Morton's successfully defends against nationwide class action in which claimants allege they were paid less than minimum wage due to alleged improper tip credits
Client(s) Morton's Restaurant Group, Inc.
Jones Day represented Morton's Restaurant Group, Inc. in a nationwide class action where claimants are alleged that Morton's tip credit practices violated the Fair Labor Standards Act ("FLSA"). Prior to Jones Day being retained to represent Morton's, the case was moved from federal court in Massachusetts to arbitration before the American Arbitration Association ("AAA"), and the Arbitrator, pursuant to AAA's class action rules, certified a nationwide opt-out FLSA class covering current and former Morton's tipped employees dating back to May 2002. After Jones Day took over the defense of the case, it successfully narrowed the class and negotiated a ground-breaking consolidated, nationwide settlement that covered both federal and state claims, gaining district court approval.
Johnson, et al. v. Morton's Restaurant Group, Inc., et al., Case Nos. 05-11058-MLW & 07-11808-MLW (D. Mass.)