The new owners of DeeJay’s BBQ Ribs and Grille issued this statement about the settlement:

“While DeeJay’s BBQ Ribs and Grille has recently changed ownership, we remain fully committed to the communities that we’re privileged to serve, to our valued customers and perhaps most importantly, to our dedicated team and staff. The previous ownership’s treatment of our staff was unacceptable. To move forward, our new ownership participated in a settlement brought by some employees at our Weirton location related to wage treatment policies by the previous owners. Our new ownership will continue to adhere to every law and regulation while prioritizing our employees and customers every step of the way.”

WEIRTON, W.Va. (WTRF) — A West Virginia restaurant recently settled a lawsuit for alleged wage violation.

A Weirton woman, Chasity Adkins, filed a lawsuit against Mt.Nebo Foods,LLC which is doing business as DeeJay’s BBQ Ribs and Grille in January of 2022.

Adkins filed against Dewey Guida, Michael McMullen, and James Irvine on the basis that servers were required to participate in an unlawful tip pool which included managers. The court ruled that Adkins’ claim falls under the Fair Labor Standards Act (FLSA), which makes it illegal for employees that do not customarily receive tips to participate in a tip pool, thus making the employer’s illegal use of the tip credit a wage violation.

In July, the court granted Adkins’ motion for conditional certification of the putative class of 37 members. FLSA Collective Action Class is defined as: All servers who worked for the restaurant doing business as “DeeJay’s BBQ Ribs and Grille” who were or are currently employed at any time from January 7, 2019, through the final deposition of this matter.

In November the parties agreed resolve this matter for the amount of $665,000.00.

On December 15 the settlement was approved by Judge John P. Bailey