ORDER GRANTING CONDITIONAL CERTIFICATION UNDER THE FLSA

R. BRYAN HARWELL, District Judge.

This matter comes before the Court on the parties' Consent Order for Conditional Certification and to Authorize Notice to Putative Class Members in connection with Counts I and II of Plaintiff's Complaint (ECF 1) arising under the Fair Labor Standards Act ("FLSA"), 29 U.S.C. § 216(b).

The parties have consented to conditional certification of the FLSA collective action and to issuance of notice in the form attached to this Order.

The Court, therefore, Orders as follows:

1. This action will be conditionally certified as a collective action under 29 U.S.C. § 216(b).

2. The class shall be defined as: "All current and former employees of Rooster's Restaurant Bar and Grill (Rooster's) at any time from June 13, 2014 to August 31, 20141 who were paid a direct, or hourly, rate less than the statutory minimum wage of seven and 25/100 ($7.25) per hour and were required either to remit a portion of their tips into a tip pool or received funds from a tip pool."

3. The Notice and Consent ("Notice") attached to this Order as Exhibit 1 is appropriate to provide notice to the potential members of the class, via U.S. Mail and for allowing potential members of the class to opt-in, or join, the class. The mailing envelope shall have a return address as follows:

Enclosed, with the Notice, there will be a self-addressed, postage-paid envelope using the name and mailing address of Plaintiffs' counsel for both the address and return address.

4. The Email Notice, Exhibit 2, is appropriate for sending Notice to potential class members via email. The subject line of the email shall read: Rooster's Restaurant Bar and Grill Lawsuit — Please Read.

5. The Text Message Notice Via Cell Phone, Exhibit 3, is appropriate for sending Notice to potential class members via text message.

6. Notice shall be authorized to potential putative class members for a forty-five (45) day period of time. Putative class members will have forty-five (45) days from the date of the Notice to return their Consent form. Timeliness will be determined based upon the date that the Consent is post-marked.

7. The parties shall use the service of Third Party Administrator ("TPA"), Simpluris, Inc., to handle distribution of Notice and Consent. Defendants shall pay all fees and costs of TPA.

8. Within three (3) calendar days of the entry of this Order, Defendants shall provide, in electronic format, if available, the TPA, for all putative members of the putative class, the following information:

9. The TPA shall, within five (5) calendar days of the entry of this Order:

10. If the Notice and Consent are returned as undeliverable, via U.S. Mail only, for any putative class member, the TPA will send the Text Message Via Cell Phone, Exhibit 3, to all telephone numbers, as outlined above, for that putative class member.

11. Within ten (10) days of the close of the Notice Period, Counsel for the Defendants will provide Counsel for the Plaintiffs with all information provided to Simpluris for each opt-in Plaintiff.

12. If the TPA receives any completed Consents, the TPA shall, within twenty-four (24) hours of receiving the Consent, email a copy of each to counsel for Plaintiffs to be filed with the Court. The TPA shall also, within five (5) calendar days, mail the original consent to counsel for Plaintiffs.

13. Within sixty-five (65) days of the entry of this Order, the TPA shall send the identical report to counsel for the parties, showing all activity of the TPA in this action, redacting the names and contact information of all putative class members who did not opt-in to the lawsuit. This shall include a redacted list of all putative class members and whether the TPA mailed, emailed, and sent a text message, along with indications of which of these methods, if any, were unsuccessful. This report shall also include any telephone calls received from any putative class member, along with what subsequent action, if any the TPA took.

IT IS SO ORDERED.

NOTICE OF COLLECTIVE (CLASS) ACTION LAWSUIT

IF YOU WERE AN EMPLOYEE AT ROOSTER'S RESTAURANT BAR AND GRILL AT ANY TIME BETWEEN JUNE 13, 2014 AND AUGUST 31, 2014, WHO AT ANY TIME WAS PAID A DIRECT OR HOURLY RATE LESS THAN THE STATUTORY MINIMUM WAGE OF SEVEN AND 25/100 DOLLARS ($7.25) PER HOUR AND WERE REQUIRED TO REMIT A PORTION OF YOUR TIPS INTO THE TIP POOL OR RECEIVED A PORTION OF YOUR PAY FROM THE TIP POOL, PLEASE READ THIS ENTIRE NOTICE.

This notice contains information that affects your rights. Please read it carefully. If you decide to join this lawsuit, you must take action within forty-five (45) days.

The purpose of this Notice is to advise you of a Collective, or Class Action, lawsuit that has been filed by Dan Weaver ("Plaintiff") against Label Hospitality Group, LLC d/b/a Rooster's Restaurant Bar and Grill ("Rooster's") and Erez Sukarchi ("Sukarchi"), individually (Rooster's and Sukarchi, collectively "Defendants"). The notice is to advise you of your legal rights in connection with the lawsuit, and to instruct you about the procedure for joining this lawsuit, if you so desire. This is a court-authorized notice being sent by a Third-Party Administrator. This is not a solicitation from a lawyer.

Plaintiff has sued Rooster's in federal court in Florence, South Carolina, claiming that Rooster's violated the Fair Labor Standards Act by maintaining an improper tip pool by requiring employees to remit a portion of their tips into the tip pool to be redistributed to "back of the house" employees and by charging breakage. Defendants deny these claims. The Court has not taken any position in this lawsuit regarding the merits of Plaintiffs' claims or Rooster's defenses. The Court has determined that a Notice should be sent to all similarly situated current and former employees so that they may be permitted to join this lawsuit to assert their legal rights.

Your legal rights and options if you:

A. Complete & Return a Consent Form Within 45 Days: If you choose to join this lawsuit, you maintain the possibility of receiving money or benefits that may come from a settlement or trial. You will be bound by any ruling, settlement, or result. If you wish to join this lawsuit, you must complete the enclosed Consent to Join Lawsuit Form; you should return it as soon as possible, but no later than TBD.

B. Do Nothing: By doing nothing, you will not be included in this lawsuit; you will not be bound by the outcome of this lawsuit; and you retain your legal rights to bring your own lawsuit. This means that you give up the possibility of receiving money that may come from a settlement or trial in this lawsuit. The limitations period on your claim continues to run. Each day that you take no action to protect your claims, your claim may diminish.

1. Why did I receive this notice?

You are receiving this notice because Rooster's records show that you were an employee at Rooster's between June 13, 2014 to August 31, 2014, were paid a direct or hourly rate less than the statutory minimum wage of $7.25, and either were required to remit a portion of your tips into the tip pool, or received a portion of your pay from the tip pool.

2. What damages is the lawsuit seeking?

The lawsuit is seeking to recover unpaid minimum wages; overtime pay; return of the tips that were taken by Rooster's; "liquidated damages" (doubles all of these amounts); and attorney's fees and costs.

3. Do I have a lawyer representing me in this lawsuit?

The Court has approved the following lawyer to serve as counsel to the Plaintiff class:

If you wish, you may choose to be represented by Plaintiffs' lawyer in this case. You will not be required to pay any fee for services provided by Bruce Miller, but you may have to pay a portion of your recovery to Bruce Miller. You also have the right to consult with a lawyer of your own choosing about this matter, and if you wish to be represented by counsel other than Plaintiffs' lawyer, you may retain another lawyer. You will be responsible for paying that lawyer and that lawyer must notify the Court of his/her representation.

4. How will the lawyer be paid?

Plaintiffs' lawyer will be paid on a contingency fee basis, which means that if there is a recovery, plaintiffs' lawyer will receive a part of any settlement obtained or money judgment entered in favor of all members of the Class. Plaintiffs' lawyer may also apply to the Court to request that Defendants pay fees to Plaintiffs' lawyer. The Court will have to approve the amount of fees paid to Plaintiffs' lawyer. If there is no recovery, you will owe no fees or costs.

5. How do I join this lawsuit?

Enclosed is a form called "Consent to Join Lawsuit." If you wish to join this lawsuit, you must sign and return the enclosed Consent to Join Lawsuit Form by TBD. An addressed and postage paid envelope is enclosed for your convenience. Should the enclosed envelope be lost or misplaced, your Consent Form must be emailed, mailed, or delivered to the lawyer for Plaintiff Class identified below:

6. Can my current employer retaliate or fire me if I join the lawsuit?

No. It is a violation of federal law for Rooster's, or any other employer, to fire, discipline, or in any manner discriminate or retaliate against you for joining this lawsuit.

7. This notice has been authorized by the Court.

This notice and its contents have been authorized by District Court Judge R. Bryan Harwell of the U.S. District Court, District of South Carolina. The Court has not yet ruled on whether Plaintiffs' claims or Roosters' defenses have any merit.

DO NOT CONTACT JUDGE HARWELL OR OTHER COURT PERSONNEL. THE COURT MUST REMAIN IMPARTIAL AND CANNOT MAKE ANY COMMENT ON YOUR RIGHTS OTHER THAN AS SET FORTH IN THIS NOTICE.

REMEMBER: If you want to be included in this lawsuit, you must complete & return the Consent to Join Lawsuit Form no later than TBD.

If you have questions about your legal rights or this lawsuit, or if you need another copy of the Consent Form, you may contact Plaintiffs' lawyer in No. 3 & 5 above. Telephone calls will be received during business hours and confidential voice mail is available 24 hours per day.

CONSENT TO JOIN LAWSUIT (Pursuant to 29 U.S.C. § 216(b))

Please type or print in ink the following:

1. Name:___________________________________________________________________

2. Address*:____________________________________________________ ________________________________________________________________________________

3. CellPhone*:__________________________________________________

4. Email*:______________________________________________________

5. Date Employment Began*:________________ Date Employment Ended*:___________

6. Position(s)Worked*:__________________________________________

7. I consent and agree to pursue claims arising out of my employment at Rooster's with this lawsuit. I hereby authorize Plaintiffs' lawyer to file this Consent with the Clerk of Court and to represent me for all purposes in this action.

8. I also designate the collective action Representative(s) as my agent(s) to make decisions on my behalf concerning the litigation, including the method and manner of conducting the litigation, entering into settlement agreements, the entering of an agreement with Plaintiffs' lawyer concerning attorney's fees and costs, and all other matters pertaining to this lawsuit.

*This contact information is for your attorney. It will be redacted when filed with the court.