IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION
| GLENDA HARRELSON, individually and on behalf of all similarly situated persons, Plaintiff, v. WONWON GROUP INC. d/b/a VOLCANO STEAK & SUSHI, Defendant. | Civil Action No. 1:23-cv-02147-VMC JURY TRIAL DEMANDED |
NOTICE OF LAWSUIT AGAINST WONWON GROUP INC. d/b/a VOLCANO STEAK & SUSHI
A Court has authorized this Notice. This is not an advertisement. Please review this Notice carefully, as it details certain legal rights you may have.
This Notice is to inform you of your right to join a lawsuit filed against Defendant Wonwon Group Inc. d/b/a Volcano Steak & Sushi. The lawsuit seeks to recover unpaid minimum wages, unpaid overtime wages, withheld tips, liquidated damages, and attorneys’ fees and costs on behalf of all current and former persons who worked for Defendant as a Server, or who performed materially similar work, at any time between May 11, 2020, and present. The Court has not made any determination about the merits of Plaintiff’s claims. Defendant denies liability.
If you wish to join this lawsuit, you must complete and return the attached Consent to Join Form by December 23, 2024.
What This Lawsuit Is About
The Plaintiff in this lawsuit, Glenda Harrelson, worked for Defendant as a Server. Plaintiff alleges that:
- Defendant, as a regular and routine practice, failed to pay Plaintiff and those similarly situated at a rate of one-and-one half their regular rate of pay for all hours worked in excess of forty (40) hours per workweek.
- Defendant, as a regular and routine practice, failed to pay Plaintiff and those similarly situated minimum wage required under the Fair Labor Standard Act (“ FLSA”) and failed to meet the requirements to take a “tip credit” under the FLSA.
- Defendant, as a regular and routine practice, improperly withheld and/or improperly distributed tips that belonged to Plaintiff and those similarly situated employees.
This lawsuit seeks relief that includes unpaid minimum wages, unpaid overtime wages, withheld tips, and liquidated damages for persons who worked for Defendant as Servers, or who performed materially similar work, at any time between May 11, 2020, to present.
Because Defendant’s records show that you were a Server during the applicable time period, you are eligible to participate in this lawsuit. The Court has conditionally certified two Collectives defined as:
- All persons who were, or are, employed by Defendant as Servers, or performing materially similar work as Servers, at any time within three years prior to the filing of the Collective Action Complaint and who worked in excess of 40 hours per week and were not paid at an overtime rate of one-and-one half their regular rate of pay for all hours worked over 40, and were instead paid straight time at a subminimum wage for all hours worked (the “Overtime Collective”).
- All persons who were, or are, employed by Defendant as Servers, or performing materially similar work as Servers, at any time within three years prior to the filing of the Collective Action Complaint (the “Minimum Wage and Tip Collective”).
If you meet either definition, you have a right to “opt in,” or join this lawsuit.
How to Join This Lawsuit
Enclosed with the Notice mailed to you was a Consent to Join Form. If you decide to join this lawsuit, you must complete and sign the Consent to Join Form and return it by email or mail to Plaintiff’s counsel:
Justin M. Scott
Radford Scott LLP
160 Clairemont Avenue, Suite 610
Decatur, Georgia 30030
Telephone: 678.780.4880
Facsimile: 478.575.2590
A pre-addressed and stamped envelope was included for you to return the Consent to Join Form by mail. You must return the Consent to Join Form on or before December 23, 2024.
You may also electronically complete and submit the Consent to Join Form by using this link: CLICK TO SIGN
The Legal Effect of Joining This Lawsuit
If you decide to join this lawsuit, you will be bound by any judgment entered by the Court. While the lawsuit is proceeding, you may be required to participate in the discovery process, and there is a possibility that, if the case proceeds to trial, you will be called to testify. Specifically, you may be required to respond to written questions, testify under oath during depositions and in court, or any combination of those things.
If you choose to join this lawsuit, your legal representation will be:
Justin M. Scott
Tierra M. Monteiro
Radford Scott LLP
160 Clairemont Avenue, Suite 610
Decatur, Georgia 30030
Telephone: 678.780.4880
Facsimile: 478.575.2590
C. Andrew Head
Head Law Firm, LLC
730 Peachtree Street NW, Suite 600
Atlanta, Georgia 30308
Telephone: 404.924.4151
Facsimile: 404.796.7338
Plaintiff’s counsel is being paid on a contingency fee basis. If there is a recovery, the attorneys’ fees will be paid solely by the Defendant, and not by you, after Plaintiff’s counsel applies to the Court for an award of attorneys’ fees and costs. If there is no recovery, you will not have to pay any attorneys’ fees.
By joining the lawsuit, you designate the collective representative, Glenda Harrelson, as your agent to make decisions on your behalf concerning the lawsuit, including whether to resolve the lawsuit, and all other matters pertaining to this lawsuit. These decisions and agreements made and entered into by the collective representative will be binding on you if you join this lawsuit.
You may also join this lawsuit by retaining another lawyer of your own choosing. Should you choose a different lawyer to represent you, as is within your rights, the fee arrangement may differ. If you do so, your attorney must file a Consent to Join form within forty-five (45) days from the date of this Notice. The address of the Court is: United States District Court, Northern District of Georgia, Richard B. Russell Federal Building, 2211 United States Courthouse, 75 Ted Turner Drive SW, Atlanta, Georgia 30303-3309. The phone number of the Clerk of Court is (404) 215-1600. The Clerk cannot give legal advice about this case.
Action to Take to Stay Out of The Lawsuit
If you do not wish to be part of the lawsuit, you do not need to do anything. If you do not join the lawsuit, you will not be part of the lawsuit in any way and will not be bound by or affected by the result of the lawsuit (whether favorable or unfavorable). Your decision not to join this lawsuit will not affect your right to bring a lawsuit on your own at a future time. Claims under the FLSA must be filed in court within two (2) years of the pay date for the week worked, unless the employer’s violation of the law was “willful,” in which case the claim must be brought within three (3) years. If you choose not to join in this lawsuit or you choose to file your own lawsuit, the statute of limitations (i.e., the deadline of 2 years after each pay date, or 3 years if the violation of the law was “willful”) will not stop running on any FLSA claims you may have, and may eventually extinguish any right you have to recover for unpaid overtime wages, unpaid minimum wages, or withheld tips as alleged in this lawsuit.
Protection Against Retaliation
Federal law prohibits Defendant from retaliating or discriminating against you in any way if you decide to join this lawsuit.
Further Information
Further information about this lawsuit or this Notice can be obtained by contacting Plaintiff’s counsel at the telephone number, address, or email provided above.
Date of Notice: November 8, 2024
THIS NOTICE AND ITS CONTENTS HAVE BEEN AUTHORIZED BY THE FEDERAL DISTRICT COURT, HONORABLE VICTORIA M. CALVERT, DISTRICT JUDGE. THE COURT HAS TAKEN NO POSITION REGARDING THE MERITS OF THE PLAINTIFF’S CLAIMS OR OF THE DEFENDANT’S DEFENSES.