550 North Brand Blvd., Suite 1500
Glendale, California 91203
(818-547-5200) | (626-795-0205)

EMAIL: tom@falveylaw.com

Pursell v. Pacific Wings, LLC and Buffalo Wild Wings - Class Action Lawsuit

Update, June, 2017

By now, those individuals employed by Pacific Wings in its restaurants located in Palmdale, Burbank, West Covina, Canyon Country, Bakersfield and Glendale, California since September, 2009 should have received their payments relating to the settlement of this case.

Please note: Our office DOES NOT know who the class members are unless they contact us and it’s been verified by Pacific Wings.  So if you are a member of the class, or feel you should be, and did not receive payment by the beginning of June 2017, please contact CPT Group, the third party administrator (“TPA”) handling the payments, to ask about your situation.  

The TPA is in charge of making sure the payments go out.  So if you moved, you may not have gotten a check.  Or it might have been lost.  Or it might have been mis-delivered.  Whatever the case, if you feel you should have gotten a check, contact the CPT immediately. Otherwise you may not be able to receive any payment that might be due you.  The special line CPT set up for this case is 844-498-2662.

Thanks again for helping us bring this case to this point.  If you have any questions about that case, or any other case involving unpaid wages or missed meal or rest breaks, etc., please feel free to contact us by either mailing tom@falveylaw.com, or calling us at 818-547-5200.

Update February 10, 2017 - Motion for Final Approval of Class Action Settlement Granted

Great News Takes Wings!!!! Our class action brought on behalf of employees employed by Pacific Wings in its restaurants in Palmdale, Burbank, West Covina, Canyon Country, Bakersfield and Glendale, California was granted final approval on February 10, 2017.  This case applies to people  who worked at any of these restaurants from September 20, 2009 until September 13, 2016. A copy of the Order and Judgment signed by the court is attached.  You can view it here.

We are grateful to all of those of you who called and emailed us and helped us prepare our case. Our being able to talk with many of you really helped us achieve a very good result.  You can almost taste the great flavor of this result, can’t you?  You could almost say it’s lip-smackin’ good.

It’s always a pleasure when we can report this outcome and we’re glad we were able to obtain this result after more than five years’ time, i.e., since it was filed in September, 2013, almost three and a half years ago!

To all of those of you who helped us reach the class members, to all of you who set the table, we appreciate all of your efforts and assistance.  It was thanks to your saving and providing us with schedules, timesheets, earnings statements and many other documents that helped us prove our case to the court. You were Blazin' hot.

If you have any questions or comments, whether on this case or any other matter, and whether in relation to Pacific Wings or elsewhere, please don't hesitate to contact us, whether or not you are still working for one of those restaurants.

Thanks again. Feel free to call 818-547-5200 or email us (tom@falveylaw.com) at any time if you have any questions, comments or suggestions about this or any other case or matter.

UPDATE December 23, 2016 - Notices Have Been Mailed Out - Did You Get Yours?

Notices in regard to the settlement of this matter were mailed to over 1,000 potential class members approximately one month ago, on November 21, 2016.

This happens.  People move.  Maybe you moved.  Maybe more than once in the past five years.  If you stopped working there, Buffalo Wings may not have your current address.

So if you believe you should have gotten Notice of the proposed settlement and you haven’t gotten it thus far, you must act to protect your rights.  We strongly recommend you immediately contact Taylor Mitzner, the Case Manager for this matter, at   844-498-2662.

Here’s why.  If you didn’t get the Notice and this settlement is approved, checks will be sent out to class members.  If, because Buffalo Wild Wings didn’t have a current address for you so you didn’t get the notice, you may not get a check - even if you’re entitled to it.

So it's up to you.  If you think you might be a member of this class, YOU must act.  Because, by the terms of the settlement, we don't even yet know your name.

Have any questions about this?  Either call us at 818-547-5200 or email us at tom@falveylaw.com.  

Similarly, if you have any comments or thoughts about your employment, we’d be glad to hear from you.

Thanks very much.

UPDATE September 20, 2016 - Preliminary Approval of Settlement Granted in Pacific Wings Case

After a long period of negotiations, we’re pleased to announce that the Los Angeles Superior Court recently granted our Motion for Preliminary Approval of our settlement in our class action brought against Pacific Wings on behalf of  servers, waiters and waitresses who worked in California during roughly the past 7 years.  A copy of the court’s order is attached hereto.

CPT Group, the third party administrator for this case, will be mailing out notices to all known class members on or about October 27, 2016.  If you believe you are part of the class you should receive such a notice.  Pacific Wings may not have your current address, and thus the administrator might not mail it to where you live.  

If you do not receive such a notice within two weeks of that date, i.e., the second week of November, 2016, we strongly recommend you immediately contact CPT at

Taylor Mitzner
Case Manager I
toll-free number:   844-498-2662
Irvine Headquarters: 16630 Aston, Irvine, California 92606

We are very grateful for your patience in our endeavor to continue to see this case to conclusion.  If all goes well, final approval should take place early next year.  

If you have any questions about your current or former employment at Pacific Wings, or for any other reason, please call us at 818-547-5200 or email us at tom@falveylaw.com.

Questions about your employment with Pacific Wings

If you worked at Pacific Wings in Southern California since March, 2009 (during the last six years):

  • Did Pacific Wings ever deduct what you were owed by the tips you took in?
  • Did Pacific Wings ever put down on time cards that you had taken a break when that hadn’t happened? Were you ever forced to miss meal or rest breaks because there was too much work - too many customers?
  • Did you ever work off the clock, for example, before your shift began or after it ended?
  • Did you ever complain about any of these things? What happened as a result of your complaint?

If you had any complaints about your employment with Pacific Wings, we'd very much appreciate your calling us.

Plaintiff's Allegations

A proposed class-action lawsuit has been filed by Adaire Pursell ("Plaintiff") against Buffalo Wild Wings International, Inc., Pacific Wings, LLC, and Buffalo Wild Wings (hereafter referred to as “Wild Wings” or “Defendants”), on behalf of individuals who were employed by Defendants in California as servers, waiters and waitresses during the four years preceding the filing of the lawsuit on September 20, 2013.

The case was filed in Los Angeles County Superior Court, as Case No. BC 522083 (a copy of the complaint is attached). In this lawsuit, filed on behalf of herself and all others who worked for Defendants, Plaintiff Pursell contends that Wild Wings did not comply with California law for payment of wages and providing meal and rest breaks.  If successful, a class action allows former and current employees to receive back wages that are owed to them.

The court has not yet ruled on any of Plaintiff's allegations or determined whether the case is appropriate for class action status.

If you worked for Wilds Wings as a server, waitress or waiter in California at any time since September 20, 2009, we would like to speak with you.  You might be able to assist us in terms of schedules, timekeeping, taking breaks, and accuracy of wage statements.

Please contact us by either calling our office at 626.795.0205, by mailing us at 550 North Brand Blvd., Suite 1500, Glendale, California 91203. You can also email us at tom@falveylaw.com.

Case Documents

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ADDRESS: 550 North Brand Blvd., Suite 1500, Glendale, California 91203 | P: 818-547-5200 or 626-795-0205
EMAIL: tom@falveylaw.com