Frequently Asked Questions

BASIC INFORMATION

1. Why did I get a Notice?

The Arbitrator directed this because you may have performed work as a Server for RRH-Florida, LLC d/b/a Denny’s in the Margate (“9590”), Plantation (“9592”), and/or Boca Raton (“9594”) locations from July 18, 2019, through December 31, 2023, and therefore may be entitled to benefits pursuant to the terms of the settlement.

If you are a member of the Class, the proposed settlement will affect your legal rights. Therefore, it is important that you read notice carefully. You have choices to make before the Arbitrator decides whether or not to finally approve the settlement.

2. What is a Class Action?

In a class action arbitration, one or more people called “Class Representative Claimants” sue one or more Respondents on behalf of other people who may have similar claims. All these people together are a “class” or are “class members.” The arbitrator can determine whether it will allow an arbitration to proceed as a class action. If it does, a final hearing then decides the lawsuit for everyone in the class or the parties may settle without a final hearing.

In a class action, one arbitration resolves the common issues for everyone in the Class – except for those people who choose to exclude themselves from the Class.

Further, because Mr. Huffman also alleges claims pursuant to the Fair Labor Standards Act, this case is also filed as a collective action. A collective action is similar to a class action, except instead of automatically being included in the class, the individual has to opt-in to the collective claims. Here, by submitting an Approved Claim Form, class members are also considered to be part of the collective.

3. What is this Class and Collective Action about?

Mr. Huffman claims that RRH-Florida, LLC, violated the Fair Labor Standards Act and the Florida Minimum Wage Act by attempting to take a tip credit without providing sufficient notice of the tip credit under state and/or federal law. As a result, Mr. Huffman claims that he and other Servers are entitled to payment of the tip credit taken by the employer, an additional amount as liquidated damages, recovery of the tips surrendered, and attorneys’ fees and costs. Mr. Huffman also claims that the Respondent enforced an unlawful kickback policy under which it required Servers to surrender tips to cover the costs of “customer walkout” or “dine and dashers.” Mr. Huffman seeks recovery of the tip credit, any surrendered tips, and attorney’s fees and costs. Mr. Huffman also claims that RRH-Florida, LLC, violated the Fair Labor Standards Act by failing to compensate Servers the applicable federal overtime wages in weeks where more than 40 hours were worked. You can read the Claimant’s operative demand for arbitration filed in this case by selecting Important Documents at the top of the Home Page.

After the Parties agreed to the settlement, the Arbitrator preliminarily approved the certification of the class and collective of Servers who worked for RRH-Florida, LLC, in the Margate (“9590”), Plantation (“9592”), and/or Boca Raton (“9594” locations from July 18, 2019, through December 31, 2023, at the Parties’ request.

Claimant and Respondent have reached a settlement in this case. The Arbitrator has not ruled on the merits of Claimant’s claims or on Respondent’s defenses. The Respondent does not acknowledge or admit that it failed to pay you funds that were legally owed. Rather, the Arbitrator has simply certified a settlement class and collective and tentatively approved the proposed settlement as agreed upon voluntarily by the Parties.

4. Who are the Class and Collective Members?

In order to determine if you are entitled to benefits from this settlement, you first must determine if you are a Class Member, defined as:

All Servers who worked for RRH-Florida, LLC d/b/a Denny’s in the Margate (“9590”), Plantation (“9592”), and/or Boca Raton (“9594”) locations from July 18, 2019, through December 31, 2023.

If you fall within the definition of a Class Member, you may qualify for cash payments pursuant to the criteria set forth in the settlement agreement. If you are not a Class Member as described above, you do not qualify for settlement benefits.

5. Why is the Class and Collective Action being settled?

This matter is being settled because both sides have agreed to a settlement of this case in order to avoid the inherent costs, expensive legal fees, and risks of trial.

SETTLEMENT BENEFITS AND MY OPTIONS

6. What are the Settlement Benefits?

The settlement, if approved, provides monetary benefits to the Class. As part of the settlement, the Respondent has agreed to pay a maximum of $325,000.00, which shall be distributed among the Class Members based on the regular hours and overtime hours each Class Member worked, as set forth in section 7 below. Respondent has agreed to pay attorney’s fees and costs in an amount not to exceed $113,750.00 plus unreimbursed expenses and costs, which will be paid from the class fund.

Each Class Member that submits their claim form will receive payment within 60 days of the Arbitrator entering a final approval of the settlement. Therefore, it is very important that you tell us your new address and other contact information if your address or other contact information changes at any time during the payment period.

7. What are my options to receive Settlement Benefits?

If you wish to receive payments from the settlement funds, you must file the Claim Form by either selecting Claim Form at the top of the Home Page, via mail or email. To log in, use the SIMID and your last name located at the top of the mailed or emailed Notice. Only one claim form is needed, and only one form will be accepted.

Each Server electing to receive a payment will be paid based on the amount of regular hours and overtime hours they worked at RRH-Florida, LLC’s Margate (“9590”), Plantation (“9592”), and/or Boca Raton (“9594”) locations from July 18, 2019, through December 31, 2023, as follows:

For periods where Respondent has records showing the number of regular hours a Class Member worked (i.e. “Time Records” or similar documents), Class Members shall be paid approximately $0.8952 for each hour it is determined they performed work within the class period, as limited by the Settlement Agreement.

For periods where Respondent has records showing the number of overtime hours (i.e. hours over 40 in a workweek) a Class Member worked (i.e. “Time Records” or similar documents), Class Members shall be paid approximately $2.5767 for each overtime hour it is determined they performed work within the class period, as limited by the Settlement Agreement.

The total amount due to each Server will be paid within 60 days after the Arbitrator enters a final order approving the class settlement and the conclusion of any appeals.

YOU MUST SUBMIT A TIMELY CLAIM FORM TO RECEIVE CASH PAYMENTS BY EITHER SELECTING CLAIM FORM AT THE TOP OF THE HOME PAGE, VIA MAIL OR EMAIL. TO LOG IN, USE THE SIMID AND YOUR LAST NAME LOCATED AT THE TOP OF THE MAILED OR EMAILED NOTICE. If you elect to receive cash payments, you will receive an IRS Form W-2 and/or Form 1099-MISC for the amount of the cash payments made to you, as applicable, in accordance with IRS regulations. You will be responsible for the payment of federal and state taxes due as a result of the cash payments.

Please read the Claim Form for more detailed instructions on how to submit a claim for cash payments and the corresponding releases.

Summary: To summarize, if you wish to remain in the Class and receive cash payments, then you MUST fill in the Claim Form and submit it to the Claims Administrator.

You should seek the advice of a tax professional if you have any questions about the tax implication of this settlement.

REMAINING IN THE CLASS

8. What happens if I do nothing and stay in the Class?

If you do nothing you will be included in the Class, and you will be bound by the terms and conditions of the settlement. However, you will not receive monetary compensation unless you elect to receive cash benefits as described herein.

If you do not make an election, any wage claim under the Fair Labor Standards Act will be preserved, but your claims under Florida law will have been waived. Please read the Settlement Benefits section.

9. If I remain in the Class, what am I giving up?

If the Arbitrator approves the settlement, you will have released RRH-Florida, LLC, and all other Released Parties from any further state and local law wage and hour claims including those related to the matters raised in this lawsuit, and you can’t ever sue Respondent or any Released Party about these issues based upon conduct that occurred prior to the effective date of the settlement. If you do not elect to receive payments, any wage claim under the Fair Labor Standards Act will be preserved subject to the applicable statute of limitations but your claims under Florida law will have been waived. Should you have any questions about the scope of the release, you may contact Class Counsel.

EXCLUDING YOURSELF FROM THE CLASS

10. Why would I want to be excluded from the Class?

You do not have to take part in the settlement or be a member of the Class. You can exclude yourself from the settlement by “opting out.” If you exclude yourself, you will not get the benefits of the settlement. Any Arbitrator orders will not apply to you. By excluding yourself, you keep any right to file or proceed with a lawsuit against Respondent or any Released Party regarding the subject of the settlement.

If you have sued Respondent or any Released Party and want to continue with your suit, you need to personally ask to be excluded from the Class. If you exclude yourself, you will not be legally bound by the Arbitrator’s judgments in this case. Similarly, if you wish to start your own lawsuit against Respondent or any Released Party, you must exclude yourself from the Class. Should you do so, you will have to hire and pay your own lawyer for that lawsuit and prove your claims. If you do exclude yourself so you can start or continue your own lawsuit, you should talk to your own lawyer soon, because your claims may be subject to a statute of limitations.

11. How do I exclude myself from the Class?

If you are a member of the Class and wish to be excluded from the settlement, you must complete and personally send a written request, signed by you personally, which includes all of the following:

• Your legal name, current address, email address, and telephone number;

• The name and number of the lawsuit: Huffman, et. al. v. RRH-Florida, LLC, AAA Case No. 01-23-0003-7514;

• The dates you were employed by RRH-Florida, LLC d/b/a Denny’s in the Margate (“9590”), Plantation (“9592”), and/or Boca Raton (“9594”) locations from July 18, 2019, through December 31, 2023, and the position(s) you held; and

• A statement, signed personally by you, clearly stating that you want to be excluded from the Class.

All exclusion requests must be mailed first class United States mail, postmarked on or before July 1, 2024, to:

Any request for exclusion must contain your personal signature, which shall be an indication to the Arbitrator that you wish to be excluded from the Class. You cannot exclude yourself by phone or e-mail. Further, if you do not follow these instructions properly or if you also submit a claim form, you will lose your right to exclude yourself. There are no exceptions.

UNLESS YOU PROPERLY SIGN AND TIMELY MAIL A REQUEST FOR EXCLUSION, YOU WILL BE BOUND BY THE SETTLEMENT AND ANY JUDGMENT IN THIS CASE AND YOU WILL NOT BE PERMITTED TO PURSUE ANY PENDING OR FUTURE LITIGATION AGAINST RESPONDENT OR ANY RELEASED PARTY REGARDING MATTERS RELEASED AND/OR RESOLVED IN THIS SETTLEMENT, EXCEPT FOR WAGE CLAIMS UNDER THE FAIR LABOR STANDARDS ACT. SHOULD YOU WISH TO EXCLUDE YOURSELF FROM THIS SETTLEMENT, IT IS IMPORTANT THAT YOU FOLLOW THESE INSTRUCTIONS CAREFULLY.

12. How do I object to the Settlement?

If you don’t like the settlement, you may file an objection to it. This means you can tell the Arbitrator that you disagree with the settlement or some of its terms. For example, you can say you don’t think the settlement is fair or adequate, or that you object to the amount of attorneys’ fees, costs, or expenses. The Arbitrator will consider your views but may approve the settlement anyway.

You can object only if you do not exclude yourself from the Class (i.e. you do not opt out). If you opt out, or exclude yourself, you cannot object.

To object, either you or a lawyer of your own choosing must prepare an objection that contains all of the following:

1. Your name, current address, email address, and telephone number;

2. The name and title of the lawsuit: Huffman, et. al. v. RRH-Florida, LLC, AAA Case No. 01-23-0003-7514;

3. A statement of why you believe yourself to be a member of the Settlement Class including your dates of employment and the position held during such employment;

4. A written statement of objections clearly specifying the factual and legal grounds or reason for each objection;

5. A statement of whether or not you or your lawyer will ask to appear at the Final Approval Hearing to talk about your objections, and, if so, how long you will need to present your objections; and

6. Copies of documents (if any) you or your lawyer will present at the Final Approval Hearing.

Your objection must be filed with the Arbitrator and served on Class Counsel and Counsel for the Respondent no later than July 1, 2024. Any objection postmarked after that date will be rejected.

To Serve Class Counsel, Mail Objection to:

To Serve Respondent’s Counsel, Mail Objection to:

Objections postmarked after July 1, 2024, will be untimely and may not be considered by the Arbitrator.

THE LAWYERS REPRESENTING YOU

13. Do I have a lawyer representing my interests in this case?

Yes. The Arbitrator has appointed a law firm to represent you and other Class Members. The lawyer is referred to as Class Counsel and his information is as follows:

You will not be charged directly by Class Counsel for their lawyers’ services, but they will ask the Arbitrator to award them a fee from the Settlement. More information about Class Counsel and their experience is available at the websites listed above.

If you so desire, you may hire your own attorney. However, you will be responsible for that attorney’s fees and expenses.

14. How will the Lawyers be paid?

The lawyers who represent the Class will ask the Arbitrator for reimbursement for their out-of-pocket expenses and an award of attorneys’ fees based on their work in this litigation. The amount of attorneys’ fees to be awarded will be determined solely by the Arbitrator. Under the terms of the settlement agreement and subject to Arbitrator approval, Class Counsel can petition the Arbitrator for up to 35% of the Class Fund in an amount of no greater than $113,750.00, which will be payable from the Class Fund. Class Counsel can also petition the Arbitrator for reimbursable costs.

Attorney’s fees and costs payable to Class Counsel have been factored into the value of the settlement. In particular, the $325,000.00 the Respondent has agreed to pay to the Class Members will be reduced by the amount of attorney’s fees and costs awarded to Class Counsel.

The settlement agreement provides further details on attorneys’ fees, costs, and expenses payable to Class Counsel, and a copy of the settlement agreement may be obtained either from Class Counsel or the Arbitrator (see below).

15. How Will the Class Representative be Paid?

To compensate the Class Representative, Mr. Huffman, for signing a general release of any and all claims, he will receive an individual consideration payment in the amount of $20,000.00, which will be paid from the settlement. If approved, the Respondent shall pay this amount to Mr. Huffman as part of the settlement.

THE ARBITRATOR’S FINAL APPROVAL HEARING

16. What is an Arbitrator and what role do they play?

An arbitrator is an individual appointed outside of the Court system to oversee the resolution of a dispute between parties. This dispute is governed by the American Arbitration Association (“AAA”). The Parties have agreed to the appointment of Erika Deutsch Rotbart, Esq. as the arbitrator in this matter.

Erika Deutsch Rotbart, Esq. is a principal in Deutsch Rotbart & Associates, P.A. Ms. Rotbart’s practice is exclusively focused on employment and labor law including, but not limited to the Fair Labor Standards Act (“FLSA”), Florida Civil Rights Act of 1990, Title VII of the Civil Rights Act of 1964, as amended, Age Discrimination in Employment Act, Americans with Disabilities Act of 1990, statutorily protected retaliation (Whistle-blower, worker’s compensation retaliation and civil rights), Family and Medical Leave Act of 1993, as well as complex contractual and litigation related employment issues. Ms. Rotbart represents both employees and employers in her boutique-oriented practice and is also a licensed and certified civil court mediator, Florida Qualified Arbitrator, AAA and FINRA arbitrator. Ms. Rotbart has presided over several wage and hour mediations and arbitrations involving various workplace related matters including the Fair Labor Standards Act and Florida Minimum Wage Act.

17. When and where will the Arbitrator decide whether to approve the settlement?

The Arbitrator will hold a Final Approval hearing on JULY 22, 2024, AT 10:00 A.M. At this hearing, the Arbitrator will consider whether the settlement is fair, reasonable, and adequate. If there are written objections, the Arbitrator will consider them, and the Arbitrator will listen to people who have asked to speak at the hearing. After the hearing, the Arbitrator will decide whether to not to approve the settlement.

18. Do I have to attend the Hearing?

No. Class Counsel will answer questions the Arbitrator may have, but you may appear at your own expense. If you send a written objection, the Arbitrator will consider it. You may also pay your own lawyer to attend the hearing if you desire.

19. Can my lawyer appear at the Final Approval Hearing to tell the Arbitrator about my opinions regarding the Settlement?

Yes. As long as you don’t exclude yourself, you have the right to appear through counsel at the Final Approval Hearing, so long as your attorney’s Notice of Appearance and any written objections you may have are postmarked or received by the Arbitrator, Respondent’s Counsel, and Class Counsel by July 1, 2024. If you do this, however, the cost of having your lawyer appear will be at your own expense.

GETTING MORE INFORMATION

20. Where do I obtain more information?

If you want additional information, you may call or write Class Counsel at the address and phone number listed above.

The specific terms of the settlement are outlined in the legal documents that have been filed with the Arbitrator. You can look at and copy these documents at any time by selecting Important Documents at the top of the home page.

Please do not call the Arbitrator or the American Arbitration Association for assistance. Any questions or requests for further information about this lawsuit should be directed to Class Counsel whose information is listed above.