Columbus, OH, December, 19, 2022 – The law firms of Brian G. Miller Co., L.P.A. and Barkan, Meizlish, DeRose & Cox, LLP – both based in Columbus, Ohio – are pleased to announce a settlement of $665,000 on behalf of more than 30 plaintiffs in a collective and class action dispute over unpaid wages against the owners of Dee Jays BBQ Ribs and Grille, which is based in West Virginia. The settlement of the dispute (Case No. 5:22-cv-00006-JPB), filed in the U.S. District Court for the Northern District of West Virginia, was approved by Judge John P. Bailey on December 15, 2022. As a result of the settlement approval, the case was also dismissed with prejudice (settlement and dismissal order attached for reference).
The lawsuit was originally filed on January 3, 2022, by plaintiff Chasity D. Adkins on behalf of herself and other current and former employees of Mt. Nebo Foods, LLC, and Dewey J. Guida Enterprises, Inc., d/b/a Dee Jay’s BBQ Ribs & Grille. The suit alleged violations of the Federal Labor Standards Act (FLSA), the West Virginia Minimum Wage and Maximum Hours Law, and the West Virginia Payment & Collections Act and sought relief and punitive damages against the defendants.
According to the suit, the defendants withheld up to 3% of each employee’s total sales for each shift to be paid out as tips and subsequently shared between managers, kitchen staff, and hosts/hostesses. This led to servers having to put their own tips into the pool, which most of the time resulted in them being paid less than both federal ($7.25 per hour) and state minimum wages ($8.75 per hour). As a result, the suit explained, “approximately $4,000 in tips in a respective week could be shared between employees who do not customarily and regularly receive tips.” Last week’s settlement and dismissal effectively resolved these allegations, delivering monetary damages to be divided among the class of plaintiffs.
Attorneys for the plaintiffs issued a joint statement to comment on the settlement and dismissal: “We are pleased with the settlement and the opportunity for closure that this outcome brings for our clients. We hope it sends a strong message to employers, especially in hospitality and food service, that minimum wage laws must be acknowledged and followed. We also hope it allows employees who believe they are paid incorrectly to recognize their options in recovering what they are owed.”
Plaintiffs in this case were represented by Adam L. Slone of Brian G. Miller Co, LPA, as well as Bob DeRose and Jacob Mikalov of Barkan Meizlish DeRose & Cox, LLP.
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About Brian G. Miller Co., L.P.A.
Brian G. Miller Co., L.P.A., was established in 2004 when Brian Miller decided to start his own law practice. His goal was to create a law firm that delivers legal services reflective of his experience, ability, and a steadfast commitment to exceptional quality and client satisfaction. At the law office of Brian G. Miller Co., L.P.A., we provide our clients with effective legal representation by placing a strong emphasis on diligent investigation and by utilizing a thoroughly academic approach in preparing cases. Members of our firm are experienced not only with case management and claims processing, but also with the type of detailed legal research that exceptional client representation requires. The firm carries a healthy, but manageable active client caseload that ensures we have the time to get to know each client personally, while also ensuring our ability to pay careful attention to the details of each and every case. Brian G. Miller Co., L.P.A., is best known for handling plaintiff’s serious personal injury claims, wrongful death claims, and other catastrophic injury litigation, as well as a growing practice representing employees in wage and hour violations of the Fair Labor Standards Act (FLSA) and other employment regulations. Visit www.bgmillerlaw.com for more information.
About Barkan Meizlish DeRose Cox LLP.
The law firm of Barkan Meizlish DeRose Cox, LLP is over sixty years old, with a national practice, focused on wage and hour/overtime litigation, Ohio workers’ compensation, Social Security Disability, and personal injury/medical malpractice. The firm and individual attorneys within the firm appear on lists of the best law firms and attorneys in the nation. Through their representation of individual employees as well as the injured and the disabled, the firm aims to protect the rights of working people on and off the job. They represent clients’ interests in federal and state court, before federal and state administrative agencies, at the collective bargaining table, and in state legislatures and the United States Congress. The attorneys and professional staff of Barkan Meizlish DeRose Cox, LLP are fully committed to securing justice for all of their clients. Visit www.barkanmeizlish.com for more information.
When Should I Contact a Workers’ Compensation Lawyer?
Workers’ compensation laws are in place to protect employees who are injured on the job. However, navigating the process can be confusing and overwhelming for people unfamiliar with the system. This is where a workers’ compensation law firm in Ohio like Barkan Meizlish DeRose Cox, LLP. comes in.
An experienced Ohio workers’ compensation law firm can help you understand your rights, file a claim, and fight for fair compensation. It’s important to know when to contact a workers’ compensation lawyer to get the help you need to protect your rights and get the benefits you deserve.
Why Do I Need a Workers’ Compensation Attorney?
A workers’ compensation law firm provides valuable assistance to those who have been injured on the job. Workers’ compensation attorneys have a deep understanding of the workers’ comp laws and the claims process, which can assist you in receiving fair compensation for your injuries.
An experienced workers’ compensation attorney will assist in negotiations with your employer on your behalf, ensuring that your rights are protected and that you receive the maximum benefits you are entitled to. Furthermore, if a dispute arises in the administrative system, a workers’ compensation attorney can represent you in court and fight for your rights through effective litigation. In short, a workers’ compensation attorney can provide both peace of mind and be a strong advocate during this difficult time.
The Benefits of Contacting a Workers’ Compensation Law Firm
Hiring a workers’ compensation law firm offers several benefits you may miss out on if you choose to represent yourself. Nobody has more expertise in the field of workers’ compensation than an experienced Ohio workers’ compensation lawyer. Practicing workers’ compensation lawyers have a deep understanding of the laws and regulations surrounding your claim that they can use in securing you fair and just benefits.
Another benefit to hiring an experienced workers’ compensation law firm is that they will represent and speak on your behalf during negotiations with your employer, defense attorneys, and third-party administrators to ensure your rights are protected throughout the process.
While you could represent yourself in your workers’ compensation claim, we don’t recommend doing so. Hiring a workers’ compensation attorney provides you with the expertise, representation, and resources you need to receive fair and just compensation for your injuries.
Why You Should Act Fast After Your Injury
The best time to contact a workers’ compensation attorney is as soon as you are injured. Workers’ compensation claims in Ohio must be filed within a year of the injury. Failing to do so will bar you from pursuing any workers’ compensation benefits. Not only that, but gathering evidence becomes more difficult the further you are from the injury.
Contacting a Columbus workers’ compensation lawyer as soon as you suffer an injury ensures your claim is filed correctly, before the statute of limitations expires, and that you are able to gather all the evidence you need to support your claim.
Ohio Workers’ Compensation Lawyers That Work for You
If you have been injured on the job or have developed an occupational illness, it is important to seek legal representation as soon as possible. A workers’ compensation law firm will help ensure your rights are protected and that you receive the compensation you deserve. We can also help you navigate the complex workers’ compensation system, negotiate with involved parties, and represent you in court if necessary.
Don’t wait until it’s too late to seek the help you need. Contact the Ohio workers’ compensation lawyers at Barkan Meizlish DeRose Cox, LLP. today to request your free consultation.