US

United States District Court Western District of Oklahoma Oklahoma City Division

Abigail G. Zimmerman, et al., Plaintiffs, v. Provision Concepts, LLC, Defendant.
Case No. 5:25-cv-467-PRW
Judge Patrick W. Wyrick
Collective Action
Pursuant to 29 U.S.C. § 216(b)

Notice of Collective Action Lawsuit

To

All Current and Former Non-Exempt Employees Employed by Provision Concepts, LLC as Servers and/or Bartenders at any Sidecar Concept Location at Any Time from April 25, 2022, Through the Close of the Opt-in Period.

Regarding

Unpaid Wages Lawsuit Against Provision Concepts, LLC

Deadline to File Consent Form
March 30, 2026
1
Why Are You Getting This Notice?

You received this Notice because the Court in charge of this lawsuit has authorized this Notice be sent to persons who are identified by Provision Concepts, LLC ("Defendant's" or "Provision Concept's") records as a current or former server and/or bartender (together, "Plaintiffs") who worked for Provision Concepts, LLC at any time since April 25, 2022 at any of Defendant's Sidecar concept locations.

The Court in this case has "conditionally certified" a collective action lawsuit that may affect you. This notice is intended to advise you of how your rights under the Fair Labor Standards Act ("FLSA") may be affected by this lawsuit and describe how to participate in this lawsuit.

2
What Is This Lawsuit About?

Abigail Zimmerman and Hector Sarmiento filed this lawsuit on behalf of themselves and all other current and former servers and bartenders ("Plaintiffs") who worked for Provision Concepts alleging that Provision Concepts required them to share tips with management and other back-of-house employees while utilizing a tip credit, and as a result, failed to pay them the requisite minimum wage.

In addition to minimum wages, Plaintiffs are seeking liquidated (double) damages equal to the unpaid wages, as well as attorneys' fees and costs.

Provision Concepts denies Plaintiffs' allegations. Provision Concepts contends that Plaintiffs and all servers and bartenders have been, and continue to be, properly paid under the FLSA.

The Court has not decided who is right but has authorized this notice to inform you of your right to join this lawsuit.

3
Are You Eligible to Join This Lawsuit?

You are eligible to join this lawsuit if you were employed by Provision Concepts as a server and/or bartender at any of Provision Concept's Sidecar locations at any time since April 25, 2022.

4
What Are Your Options?

If you meet the criteria for this lawsuit, you have a choice to assert your legal rights in this case if you desire to do so. However, you are not required to do so and may choose to take no action without consequence to you.

If you want to become a party to this case, you must read, sign, and return the attached Consent to Join Wage Claim form by March 30, 2026.

5
Effect of Joining or Not Joining the Lawsuit

If you submit a Consent to Join Wage Claim form, you will be part of the case. Therefore, if the Plaintiffs who filed this case win or settle the case, you may receive additional money from Provision Concepts.

If the Plaintiffs who filed this case lose the case, you will receive nothing and will be bound by the decision.

If you do not wish to be a part of the lawsuit, you do not need to do anything. The decision to join is entirely yours. If you choose not to be a part of the lawsuit, you will not be affected by any settlement or judgment reached in this case.

6
Provision Concepts Cannot and Will Not Fire You for Joining

Many employees fear being terminated for making a wage claim. However, federal law prohibits Provision Concepts from firing or in any other manner discriminating against you because you join this case. This means Provision Concepts, or any other employer, is prohibited from firing you, demoting you, or cutting your pay because you participated in this case.

However, your participation in this case will not make you immune from Provision Concepts taking an adverse action regarding your employment if you violate their policies or procedures or otherwise fail to meet Provision Concepts' lawful expectations. It only means Provision Concepts cannot take an adverse action because you participated in this case. Provision Concepts will be permitted to take normal adverse actions if it has a legitimate business reason, such as employee misconduct. You remain an employee at-will and subject to the rights and obligations of that at-will status.

7
Your Legal Representation If You Join

If you choose to join this suit you may agree to be represented by Plaintiffs' attorneys. However, you may hire your own attorney to bring a separate action on your behalf.

If you complete and submit the enclosed Consent Form, you will be represented by the following firms:

Anderson Alexander, PLLC
101 N. Shoreline Blvd., Suite 610
Corpus Christi, Texas 78401
Tel: (361) 452-1279
Fax: (361) 452-1284
Email: team@a2xlaw.com
Barkan Meizlish DeRose Cox LLP
4200 Regent Street, Suite 210
Columbus, Ohio 43219
Tel: (614) 221-4221
Fax: (614) 744-2300
Email: consents@barkanmeizlish.com
You should not contact Provision Concepts or the Court to discuss this matter.
8
You Have Forty-Five (45) Days to Join This Lawsuit

Your determination of whether or not to take action should be made promptly. Because the law only allows a person to recover up to three (3) years of back wages from the date the Consent to Join Wage Claim form is filed, time is of the essence in submitting this form if you wish to have the opportunity to make a full recovery.

All Consent forms must be filed no later than March 30, 2026, which is forty-five (45) days after this Notice was mailed to you. A Consent form is enclosed with a self-addressed stamped envelope.

File Your Consent Form By
March 30, 2026