On March 7, 2023, Gabriel Wittes, along with the United Food and Commercial Workers Union, Local 400 (together with Gabriel Wittes, the “Plaintiffs”), sued Defendants, alleging that employees of Union Kitchen LLC and Cullen Gilchrist were paid less than they should have been paid. Specifically, Mr. Wittes claims that he was not paid the tips he was owed while working at Union Kitchen LLC.

The lawsuit seeks to recover what Plaintiffs believe employees of Defendants should have been paid, plus liquidated damages, attorneys’ fees, and court costs.

This suit is brought collectively on behalf of all similarly situated employees. This case may be joined by persons who received tips and were employed by Union Kitchen prior to February 14, 2022, and who were not timely paid all of their lawfully owed tips.

If you have received the notice in the mail, you have been identified as a person who may be entitled to join this lawsuit. Enclosed in the notice packet you received, you will find a Consent to Participate in Collective Action form and an envelope addressed to the Claims Administrator. To join this lawsuit, you must complete and sign the Consent to Join Suit form, and send it by fax, email, online or by U.S. mail to:

Wittes v. Union Kitchen LLC
c/o Analytics Consulting LLC
P.O. Box 2006
Chanhassen, MN 55317-2006
Fax: (952) 404-5750
Email: info@UnionKitchenTipLawsuit.com
Online: https://www.collectiveaction.io/Union

The form should be received by December 16, 2023. If you do not return the Consent to Join Suit form in time for Mr. Wittes’ counsel to file it with the Court by the above deadline, you may not be able to participate in this lawsuit.

Whether or not you join this suit, your claim is subject to certain statutes of limitations and you may lose your right to possibly recover money if you do not file suit promptly. Whether or not you join, you have a right to retain your own counsel regarding these matters.

If you decide to join this lawsuit, and remain as a party in it, you will be bound by any judgment entered by the Court. You may therefore be entitled to a portion of the money that the Court may award if the plaintiffs prevail. While this lawsuit is proceeding, with the assistance of counsel, you may have to answer written questions under oath or give sworn testimony. By joining this lawsuit, you designate Mr. Wittes as your agent to make decisions on your behalf concerning all matters pertaining to this lawsuit. Unless you timely indicate to counsel for Mr. Wittes that you no longer wish Mr. Wittes to represent your interests, you will be bound to decisions and agreements made by Mr. Wittes, including agreements with Mr. Wittes’ counsel regarding attorneys’ fees and costs.

This lawsuit is being brought without prepayment of costs or attorneys’ fees. If the plaintiffs are successful, costs expended and fees incurred by counsel on their behalf will be deducted from the settlement or judgment first or paid separately by Defendants. IF THIS LAWSUIT IS NOT SUCCESSFUL, YOU WILL NOT BE RESPONSIBLE FOR PAYING ANY ATTORNEYS’ FEES.

If you choose not to join this lawsuit, you need not do anything. If you do not join, you will not be affected by any judgment or settlement rendered in this lawsuit.

If you have any questions about this lawsuit, do not contact the court.

If you have questions, Matthew Handley, one of the attorneys for the Plaintiffs, may be contacted by calling (202) 559-2411 or by emailing mhandley@hfajustice.com. To communicate in Spanish, you may contact Flor de Lis Siria, a paralegal who works with Matthew Handley, at (202) 559-2411 or fsiria@hfajustice.com.