NOTICE OF CLASS AND COLLECTIVE ACTION SETTLEMENT
YOU ARE NOT BEING SUED
A FEDERAL COURT AUTHORIZED THIS NOTICE. THIS IS NOT A SOLICITATION FROM A LAWYER.
CASE NAME AND DOCKET NUMBER: TIFANI DIAMOND V. SUREFIRE MANAGEMENT, LLC, ET AL. DOCKET NO.: 2:25-CV-00190-PLD
PLEASE READ THIS NOTICE CAREFULLY, AS THE PROPOSED SETTLEMENT DESCRIBED HEREIN AFFECTS YOUR LEGAL RIGHTS RESULTING FROM YOUR EMPLOYMENT WITH SUREFIRE MANAGEMENT, LLC, et al., AT ONE OR MORE OF THE BURGATORY RESTAURANTS.
IF YOU WISH TO PARTICIPATE FULLY IN THE SETTLEMENT, EXCLUDE YOURSELF FROM THE SETTLEMENT, COMMENT IN FAVOR OF THE SETTLEMENT, OR OBJECT TO THE SETTLEMENT YOU MUST FOLLOW THE DIRECTIONS PROVIDED IN THIS NOTICE.
Please be advised that the NOTICE OF CLASS AND COLLECTIVE ACTION SETTLEMENT, Claim Form, Consent to Join and Release sent to the Class provided the total number of weeks worked during the Class Period for each class members. You should receive an updated corrected notice with the appropriate total Work Hours for each Class Member during the Class Period.
This matter began with Plaintiff Tifani Diamond (“Diamond” or “Plaintiff”) filing suit against the owners of Burgatory Restaurants, Surefire Management, LLC and certain related entities and individuals (collectively, “Defendants”) alleging violations of the Fair Labor Standards Act (“FLSA”), 29 U.S.C. §§ 201, et seq., the Pennsylvania Minimum Wage Act (“PMWA”), 43 P.S. §§ 333.101, et seq., and the Pennsylvania Wage Payment Collection Law (“WPCL”), 43 P.S. §§ 260.1, et seq. The Lawsuit involves the claims of Plaintiff Diamond and other Tipped Employees – defined as any individual employed by Defendants during the Class Period at any of the Restaurants where Defendants attempted to claim a “tip credit” for that employee pursuant to Section 203(m) of the FLSA. Such employees include bartenders and servers. Combined, the Plaintiff represents two classes of individuals: (i) Tipped Employees that opt-in to the FLSA collective action and (ii) Tipped Employees who do not opt-out of the Pennsylvania class action. The Class Period is defined as between February 7, 2022 through February 7, 2025.
According to Defendants’ records, you were a Tipped Employee and worked one or more days at an applicable Burgatory Restaurant during the Class Period. Plaintiff alleges that Defendants failed to properly pay Tipped Employees by, among other things, failing to satisfy the notice requirements of the tip credit provisions in federal and state law; and requiring Tipped Employees to perform untipped side work without paying them the full minimum wage for such hours worked. For example, Plaintiff alleges that Defendants unlawfully paid her $2.83 per hour and took a tip credit of $4.42 per hour when she and other Tipped Employees like her were cleaning or performing prep work or opening or closing work. Defendants deny Plaintiff’s allegations in their entirety and assert that at all relevant times, they paid their Tipped Employees properly and that they provided proper notice of the tip credit.
The Lawsuit was filed as a class and collective action. In a class action, one or more people called “class representatives” (here, Plaintiff Diamond) sue on behalf of people who allegedly have similar claims. This group is called a “class” and the persons included are called “class members.” One court resolves the issues for all of the class members. If you do not wish to be part of the PA Class, you may exclude yourself from the PA Class.
Collectively, Plaintiff is serving as class representative for two groups of individuals (set forth below) of Tipped Employees who worked at one or more of Defendants’ Burgatory Restaurants in Pennsylvania during the applicable Class Period, February 7, 2022 through February 7, 2025. To date, the Court has certified, pursuant to Fed.R.Civ.P.23(a) and (b)(3), the following class for settlement purposes only:
All former and current Tipped Employees of Defendants who worked in any one or more of Defendants’ Restaurants at any time during the Class Period who has not filed a Request for Exclusion prior to the Bar Date.
Individuals who meet the above definition will automatically become part of the Pennsylvania class if the individual does not timely request exclusion from the class (“PA Class”).
In addition, the following FLSA collective action has been conditionally certified, pursuant to 29 U.S.C. § 216(b), for settlement purposes only by the Court:
Plaintiff and all Tipped Employees who affirmatively opt-into this Action pursuant to Section 216(b) of the FLSA by submitting a Claim Form to the Claims Administrator prior to the Bar Date.
Individuals who meet the above definition and submit the Claim Form (the Green Form) attached to this Notice will become part of the collective (“FLSA Collective”).
The PA Class and FLSA Collective are collectively referred to herein as the “Settlement Class.”
Important Dates for Class Members:
Submit a Claim: |
December 14, 2025 |
Request Exclusion: |
December 14, 2025 |
Object to the Settlement: |
December 14, 2025 |
Fairness Hear: |
January 20, 2026, at 9:30 a.m. |