Frequently Asked Questions
- What is this lawsuit about?
- Who is included in the Settlement Class?
- Who represents the Settlement Class?
- What does the Settlement provide?
- Are there any non-monetary settlement benefits?
- How can I receive payment?
- How can I exclude myself from the Settlement?
- How do I object to the Settlement?
- What is the Settlement Hearing, and when is it?
- How do I know if my Claim Form has been received?
- How can I get another Claim Form?
- How can I get more information?
1. What is this lawsuit about?
The Action was filed by individuals who allege that McCormick & Schmick’s has discriminated against African Americans in its hiring, job assignment, and compensation practices. Plaintiffs brought their claims under Title VII, Section 1981 and California’s FEHA on behalf of themselves and classes of McCormick & Schmick’s African American employees. McCormick & Schmick’s denies Plaintiffs’ claims, and contends that it has hired African Americans in all positions in excess of availability in the workforce, and that it has paid African American employees on the same basis as it has paid all other employees. The Court has not made any findings regarding liability or damages, nor expressed any opinion on the merits of the case, nor is the proposed settlement an admission of any liability or damages.
2. Who is included in the Settlement Class?
If you are an African American who worked at McCormick & Schmick’s in an hourly position between May 15, 2002 and April 4, 2008, then you are a member of the African American Class.
You are deemed to have been employed by McCormick & Schmick’s if you were employed by a restaurant operated by McCormick & Schmick’s, including McCormick & Schmick’s restaurants that operate under different names, such as Jake’s Famous Crawfish, Jake’s Grill, McCormick & Kuleto’s Seafood Restaurant, M&S Grill, Spenger’s Fresh Fish Grotto, Heathman Restaurant, Jimmy’s on K-Street, or Restaurant K.
3. Who represents the Settlement Class?
The Court has approved and appointed a number of firms to represent all members of the Class. Class Counsel can be reached at the following telephone number: 1-866-854-4165. Class Counsel are:
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James M. Finberg Rebekah B. Evenson ALTSHULER BERZON LLP 177 Post Street, Suite 300 San Francisco, CA 94108 |
Kelly M. Dermody Jahan C. Sagafi LIEFF, CABRASER, HEIMANN & BERNSTEIN, LLP 275 Battery Street, 30th Floor San Francisco, CA 94111-3339 |
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Robert Rubin (SBN 085084) THE LAWYERS’ COMMITTEE FOR CIVIL 131 Steuart Street, Suite 400 San Francisco, CA 94105 |
Thomas A. Warren Loree Kovach THOMAS A. WARREN LAW OFFICES 2032 Thomasville Rd #D Tallahassee, FL 32308-0734 |
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Bill Lann Lee Vincent Cheng LEWIS, FEINBERG, LEE, RENAKER & JACKSON, P.C. 1300 Broadway, Suite 1800 Oakland, CA 94612 |
Eric Kingsley (SBN 185123) KINGSLEY & KINGSLEY 16133 Ventura Blvd., Suite 1200 Encino, CA 91436
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4. What does the Settlement provide?
$1.1 million will be paid to members of the Class who submit a timely and valid Claim Form. From this $1.1 million, Class Representative Juanita Wynne will receive an award of $5,000, to compensate her for her time involved in filing the lawsuit against McCormick & Schmick’s and in completing her deposition and responding to written discovery, and one half of the employer’s share of payroll taxes will be paid. The remainder of this fund will be distributed on a pro rata basis to eligible Class members (Class members who submit complete and timely Claim Forms) as follows: each eligible Class member will receive 1 point for each full pay period worked in any Front of the House position (server, bartender or host), and 3 points for each full pay period worked in any Back of the House position (all other hourly positions). The Claims Administrator will total the points applicable to all eligible claimants, determine each eligible claimant’s proportionate share of the total points, and allocate each eligible claimant’s proportionate share of the settlement. The plan of allocation takes into account the fact that those who served the longest in back of the house jobs have stronger potential claims and larger potential damages.
5. Are there any non-monetary settlement benefits?
McCormick & Schmick’s will agree to be bound by a Consent Decree for five years that will obligate it to implement a number of steps that modify the way it hires, promotes and trains its hourly employees. The overall objective of this Decree, which is a type of court order, is to ensure equal employment opportunities for African Americans who work for McCormick & Schmick’s. In order to do so, McCormick & Schmick’s has agreed to take many steps, including all of the following:
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Front of the House
Hiring and Promotion Benchmarks for African Americans
McCormick & Schmick’s has agreed to establish benchmarks for hiring or promoting African American employees into front of the house (server, bartender, host) positions at rates equal to African Americans’ representation in the applicant pool for that position, or African Americans’ representation in the relevant local labor market, whichever is higher.
McCormick & Schmick’s has agreed to allow a third-party Diversity Monitor to examine its payroll data to determine whether it is meeting the benchmarks, to determine whether any failure to meet a benchmark is justified, and to establish appropriate remedial measures.
If McCormick & Schmick’s meets all of its Company-wide benchmarks for three consecutive years, the Company may apply to the Court to terminate the Consent Decree at the end of the fourth year of the Decree.
New Recruiting Efforts Aimed at African Americans
McCormick & Schmick’s has agreed to hire a new Corporate Recruiter to assist in recruiting African Americans for front of the house and management positions.
McCormick & Schmick’s also will develop and use a list of recruiting sources and advertising media that reach African Americans.
Manager Accountability
McCormick & Schmick’s has agreed to evaluate restaurant managers in part on their success in helping the Company to achieve its diversity goals, and a meaningful portion of managers’ annual bonuses will be based on their performance in doing so.
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New Application Procedure for Promotion and Transfer
McCormick & Schmick’s has agreed to implement a “registration of interest” program, which will inform employees about openings at all Company restaurants in the metropolitan area and about how to apply for such positions.
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Procedures for Complaining About Race Discrimination
McCormick & Schmick’s has agreed to educate employees on the existing Ethics Point complaint system as a means by which employees may express concerns regarding any employment issue, including shift and section assignments, the Registration of Interest program, or other measures set out in the Consent Decree. McCormick & Schmick’s has also agreed to ensure that every complaint is fully investigated, and that every complaint investigation is documented.
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Monitoring and Enforcement of Decree
McCormick & Schmick’s has agreed to enable a third-party Diversity Monitor to monitor these policies and practices and to ensure compliance with all terms of the Consent Decree. The Diversity Monitor will review reports of complaints of discrimination by McCormick & Schmick’s employees, and will also receive and review other reports designed to ensure that McCormick & Schmick’s is following the provisions of the Consent Decree.
If you are a Class member, then you may be eligible to receive money from this settlement. You will only receive money if you submit a written Claim Form to the Claims Administrator, signed under oath, and postmarked no later than July 25, 2008. If you do not submit a Claim Form postmarked by July 25, 2008, then you will not receive any money from the settlement. However, even if you do not submit a Claim Form, you will still be bound by the settlement and release, unless you opt out, or exclude yourself, from the settlement.
You should review the information on the Claim Form carefully, and correct any information that is incorrect. Finally, sign and date the Claim Form, and mail it to the Claims Administrator, postmarked no later than July 25, 2008. You should keep a copy of your Claim Form, and proof of the date that you mailed it, for your records.
7. How can I exclude myself from the Settlement?
If you opt out of the Class, then you will not receive any money under this settlement, you will not be bound by the release in this lawsuit, and you will preserve the right to file your own lawsuit against McCormick & Schmick’s. If you start your own lawsuit against McCormick & Schmick’s after you exclude yourself, you will have to represent yourself or hire and pay your own lawyer for that lawsuit, and you will have to prove your claims. If you do exclude yourself so you can start or continue a lawsuit against McCormick & Schmick’s, you should talk to your own lawyer soon, because your claims may be subject to a time deadline (statute of limitations).
To ask to be excluded, you must send a request for exclusion that contains the following language:
“I understand that I am requesting to be excluded from the class monetary settlement and that I will receive no money from the settlement fund created under the Consent Decree entered into by McCormick & Schmick’s. I understand that if I am excluded from the class monetary settlement, I may bring a separate legal action seeking damages, but may receive nothing or less than what I would have received if I had filed a claim under the class monetary settlement procedure in this case. I also understand that I may not seek exclusion from the Class for injunctive relief and that I am bound by the injunctive provisions of the Consent Decree entered into by McCormick & Schmick’s.”
You must mail your request for exclusion postmarked no later than July 15, 2008 to:
Wynne v. McCormick & Schmick’s Claims Administrator
c/o Rosenthal & Company LLC
P.O. Box 6177
Novato, CA 94948-6177
8. How do I object to the Settlement?
You may submit any comments on, or objections to, the proposed settlement in writing. For any such written comments or objections to be considered, they must be postmarked by July 15, 2008 and mailed to:
Wynne v. McCormick & Schmick’s Claims Administrator
c/o Rosenthal & Company LLC, P.O. Box 6177, Novato, CA 94948-6177
Please do not send any comments directly to the Court or attempt to reach Judge Wilken in person. You may, however, review a copy of the Consent Decree at the Clerk’s Office at the Federal Courthouse at 1301 Clay Street, Oakland, California. Any person who has filed a written objection to the settlement may speak at the Final Fairness Hearing. Any attorney who seeks to represent you at the Final Fairness Hearing must file a Notice of Appearance with the Court and serve counsel for all parties.
9. What is the Settlement Hearing, and when is it?
Every class action settlement must be approved by the court that presided over the class-action lawsuit. Thus far, U.S. District Court Judge Claudia Wilken has only decided that the proposed settlement may be fair and, therefore, justifies the distribution of this Notice. In order to decide whether to give final approval to the proposed settlement, Judge Wilken will consider related papers and comments submitted by the parties or others and hold a hearing in open court. A Final Fairness Hearing will be held on August 7, 2008 at 2:00 P.M., in the Courtroom of Judge Claudia Wilken, U.S. District Court, Northern District of California, located at 1301 Clay Street, Oakland, California. You may, but are not required to, attend this hearing. You may also enter an appearance in the case through your own attorney, if you so desire.
10. How do I know if my Claim Form has been received?
After waiting seven to ten business days from the date you mailed your Claim Form, you may use this website’s interactive Claim Form Receipt Verification by clicking here. If, after seven to ten business days, the Claim Form Receipt Verification does not reflect receipt of your claim, you can call the Claims Administrator directly at 1-800-207-0343 to verify receipt of your claim.
11. How can I get another Claim Form?
If you wish to receive another copy of your Claim Form, please call the Claims Administrator at 1-800-207-0343 so that an agent may evaluate your request and verify your information.
12. How can I get more information?
If you have any questions concerning this settlement, or your options described in the Notice, or if you want to confirm receipt of your Claim Form, you may contact free of charge the Claims Administrator by:
- calling toll-free 1-800-207-0343,
- e-mailing the Claims Administrator at info@McCormickLawsuit.com,
- Reviewing the information contained on this website (www.mccormicklawsuit.com), or
- writing to the Claims Administrator at Wynne v. McCormick & Schmick’s Claims Administrator, c/o Rosenthal & Company LLC, P.O. Box 6177, Novato, CA 94948-6177
You may also call Class Counsel at 1-866-854-4165.
Please do not contact McCormick & Schmick’s Managers or H.R. Personnel with questions or concerns about the settlement.
PLEASE DO NOT CONTACT THE COURT.