Servers at Bob Evans restaurants filed lawsuits that were consolidated into an action in the United States District Court for the Western District of Pennsylvania (“Consolidated Lawsuit”) against Defendants. The Consolidated Lawsuit concerned whether servers who worked at Bob Evans restaurants nationwide were paid all earned minimum wages. Specifically, the Consolidated Lawsuit claimed that Defendants violated the Fair Labor Standards Act (“FLSA”) and various state laws by paying servers less than the full hourly minimum wage by requiring them to perform improper types, and excessive amounts, of non-tipped side work and failing to provide adequate notice of the tip credit. Defendants denied violating the law and maintained they have complied with the FLSA and all applicable state law at all times in good faith. Defendants further claim that servers were properly paid for all hours worked and notified of the tip credit.

After the Court conditionally certified some of the Named Plaintiffs’ claims as a collective action, notice was sent to current and former servers working for Defendants during the relevant period. Approximately 5,000 individuals, including you, decided to join the action and become Opt-In Plaintiffs by submitting a consent form.

Following years of litigation and an arms-length mediation, the parties reached a settlement agreement. This Settlement is not an admission of any wrongdoing by Defendants or an indication that any law was violated and there has been no finding by any court that Defendants have violated the law.

Under the Settlement Agreement, Defendants agreed to pay a maximum settlement amount not to exceed $5,000,000 (the “Settlement Amount”). The Settlement Amount will be allocated to the Named Plaintiffs, Opt-In Plaintiffs, Plaintiffs’ Counsel, and the Settlement Administrator.

Each Opt-In Plaintiff’s Individual Settlement Payment was calculated by the Settlement Administrator using a formula that accounts for the number of hours each individual Opt-In Plaintiff worked while being paid as a tipped employee relative to the amount of hours that all Named and Opt-In Plaintiffs worked while being paid as tipped employees during the relevant time period.

As an Opt-In Plaintiff (or “Participating Settlement Collective Member” as defined in the parties’ Settlement Agreement), unless you affirmatively opt-out of the settlement as set forth below, you are releasing the following claims against Defendants and all Released Persons (as defined in the Settlement Agreement):

Any and all federal, state, and local wage-related claims of any kind including but not limited to any claims pursuant to the Fair Labor Standards Act (“FLSA”) and any and all state wage-related claims of any kind that such collective member has, had, might have or might have had against any of the Released Persons based on any act or omission during the Collective Period (October 1, 2016 through April 7, 2023), in any way related to any of the facts or claims that were alleged or that could have been alleged in the Action or by reason of the negotiations leading to this Settlement, even if presently unknown or unasserted (including, but not limited to, claims for wages, minimum wages, overtime, liquidated damages, penalties, interest, etc.).

Yes. If you opt-out of the settlement you will not release any claims against Defendants. However, if you do so, you will not receive a Settlement Payment.

To opt-out of the Settlement, within 45 days of receiving this letter, you must return the entire uncashed Settlement Check to the Settlement Claims Administrator at the address below with the following signed message “I do not wish to be part of the Settlement nor be bound by its terms.”

Settlement Administrator Address:
Bob Evans Wage and Hour Litigation
P.O. Box 2006
Chanhassen, MN 55317-2006