Wai Man Tom et al. v. Hospitality Ventures, LLC d/b/a Umstead Hotel and Spa; NC Culinary Ventures, LLC d/b/a AN Asian Cuisine; and SAS Institute, Inc

TO: ALL FORMER EMPLOYEES AT ÃN ASIAN CUISINE, WHO PERFORMED WORK THAT INVOLVED DIRECT INTERACTION WITH CUSTOMERS AS A CAPTAIN, SERVER, SERVER ASSISTANTS, RUNNER, AND/OR BARTENDER AT ANY TIME FROM FEBRUARY 21, 2015, UNTIL THE CLOSURE OF THE RESTAURANT (APPROXIMATELY JANUARY 30, 2017).

A Pending Class/Collective Action Lawsuit May Affect Your Legal Rights.

Some former employees (collectively, the “Plaintiffs” and “Class Representatives”) of Hospitality Ventures, LLC d/b/a Umstead Hotel and Spa; NC Culinary Ventures, LLC d/b/a ÃN Asian Cuisine; and SAS Institute, Inc have sued Hospitality Ventures, LLC d/b/a Umstead Hotel and Spa; NC Culinary Ventures, LLC d/b/a ÃN Asian Cuisine; and SAS Institute, Inc (referred to in this notice as “Defendants”) claiming Defendants required them to share portions of their tips with non-tip-eligible employees. Defendants deny all claims in this lawsuit.

• The Court has conditionally certified this lawsuit as a collective action under the Fair Labor Standards Act (“FLSA”). The collective members consist of captains, servers, server assistants, runners, and bartenders who were employed at ÃN during a statutorily-determined qualifying time period prior to ÃN Asian Cuisine’s restaurant closure on January 30, 2017.
• The Court has also allowed the lawsuit to proceed as a certified class action under the North Carolina Wage and Hour Act (“NCWHA”). The class consists of captains, servers, server assistants, runners, and bartenders who were employed by Defendants at any time between February 21, 2015 to the closure of the restaurant on January 30, 2017.
• The Court has not decided whether Defendants did anything wrong. There is no money available now, and no guarantee there will be any in the future. However, your legal rights are affected, and you have a choice to make now, and you must act by November 2, 2021.

SUMMARY OF YOUR LEGAL RIGHTS AND OPTIONS IN THIS LAWSUIT

This case involves claims under a federal law, the Fair Labor Standards Act (“FLSA”), and claims under a state law, the North Carolina Wage and Hour Act. The following explains how you may choose to make or not make a claim under each law. Any choice is completely voluntary on your part.

FEDERAL LAW CLAIM

WHAT YOU MAY DO:

FILL OUT AND SEND IN THE CONSENT TO JOIN FORM ENCLOSED IN THIS NOTICE. CONSENT TO JOIN DEADLINE: NOVEMBER 2, 2021.

By filling out and sending in the Consent Form, you will be bound by all decisions of the Court and will have the right to share in a monetary recovery, if any. You will also give up the right to sue Defendants separately about the same legal claims in this case.

DO NOTHING.

If you do not fill out and send in the Consent to Join Form you will not become a party to the federal claims in this case. You will not be bound by any decision of the Court as to those claims and will not share in any potential monetary recovery, if any is awarded. But you keep any rights to sue Defendants separately about the same legal claims in the case, provided you do so in a timely manner.

NORTH CAROLINA STATE LAW CLAIM

WHAT YOU MAY DO:

SUMMARY OF YOUR LEGAL RIGHTS AND OPTIONS IN THIS LAWSUIT:
YOU ARE AUTOMATICALLY A MEMBER OF THE “CLASS” IN THIS CASE UNLESS YOU “OPT OUT”. OPT OUT DEADLINE: NOVEMBER 2, 2021.	The “class” only applies to claims under North Carolina law. You will be represented by the attorneys designated by the Court to represent the class (“class counsel”) unless you exclude yourself from the class.
IF YOU WISH TO EXCLUDE YOURSELF, YOU MUST OPT OUT. OPT OUT DEADLINE: NOVEMBER 2, 2021.	If you do not want to participate in the class action part of the case, you must send the opt-out form by mail or fax to: Gilda A. Hernandez, Esq., The Law Offices of Gilda A. Hernandez, PLLC, 1020 Southhill Dr., Ste 130, Cary, NC 27513. 919-741-8693. If you do not participate in this class action part of the lawsuit, you will not be eligible to receive any benefits in the event that a settlement or judgment is obtained on this claim. If you do not opt out of this class action you will be bound by the judgment of the Court on all issues, whether favorable or unfavorable.