OTG’s records indicate that you are or were employed by OTG as a server, bartender, or other tipped worker at LaGuardia Airport, John F. Kennedy Airport, or Newark Liberty Airport between September 6, 2013 to February 1, 2023.

The Court ordered that you be sent this Notice because you have a right to know about a proposed class and collective action settlement, and about your options with respect to the Lawsuit, before the Court decides whether to approve the Settlement. This Notice explains the Lawsuit, your legal rights, and what benefits may be available to you.

The Lawsuit is captioned as Filho, et al. v. OTG Management, LLC, Civil Action No. 19 Civ. 8287, and is pending before the Honorable Sarah Netburn, Magistrate Judge in the United States District Court for the Southern District of New York.

Plaintiffs allege that OTG did not properly pay Tipped Workers in accordance with federal and state labor laws. In particular, this Lawsuit alleges that OTG (1) failed to pay Tipped Workers the proper minimum wage by not providing proper notice of the tip credit minimum wage rate and/or requiring Tipped Workers to spend a substantial amount of time performing non-tip producing work, (2) failed to pay Tipped Workers for all hours worked in excess of 40 per workweek, (3) improperly claimed Tipped Workers’ tips, and/or (4) failed to provide compliant wage statements and notices. OTG denies any wrongdoing, liability or damages. It is OTG’s position that it properly compensated Plaintiffs and other employees and complied with all applicable federal and state law with respect to wages and notices.

The Court has not made any determination about who is right or wrong in this Lawsuit. Both sides believe they would have prevailed in the Lawsuit but there was no decision ruling in favor of either party. Instead, both sides agreed to a settlement. That way, they avoid the cost, delay, and uncertainties associated with a trial or arbitration, and the Tipped Workers who participate in the settlement will get compensation as part of the settlement. Class Counsel analyzed and evaluated the claims made against OTG in the Lawsuit and Plaintiffs and Class Counsel believe the settlement is best for all Tipped Workers.

In a class action, one or more Plaintiffs called “class representatives” bring claims on behalf of themselves and other people who they believe have similar claims. The people are called “class members” and together are the “class,” and all class members are automatically a part of the class unless they tell the Court they wish to opt out/exclude themselves.

Similarly, in a collective action, one or more Plaintiffs can seek to represent a “collective” of other people who they believe have similar claims. Individuals wishing to become collective members must consent in writing to join the action or “opt in.”

In a class/collective action like this one, the Plaintiffs ask the Court to resolve the issues for all class and collective members. In this case, we are referring to both class and collective members as “Tipped Workers” and/or “Class Members.”

The Court decided that the lawyers at the law firm of Outten & Golden LLP are qualified to represent you and all Tipped Workers and/or Class Members. These lawyers are called “Class Counsel.” Information about Class Counsel is available at www.outtengolden.com, and their contact information is listed in Section 17, below.

You will not be charged for services provided by these lawyers. Class Counsel will apply to the Court for approval of a fee payment from the Settlement, and you do not owe them any additional money for their services. You do not need to retain your own attorney to participate, but you are free to do so, at your own expense.

No. It is a violation of state and federal law if OTG or your current employer retaliates against you for participating in this Settlement. If you believe that you have been retaliated against as a result of you receiving this Notice, considering whether to participate in this Settlement, or actually participating in this Settlement, please contact Class Counsel listed in Section 17.

OTG has agreed to pay a maximum total amount of $1,585,823.99 to settle all claims and disputes in this Lawsuit (the “Total Settlement Amount”), which will be used to pay (1) settlement payments to Class Members; (2) attorneys’ fees of up to one-third of the Total Settlement Amount; (3) reimbursement of actual litigation expenses and costs; (4) Service Awards of $12,000 to each of the three Named Plaintiffs; (4) federal and state payroll taxes/withholdings; and (5) the Settlement Administrator’s fees and costs.

The formula used to calculate your settlement payment considers the number of weeks you worked for OTG as a Tipped Worker in New York and/or New Jersey between September 6, 2013 and February 1, 2023. It also considered whether you filed a consent form to join the Lawsuit, whether you have an arbitration agreement with OTG, and whether you notified OTG or Class Counsel that you intended to pursue your claims against OTG in arbitration.

The Settlement Agreement between OTG and Plaintiffs contains the exact allocation formula. You may obtain a copy of the Settlement Agreement by contacting Class Counsel using the information in Section 17 below or by clicking here.

Analytics Consulting LLC, the Settlement Administrator retained by the parties to administer this Settlement, used information from OTG’s records to calculate your payment. If you have questions about your calculation, you may contact the Settlement Administrator or Class Counsel using the information in Section 17 below.

Half of your settlement payment will be subject to payroll deductions for applicable taxes and withholdings like any other paycheck, for which you will receive a W-2, and the other half is not subject to deductions and will be reported to you on a Form 1099. Neither Class Counsel nor OTG’s counsel can advise you regarding the tax consequences of the settlement payment. You may wish to consult with your own personal tax advisor in connection with the settlement payment.

If you wish to participate in the Settlement, you do not need to take any action now. You will receive a check for your settlement payment by U.S. mail. If your mailing address has changed since your employment with OTG, please update your address here.

The Court will hold a hearing on January 9, 2024 at 11:00 AM to determine whether to give final approval to the Settlement (“Fairness Hearing”), as discussed below in Section 15. If the Court approves the Settlement, settlement checks will be mailed approximately 35 days after the Court enters its final approval order.

If you do not exclude yourself from the Settlement pursuant to the instructions in Section 13, you will release your state and federal claims against OTG. This means you cannot sue, continue to sue, or be a part of any other action, arbitration or other proceeding against OTG regarding any and all, known or unknown, wage and hour claims relating back to the full extent of the federal statutes of limitations and continuing through the date of the execution of this Agreement, including, without limitations, claims pursuant to the Fair Labor Standards Act (“FLSA”), 29 U.S.C. § 201 et seq., interest, costs and expenses, attorneys’ fees, declaratory relief, injunctive relief, liquidated damages, civil penalties, equitable remedies, and/or pre- or post-judgment interest available under the FLSA, claims pursuant to the New York Labor Law, including minimum and overtime wages, expense reimbursement, wage statements, waiting time penalties, restitution, and related claims for interest, costs and expenses, attorneys’ fees, declaratory relief, injunctive relief, liquidated damages, civil penalties, equitable remedies, and/or pre- or post-judgment interest, and/or claims pursuant to the New Jersey Wage and Hour Law, including minimum and overtime wages, expense reimbursement, wage statements, waiting time penalties, restitution, and related claims for interest, costs and expenses, attorneys’ fees, declaratory relief, injunctive relief, liquidated damages, civil penalties, equitable remedies, and/or pre- or post-judgment interest. You will release your state and federal claims against OTG whether or not you cash or otherwise negotiate your settlement check.

If you wish to exclude yourself from the Settlement, you must submit a written Opt-out Statement to either Class Counsel or the Settlement Administrator, stating: (i) your full name, address, telephone number; (ii) a statement indicating your intention to exclude yourself from the Settlement: “I opt out of the OTG settlement”; and (iii) your signature.

Objections should be mailed, emailed, faxed, or submitted online to the Settlement Administrator at:

OTG Tipped Worker Case
P.O. Box 2006
Chanhassen, MN 55317-2006
Toll-Free Phone (877) 793-1838
Fax (952) 404-5750
info@OTGTippedWorkerCase.com

The Opt-out Statement must be postmarked by or otherwise received on or before November 23, 2023, if your notice is dated September 22, 2023.

If you submit an Opt-out Statement, you will not be eligible to receive a settlement check. You will retain the right to bring your own legal action against OTG. You should be aware that your claims are subject to defenses, including but not limited to, a statute of limitations, which means that they will expire (or may already have expired) on a certain date.

If you have not submitted an Opt-out Statement, you can object to any portion of the Settlement of which you disapprove. You can give reasons why you think the Court should not approve it. The Court will consider your views. You also have the right to appear at the Fairness Hearing before the Court (explained in Section 15 below) either in person or through your own counsel.

To object to the Settlement, you must send a letter to the Settlement Administrator saying that you object to the Settlement, which includes the following: (i) your full name, address, telephone number, (ii) all reasons for objecting to the Settlement, (iii) a statement regarding whether you intend to appear in person or through your own counsel at the Fairness Hearing, (iv) any supporting documentation, and (v) your signature.

Objections should be mailed, emailed, faxed, or submitted online to the Settlement Administrator at:

OTG Tipped Worker Case
P.O. Box 2006
Chanhassen, MN 55317-2006
Toll-Free Phone (877) 793-1838
Fax (952) 404-5750
info@OTGTippedWorkerCase.com

Your objection must be postmarked by or otherwise received on or before November 23, 2023, if your notice is dated September 22, 2023. Even if you submit an objection, you will be bound by the terms of the Settlement, including the release of your claims as set forth in Section 11 above, unless the Court does not grant final approval of the Settlement.

Objecting is telling the Court that you do not like something about the Settlement and asking the Court not to approve the Settlement “as is.” You can object only if you stay in the Class.

Opting out (also known as “excluding” yourself) is telling the Court that you do not want to be part of the Class. If you exclude yourself, you have no basis to object because the case no longer affects you. If you submit both an objection and an Opt-out Statement, the Settlement Administrator will attempt to contact you to determine whether you intended to object or exclude yourself. If the Settlement Administrator cannot reach you, it will be presumed that you intended to exclude yourself, and your objection will not be considered.

The Court will hold a Fairness Hearing on January 9, 2024 at 11:00 AM. At the hearing, the Court will determine whether the Settlement is fair, adequate, and reasonable and will consider any properly submitted objections.

No. Class Counsel will attend to answer questions the Court may have. But, you are welcome to attend at your own expense. If you send an objection, you do not have to attend. As long as you have not excluded yourself and have mailed your written objection within the time specified in this Notice, the Court will consider it. You may also pay your own lawyer to attend, but it is not necessary.

This Notice only summarizes the Lawsuit, the Settlement, and other related matters. More details are in the Settlement Agreement, which you can find here. You may also direct any questions to the Settlement Administrator in this matter:

OTG Tipped Worker Case
P.O. Box 2006
Chanhassen, MN 55317-2006
Toll-Free Phone (877) 793-1838
Fax (952) 404-5750
info@OTGTippedWorkerCase.com

You may also write, e-mail, or call Class Counsel:

Molly Brooks, Esq.
Amy Maurer, Esq.
Outten & Golden LLP
685 Third Avenue, 25th Floor
New York, New York 10017
(212) 245-1000
otgtippedworkercase@outtengolden.com

Hannah Cole-Chu, Esq.
1225 New York Ave NW
Suite 1200B
Washington, D.C. 20005
(212) 245-1000
otgtippedworkercase@outtengolden.com