New Orleans, LA - (504) 509-5023
*** THIS IS A COURT ORDERED NOTICE ***
*** THIS IS NOT AN ADVERTISEMENT FROM A LAWYER ***
IMPORTANT NOTICE TO CURRENT AND FORMER EMPLOYEES OF BANANA BLOSSOM THAI CAFÉ, LLC
TO: All employees who are or were employed by Banana Blossom Thai Café, LLC at any point from June 30, 2022 to present, who:
(a) Worked more than forty hours in at least one workweek and were subject to Banana Blossom Thai Café LLC’s blanket practice and/or policy of not paying overtime wages to employees working more than forty (40) hour per week; and/or
(b) Were subject to a tip credit being taken by Banana Blossom Thai Café, LLC.
RE: The right of current and former employees employed by Banana Blossom Thai Café, LLC to join an Action seeking recovery of unpaid wages.
DEADLINE TO RETURN FORM: (within 30 days of Notice) is [DATE].
________________________________________________________________
1. WHY ARE YOU GETTING THIS NOTICE?
You received this Notice because the Court in charge of this lawsuit has ordered this Notice to be sent to persons who are identified by Banana Blossom’s records as current and/or former employees who were subject to the pay practices of Banana Blossom. This Court has allowed or “certified” a collective action that may affect you.
This is NOT a class action. Obtaining any wages owed to you through this Action requires your consent.
This Notice is intended to inform you of how your rights may be affected by this Action and instruct you on the procedure for participating, should you decide to do so.
2. WHAT IS THIS LAWSUIT ABOUT?
Former employees Connor Pulliam, Eric Truong, Majella Villaeba, Katherine Templeton, Assata Simpson, and Pakanan Tonsakul’s (collectively, “Named Plaintiffs”) filed this lawsuit on behalf of themselves and other current and former employees of Banana Blossom Thai Café, LLC, alleging they are owed overtime pay and other unpaid wages resulting from Banana Blossom’s practice of illegally deducting credit card fees from employees’ tip and illegal tip pooling, and liquidated damages under the Fair Labor Standards Act (“FLSA”). Plaintiffs further allege that Defendants retaliated against them. The lawsuit also claims several other state labor law violations and causes of action.
Defendants dispute the amount of damages owed. Plaintiffs’ case asserts that Defendants either had knowledge or operated with reckless disregard of the law, and therefore were willful, of their improper employment pay practices. The Court has not yet decided these issues.
This Action seeks properly calculated unpaid wages, properly calculated overtime wages, liquidated damages, pre-judgment/post-judgment interest, compensatory and punitive damages, penalties other costs.
The Court granted Plaintiffs’ Motion to allow this matter to proceed as a “Collective Action,” meaning the above-named Plaintiffs may proceed in a representative capacity on behalf of all other similarly situated employees of Banana Blossom. You will not receive back wages from this Action unless, and until, you “opt-in” in accordance with this Notice and procedures fixed by the Court.
3. WHAT ARE YOUR OPTIONS?
If you want to claim owed wages in this case, you must return the Consent Form. You may return the Consent Form in one of two ways:
1. Fill out the attached Notice of Consent form and mail it to Plaintiffs’ attorneys in the enclosed envelope; or
2. Sign the Notice of Consent form electronically* by going to this secure site: https://mostandassociates.com/bananablossomconsent
*If you sign electronically, your form will automatically be delivered via email to the law firm representing Named Plaintiffs.
If you submit a Notice of Consent under either method, you will be part of this case and will be represented by Named Plaintiffs’ attorneys. Therefore, if Named Plaintiffs win the case, you may receive additional monies from Banana Blossom. If Named Plaintiffs lose, you will receive nothing, but you will not have to pay anything either. If you want to make a claim for owed wages, you must submit your Notice of Consent by the “DEADLINE TO RETURN FORM.”
Because of the statute of limitations (prescriptive period), certain employees who do not join this litigation or file their own separate claims may lose their rights to recover owed wages. If you do not wish to take part, you do not need to do anything. The decision to join is entirely yours.
If you have questions about this Notice, or the wage claims, you may contact Named Plaintiffs’ attorneys identified below. You may withdraw from the case any time you desire to do so even if you send back a Notice of Consent form.
4. BANANA BLOSSOM CANNOT RETALIATE AGAINST YOU, FIRE YOU, OR TAKE ANY ADVERSE ACTION AGAINST YOU, IN ANY WAY, FOR JOINING THIS LAWSUIT.
Many employees fear being terminated for seeking what they are owed. However, federal law prohibits Banana Blossom and its representatives from firing or discriminating against you in any way should you join this case. No current or former employee who exercises their right to join this case may be terminated or otherwise retaliated against for joining this Action. If you suspect any retaliation, contact Named Plaintiffs’ attorneys identified below immediately.
5. FURTHER INFORMATION AND LEGAL REPRESENTATION
Plaintiffs’ Complaint, Defendants’ Answer, and other information is available at https://mostandassociates.com/bananablossomconsent. In addition, you may obtain a copy by contacting Plaintiffs’ counsel who will forward a copy to you. If you have any questions about this Notice, the lawsuit, or the procedure for joining the lawsuit you may contact the office of Plaintiffs’ counsel at:
KENNETH C. BORDES, ABIGAIL FLORESCA
KENNETH C. BORDES, ATTORNEY AT LAW, LLC
4224 CANAL ST., NEW ORLEANS, LA 70119
P: 504-588-2700, F: 504-708-1717
WILLIAM MOST (LA. BAR NO. 36914), HOPE PHELPS (LA. BAR NO. 37259)
MOST & ASSOCIATES,
201 St. Charles Ave., SUITE 2500 #9685
NEW ORLEANS, LA 70170
(504) 509-5023
If you choose to join through this process, you will be represented by the above representatives.
THIS NOTICE AND ITS CONTENTS HAVE BEEN AUTHORIZED BY THE HONORABLE NANNETE JOLIVETTE BROWN, UNITED STATES DISTRICT JUDGE FOR THE EASTERN DISTRICT OF LOUISIANA.
PLEASE DO NOT CONTACT THE COURT, THE COURT'S CLERK, OR THE JUDGE. THEY ARE NOT PERMITTED TO ADDRESS YOUR INQUIRIES OR QUESTIONS.