This Notice is provided in connection with a collective action lawsuit pending in the United States District Court for the Western District of Texas (“the Court”). The Court authorized this notice to be sent to all employees whose legal rights may be affected by this lawsuit. At this time, the Court has taken no position regarding the merits of the underlying claims.

You received this notice because Perry’s records show you worked as a server in the past three (3) years for Perry’s Steakhouse and Grille at one or more of their Texas locations.

You may be entitled to make a claim and join this lawsuit if:

• You worked for Perry’s Steakhouse and Grille as a server at any of the Perry’s Steakhouse and Grille restaurants in Texas at any time since May 16, 2020; and
• You were paid a subminimum hourly wage (e.g. $2.13 per hour) and were required to (1) contribute a portion of your tips to a tip pool, (2) pay for uniforms, (3) pay for tools or other items used to perform your job (i.e. check presenters, pens, wine keys, etc.), or (4) perform non-tipped sidework duties before, during, or after your shift.

This notice is intended to advise you about your legal rights, how your legal rights may be affected by this lawsuit and inform you of your right to join this lawsuit.

Candice Paschal and Pedro Zarazua, Jr. (“Plaintiffs”) are former servers of Perry’s Steakhouse who filed this lawsuit on behalf of themselves and on behalf of other current and former servers who were paid a subminimum hourly wage plus tips.

Plaintiffs allege that Perry’s violated federal law by requiring their servers to: (1) contribute tips to a tip pool that Perry’s did not distribute among other lawful tip pool recipients; (2) pay for uniforms and other tools used to perform their jobs, and (3) perform non-tipped sidework while being paid at a subminimum hourly wage. As a result of these violations, Plaintiffs seek to recover money damages against Perry’s for unpaid minimum wages, misappropriated tips, liquidated damages (double damages), plus an award for Plaintiffs’ attorneys’ fees and costs. Perry’s disputes the allegations or any liability arising from the allegations.

By timely submitting the Consent Form you will be part of this case and represented by the Plaintiffs’ attorneys at Herrmann Law. If you join this lawsuit, you will be bound by any judgment of the Court, whether it is favorable or unfavorable. If plaintiffs win or a settlement is reached, you may be entitled to a sum as part of the judgment or settlement. If this case not successful, you will receive nothing, but you will also not be responsible for any case costs, expenses, or attorneys’ fees.

Federal law prohibits Perry’s or anyone else from discriminating or retaliating against you for exercising your legal rights, including exercising your legal right to join this lawsuit.

If you have questions or want more information about this lawsuit, including your legal rights, please contact the attorneys who are representing the servers in this lawsuit: