Surefire Management $850,000 Burgatory Tips Settlement

Individuals who worked as a server or bartender (i.e. a tipped employee) at a Burgatory restaurant in Pennsylvania between Feb. 7, 2022, and Feb. 7, 2025, may be eligible to claim a cash payment from a class action settlement.

Surefire Management LLC and related entities agreed to pay $850,000 to settle a class action lawsuit alleging violations of federal and Pennsylvania wage laws. The lawsuit claimed Burgatory failed to properly pay tipped workers by not meeting tip credit notice requirements and requiring side work at subminimum wage rates.

Who can file a claim?

The class includes those who:

• Worked as tipped employees (servers or bartenders) at any Burgatory restaurant Surefire Management LLC or related entities operated in Pennsylvania
• Were employed at any time between Feb. 7, 2022, and Feb. 7, 2025
• Had Surefire Management claim a tip credit for their hours worked

There are two groups within the settlement class:

• PA class: All former and current tipped employees who worked at any Burgatory restaurant during the class period and do not opt out. The settlement automatically includes this group unless they submit a request for exclusion.
• FLSA collective: All tipped employees who affirmatively opt in by submitting a claim form by the deadline.

How much can class members get?

The total settlement fund is $850,000. After deductions for attorneys’ fees and expenses, administrative costs and a service award to the lead plaintiff, the settlement administrator will distribute the net settlement to eligible class members.

The amount each eligible class member can receive depends on the number of hours class members worked as tipped employees during the class period and whether they join the PA class, FLSA collective or both. Each member’s payment is proportional to the total tip credit taken for their work hours.

Additional information

• For each eligible class member, the claims administrator will total the amount of tip credit Burgatory claimed for all work hours during the class period.
• The claims administrator will add up the individual damages for all class members to determine the estimated total damages amount.
• It will then divide the net settlement fund by the total damages amount to get a ratio.
• Each member’s payment is their individual damages multiplied by this ratio.
• Those who only remain in the PA class (do not submit a claim form) will receive 50% of their calculated settlement payment. Those who submit a claim form and do not opt out will receive 100% of their calculated settlement payment.

Each class member's settlement notice includes their estimated payment amount. Those who disagree with the hours listed may dispute them by submitting documentation.

How to claim a class action rebate

To receive a full settlement payment, class members must file a claim online or download, print, complete and mail the PDF claim form to the settlement administrator. The claim deadline is Dec. 14, 2025.

Settlement administrator’s mailing address: Burgatory Settlement, c/o RG/2 Claims Administration, P.O. Box 59479, Philadelphia, PA 19102-9479

Those who wish to dispute the number of hours worked should complete the dispute section on the claim form and provide supporting documentation, such as pay stubs.

Required information?

To file an online claim, class members must log in using the class member ID located on the notice they received.

Payout options

The settlement administrator will mail checks to the address on file or provided on the claim form. Recipients must cash their checks within 180 days of mailing.

$850,000 settlement fund breakdown

The $850,000 settlement fund covers:

• Settlement administration costs: To be determined
• Attorneys’ fees: Up to $283,333
• Attorneys’ expenses: $7,700 (estimated)
• Service award to lead plaintiff: Up to $7,500
• Payments to eligible class members: Remaining funds

Important dates

• Deadline to file a claim: Dec. 14, 2025
• Deadline to request exclusion: Dec. 14, 2025
• Fairness hearing: Jan. 20, 2026

When is the Burgatory settlement payout date?

The settlement administrator will issue payments approximately 16 business day after the settlement becomes final or the first business day following Jan. 1, 2026, whichever is later. 

Why is there a class action settlement?

The class action lawsuit alleged Surefire Management LLC and related entities failed to properly pay tipped employees by not meeting tip credit notice requirements and requiring side work at subminimum wage rates.

The defendants denied all allegations but agreed to settle to avoid further litigation costs and risks.

Sources

1. Claim form
2. Class notice
3. Settlement agreement