Frequently Asked Questions

 

The following are “Frequently Asked Questions” about the settlement.

If you do not find an answer to your question here:

  • Documents such as the Complaint and Settlement Agreement can be found by clicking here
  • You can write the Settlement Administrator at the address listed here
What is this case about?

Firebirds Restaurants are owned by Firebirds, International, Inc (“Firebirds”). In 2017 a lawsuit was filed in federal court in Kansas, alleging that servers at Firebirds Restaurants may not have been properly paid for all time worked. The lawsuit alleges that FIREBIRDS’s pay practices violated the Fair Labor Standards Act (“FLSA”) and various state wage and hour laws.

FIREBIRDS has denied and continues to deny all of the allegations in Plaintiff’s petition and denies it violated the FLSA or any applicable state or federal laws.

FIREBIRDS maintains that servers were properly paid for their hours worked. The Court has not decided who is right and who is wrong, or weighed the arguments of either side. The parties, however, agreed to a settlement. You are entitled to participate in the settlement in exchange for a release of all federal, state and local wage and hour claims you may have arising from your employment in the above position.

Who is a class member in this settlement?

You are a class member if you worked as a server at a Firebirds restaurant between May 12, 2014 and the date of the entry of the Final Approval Order.

Can Firebirds retaliate against me if I participate in this lawsuit?

If you are a current employee of FIREBIRDS, you will not be retaliated against for joining this case. Under federal law, it is illegal for FIREBIRDS to terminate you or retaliate against you in any fashion because you have joined and/or participated in this lawsuit and/or settlement.

How long do I have to submit a claim form?

The Claim Form must be returned within sixty (60) days from the date this notice was mailed, i.e. postmarked no later than April 6, 2019.

You can also submit a claim form online. If you wish to submit a claim form online, you will need your claim number and PIN printed on the claim form you received in the mail.

How can I update my address?

You can update your address on your paper claim form or when you file an online claim. If your address changes after you file your claim form, please write to the claims administrator at this address, providing your name, claim number, old address and new address:

Firebirds Class Action Settlement
P.O. Box 2005
Chanhassen MN 55317-2005

What is the effect of my arbitration agreement on this settlement?

If you signed an arbitration agreement with Firebirds, that agreement does not apply to this settlement.

You may still submit a claim form and receive your share of the settlement, even if you signed or otherwise agreed to the arbitration agreement.

What if I have more questions?

You may call the settlement administrator toll-free at 855-326-4810. You may also email them at info@firebirdsclassaction.com, and your inquiry will be responded to as quickly as possible.