Case Information
Laughlin, et al. v. Fresh-Mex & Co. Corp., et al.
In the Circuit Court, Fourth Judicial Circuit, In and for Duval County, Florida
Case Number: 16-2023-CA-001249
(888) 369-3780
About This Case
PLEASE READ THIS NOTICE CAREFULLY. YOU MAY BE ENTITLED TO A PAYMENT FROM A CLASS ACTION SETTLEMENT IF YOU WORKED AS A TIPPED EMPLOYEE AT FRESH MEX IN JACKSONVILLE, FLORIDA BETWEEN JUNE 24, 2017 AND MARCH 14, 2023.
A federal court authorized this notice of a proposed class action settlement. This is not a solicitation from a lawyer and is not notice of a lawsuit against you.
WHY DID I GET THIS NOTICE
This notice is to inform you that a proposed settlement has been reached in a class action lawsuit between Fresh-Mex & Co. Corp. d/b/a Fresh-Mex & Co. – Tex-Mex Cantina, Michael Toussaint, and Amanda Toussaint (“Defendants”) and certain individuals who worked as tipped employees at Fresh Mex between June 24, 2017, and March 14, 2023. Patti Laughlin (“Ms. Laughlin”), a former tipped employee at Fresh Mex, initiated this lawsuit. Rather than continue to litigate these matters, the Parties have reached a settlement. Pursuant to the terms of the settlement, tipped employees (except for bartenders) who worked at Fresh Mex between June 24, 2017, and March 14, 2023, may receive payments depending on the amount of time they worked at Fresh Mex between those dates.
The lawsuit alleges that Defendants violated the Florida Minimum Wage Act by failing to provide servers adequate notice of the tip credit, failing to compensate servers the applicable reduced wage, requiring servers to work certain hours off-the-clock, and allowing managers to take certain portions of a tip pool that servers were required to contribute to. The case is Laughlin, et al. v. Fresh-Mex & Co. Corp., et al., Case No. 16-2023-CA-001249, currently pending in the Fourth Judicial Circuit Court in and for Duval County, Florida. The proposed settlement is not an admission of wrongdoing by Defendants, and Defendants deny that they violated the law. The Court has not decided who is right or wrong. Rather, to avoid the time, expense, and uncertainty of litigation, the Parties have agreed to settle the lawsuit. The settlement has been preliminarily approved by the Fourth Judicial Circuit Court in and for Duval County, Florida.
You are a member of the class and eligible to participate in the settlement if you worked as a tipped employee (except for bartenders) at Fresh Mex in Jacksonville, Florida between June 24, 2017, and March 14, 2023.
If the Court approves the settlement, members of the class who submit valid claims will receive a distribution from a settlement fund that Defendants have agreed to establish. Each individual who submits a valid claim will receive a portion of this fund, after all notice and administration costs, an individual payment to Ms. Laughlin, and Mr. Bennett, and attorneys’ fees – if approved by the Court – have been paid. Payments are estimated to be $1.57 per hour for each hour you worked, depending on the duration of your actual employment.
Summary of Your Rights and Choices:
Your Legal Rights Are Affected Even If You Do Not Act.
Read This Notice Carefully.
You May: | Effect of Choosing the Option: | Due Date: |
EXCLUDE YOURSELF | You can elect to get out of the class and keep your right to sue Fresh Mex and all other Defendants on your own in regard to the claims in the lawsuit. To exclude yourself from participating in the Settlement, you must complete and return a request for exclusion. | Postmarked by: May 22, 2023 |
File Objection | If you do not exclude yourself, you can remain a class member and still write to the Court about why you disagree with the settlement. | Postmarked by: May 22, 2023 |
Appear at a Hearing | If you do not exclude yourself, you can remain a class member and appear at the final hearing to advise the Court about why you disagree with the settlement. | The Notice of Appearance must be postmarked on or before May 22, 2023, to appear at the final hearing on July 27, 2023, at 3:30 p.m. in Courtroom 704 at the Duval County Courthouse in Jacksonville, Florida. |
Do Nothing | You will be bound by the terms of the settlement and give up your right to sue Fresh Mex and all other Defendants on the claims in the lawsuit, but receive no money. | |
Claim Your Settlement | If you wish to be included in the settlement, you may receive a payment if you submit a completed Claim Form. | Postmarked by: May 22, 2023 |
Important Dates