DEADLINE TO JOIN THE LAWSUIT IS MARCH 22, 2024

IMPORTANT NOTICE TO CURRENT AND FORMER EMPLOYEES OF McADOO’S SEAFOOD & LA COSECHA MEXICAN TABLE

If you worked as a server, bartender, or both for McAdoo’s and/or La Cosecha at any time since January 16, 2021, you may be entitled to join a lawsuit for unpaid wages and money damages.

WHY ARE YOU GETTING THIS NOTICE?

YOU MAY BE ABLE TO MAKE A CLAIM AND JOIN THIS LAWSUIT IF YOU WORKED FOR McADOO’S and/or LA COSECHA AS A SERVER, BARTENDER, OR BOTH AT ANY TIME SINCE JANUARY 16, 2021 AND WERE PAID A SUBMINIMUM DIRECT HOURLY WAGE (i.e. $2.13 per hour) PLUS TIPS

This Notice is provided in connection with a collective action lawsuit pending in the United States District Court for the Western District of Texas (“the Court”). The Court authorized this notice to be sent to all employees whose legal rights may be affected by this lawsuit. At this time, the Court has taken no position regarding the merits of the underlying claims.

REVIEW NOTICE & CONSENT FORM

Federal law prohibits McAdoo’s, La Cosecha, or anyone else from discriminating or retaliating against you for exercising your legal rights, including exercising your legal right to join this lawsuit.

YOUR OPTIONS AND IMPORTANT DEADLINES

JOIN

Sign & Return the Consent Form by March 22, 2024

March 22, 2024

Deadline to return the opt-in consent form.

REVIEW & SUBMIT OPT-IN CONSENT FORM

DO NOT JOIN

By doing nothing, you are choosing not to participate in this lawsuit, and you will not be represented by Plaintiff’s Counsel.

YOUR RIGHT

Why Am I Receiving This Notice?

You received this notice because McAdoo’s and/or La Cosecha’s records show that you worked for them as a server, bartender, or both, and therefore, you may be entitled to join this lawsuit and seek recovery of unpaid wages.

You may be entitled to make a claim and join this lawsuit if:

You worked for McAdoo’s and/or La Cosecha as a server, bartender, or both at any time since January 16, 2021; and
You were paid a subminimum direct hourly wage (e.g. $2.13 per hour) plus tips.

This notice is intended to advise you about your legal rights, how your legal rights may be affected by this lawsuit and inform you of your right to join this lawsuit.

What Is This Lawsuit About?

Alexis Brixey (“Plaintiff”) is a former server and bartender for both McAdoo’s and/or La Cosecha who filed this lawsuit on behalf of herself and on behalf of other current and former servers and bartenders who were paid a subminimum direct hourly wage plus tips.

Plaintiff alleges that McAdoo’s and La Cosecha violated federal law based on one or more of the following: (1) failing to notify servers and bartenders about the tip credit provisions prior to taking a tip credit; (2) requiring servers and bartenders to pay for uniforms, tools, and other expenses; (3) failing to lawfully distribute servers’ tips from the tip pool among employees who were lawfully permitted to be paid with tips; (4) requiring servers and bartenders to perform nontipped work and excessive “side work.”

As a result of any one or more of these violations, Plaintiff seeks to recover money damages against McAdoo’s and La Cosecha for unpaid minimum wages, misappropriated tips, liquidated damages (double damages), plus an award for Plaintiff’s attorneys’ fees and costs. McAdoo’s and La Cosecha dispute the allegations or any liability arising from the allegations.

How Do I Join This Lawsuit?

If you wish to join this lawsuit, you must return a signed consent form to Plaintiff’s counsel (listed below) using one of the following methods:

1) You may Electronically Sign and Submit a Consent Form by clicking the link below:

REVIEW & SUBMIT OPT-IN CONSENT FORM

2) You may return a signed Consent Form by emailing it, faxing it, or mailing it to:

Herrmann Law, PLLC
801 Cherry St. Suite 2365
Fort Worth, TX 76102
Phone: (817) 479-9229
Fax: (817) 840-5102
Email: consents@herrmannlaw.com

IF YOU WISH TO JOIN IN THIS LAWSUIT, YOU MUST SUBMIT A SIGNED CONSENT FORM BY MARCH 22, 2024

What Happens if I Join This Lawsuit?

By timely submitting the Consent Form you will be part of this case and represented by the attorneys at Herrmann Law (“Plaintiff’s Counsel”). If you join this lawsuit, you will be bound by any judgment of the Court, whether it is favorable or unfavorable. If Plaintiff wins or a settlement is reached, you may be entitled to a sum as part of the judgment or settlement. If this case not successful, you will receive nothing, but you will also not be responsible for any case costs, expenses, or attorneys’ fees.

What Happens if I Do Not Join This Lawsuit?

By doing nothing, you are choosing not to participate in this lawsuit, and you will not be represented by Plaintiff’s Counsel. If any money is awarded, you will not be entitled to money received as part of a judgment or settlement, and you will not be bound by the judgment in this lawsuit or by the terms of a settlement (if one is reached) whether favorable or unfavorable. If you do not join this lawsuit, your rights to sue McAdoo’s and/or La Cosecha separately at a future time, for the same or related claims, to the extent permitted by law will not be affected. However, if you choose not to join this lawsuit, the legal time limit for you to file a claim against McAdoo’s and/or La Cosecha will continue to run until your consent is filed with the Court or until you file your own lawsuit against McAdoo’s and/or La Cosecha.

How Do I Get More Information?

If you have questions or want more information about this lawsuit, including your legal rights, please contact the attorneys who are representing the servers and bartenders in this lawsuit:

Herrmann Law, PLLC
801 Cherry St. Suite 2365
Fort Worth, Texas 76102
817-479-9229 | Fax: (817) 840-5102
Drew N. Herrmann | Pamela G. Herrmann
drew@herrmannlaw.com | pamela@herrmannlaw.com