Gillespie et al. v. Cracker Barrel Old Country Store, Inc., Lecture notes of Law

Download Gillespie et al. v. Cracker Barrel Old Country Store, Inc. and more Lecture notes Law in PDF only on Docsity! 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NITIN SUD (pro hac vice pending) Texas Bar No.: 24051399 SUD LAW P.C. 6750 West Loop South, Suite 920 Bellaire, Texas 77401 Email: nsud@sudemploymentlaw.com Phone: 832-623-6420 Fax: 832-304-2552 MONIKA SUD-DEVARAJ Arizona Bar No.: 14905 Law Offices of Monika Sud-Devaraj, PLLC 141 E. Palm Lane, Ste. 100 Phoenix, AZ 85004 (602) 234-0782 monika@msdlawaz.com Attorneys for Plaintiffs and those similarly situated IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA Ashley Gillespie; Tonya Miller; § Case No. Tami Brown; Sarah Mangano, § individually and behalf of themselves § FLSA COLLECTIVE ACTION and all other persons similarly situated, § COMPLAINT § Plaintiffs, § § JURY TRIAL DEMANDED v. § § Cracker Barrel Old Country Store, Inc., § § Defendant. § § ---------------------------------------------------------------- INTRODUCTION 1. Cracker Barrel, a nation-wide restaurant chain with over 650 stores around the country, has employed tens of thousands of servers over the past three years who have been Case 2:21-cv-00940-DJH Document 1 Filed 05/28/21 Page 1 of 26 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 paid less than minimum wage so that Cracker Barrel can try to take advantage of a “tip credit” under the Fair Labor Standards Act (FLSA). But Cracker Barrel does not comply with the tip credit requirements, and it violates the FLSA in at least three different ways. 2. First, Cracker Barrel pays its servers less than minimum wage while forcing them to perform time-intensive, non-tipped duties to avoid employing or paying more to back- of-house employees. In appropriate circumstances, the FLSA allows employers to take a tip credit and pay certain employees (servers) less than minimum wage but only if they spend enough time (at 80%) performing tipped duties. Back-of-house employees, by contrast, are paid at least minimum wage per hour. By forcing servers to do more non- tipped work, Cracker Barrel is able to save money in labor costs and increase its profitability, at the detriment of its employees. Cracker Barrel intensified this scheme recently by implementing nationwide polices that require servers to spend even more time on non-tipped duties, and more so during the COVID-19 pandemic. Cracker Barrel is essentially taking advantage of the COVID-19 pandemic to make its servers work more for less money. 3. Second, Cracker Barrel failed to timely provide the required “tip-credit notice” to its servers that it would be paying them less than minimum wage and taking a “tip credit” for the first week of their employment as a server. Although the tip credit notice is eventually placed on the servers’ paystubs, such notice is late for the first week of the servers’ pay because the servers had already worked at least a week before being notified about Cracker Barrel’s payment scheme. Case 2:21-cv-00940-DJH Document 1 Filed 05/28/21 Page 2 of 26 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 FACTUAL BACKGROUND The FLSA applies to Cracker Barrel 14. Cracker Barrel is an enterprise engaged in commerce or in the production of goods for commerce within the meaning of the FLSA. 29 U.S.C. § 203(b), (r). 15. Cracker Barrel is an employer as defined by the FLSA. 29 U.S.C. § 203(d). 16. Cracker Barrel has annual gross business of over $500,000. In fact, for the 12 months ending July 31, 2020, Cracker Barrel had over $2.5 billion in revenue. 17. Cracker Barrel employed Named Plaintiffs at all relevant times within the meaning of the FLSA. 29 U.S.C. § 203(g). 18. In performing their duties for Cracker Barrel, Named Plaintiffs were engaged in commerce or in the production of goods for commerce. FLSA tip credit 19. Section 3(m) of the FLSA allows restaurants to pay its tipped employees less than minimum wage if certain conditions are met. The gross amount of money, below minimum wage, withheld from a server’s pay is called a “tip credit.” 20. The FLSA tip credit privilege, however, has explicit requirements that employers must follow. 21. As a condition of the privilege of paying servers less than minimum wage, the FLSA requires that they must be doing work capable of making tips. The FLSA allows restaurants to oblige its servers to do some work that does not generate tips, but that work may not exceed 20% of the employee’s time (hereafter referred to as the “80/20 Rule”). Case 2:21-cv-00940-DJH Document 1 Filed 05/28/21 Page 5 of 26 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 22. Cracker Barrel, like most restaurants, has two classifications of pay for its non- management employees—tipped and non-tipped.2 23. Servers are tipped employees. Cracker Barrel pays its servers less than minimum wage in most of the states in which it operates. The FLSA allows Cracker Barrel to do this under the tip credit scheme. 24. Each state determines its tip credit. For example, Arizona’s tip credit is $2.95 an hour. Its minimum wage is $12.00 an hour. Under the FLSA, then, Cracker Barrel in Arizona subtracts $2.95 from $12.00 and pay its servers $9.05 an hour. As other examples, in Tennessee, Alabama, and Mississippi, servers are paid as little as $2.13 an hour as the Federal minimum wage is $7.25. Michigan allows employers to pay servers $3.67 an hour while its minimum wage is $9.65 an hour. Cracker Barrel requires its servers to do excessive non-tipped work. 25. Cracker Barrel’s servers spend more than 20% of their work time performing non- tipped duties, described as follows. a) Cracker Barrel obliges its servers to do “side-work.” 26. Cracker Barrel provides each store with a set of “side-work” charts. These charts are created by Cracker Barrel’s corporate office and are uniform across all stores. 27. During a shift, a server is assigned one or more side-work duties to perform. 2 Non-tipped employees are paid the either the federal minimum or their state’s minimum wage, whichever is greater. In Arizona, for example, non-tipped employees must be paid $12.00 an hour. In Tennessee, Mississippi, and Alabama, non-tipped employees must be paid $7.25 an hour (the federal minimum wage). Case 2:21-cv-00940-DJH Document 1 Filed 05/28/21 Page 6 of 26 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 28. The following is a list of the side-work duties that must be completed during and after each shift: i. Primary Delfield:3 This is the condiment and garnish refrigerator housed along the server line.4 Servers must clean and restock every garnish and dressing in the Primary Delfield. ii. Secondary Delfield: This is a secondary condiment and garnish refrigerator housed next to the Primary Delfield. Servers must clean and restock every garnish and dressing in the Secondary Delfield. iii. Tea and Soda Stations: There are two Tea and Soda Stations—one each end of the server line. The Stations must be restocked (i.e., tea must be made, and soda mix, ice, and drink garnishes must be kept stocked) and kept clean during the day. At the end of the day, the tea urns must be thoroughly cleaned with urn cleaner, and the soda fountains must be broken down and cleaned. The nozzles for both the Tea and Soda Stations must be soaked in cleaner overnight. iv. Coffee Stations: Industrial coffee and latte machines must be kept stocked with coffee, hot tea, gallons of milk, espresso beans, syrups and sauces, iced tea bags, coffee liners, and coffee mugs. The machines must be cleaned throughout the day, and the pots must be cleaned with urn cleaner. The 3 A “Delfield” is the industry term for a brand of waist-high refrigerators. 4 The server line is the area in the back of house in which the servers get their customer’s food and drink. Case 2:21-cv-00940-DJH Document 1 Filed 05/28/21 Page 7 of 26 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 32. Before the Microsoft AX (“MAX”) program was implemented (discussed below) servers would typically have 2-3 table sections on the weekends. After MAX implementation, servers are responsible for anywhere from 4-6 tables. 33. Post-MAX implementation, servers spend more time cleaning their larger sections to clean, and during which, they cannot generate tips. 34. In some locations, servers are now required to mop their sections at some point during the shift. 35. None of these tasks are tipped-duties. c) Cracker Barrel obliges its servers to perform MAC duties to maintain the restaurants. 36. Manager Assigned Cleaning or “MAC” duties are separate from “side-work.” 37. MAC duties are also non-tipped duties and they are different from, and in addition to, what Cracker Barrel considers side-work duties. 38. MAC duties are assigned to each shift. Each server must pitch-in to complete the MAC duty. 39. The following is a list of MAC duties assigned to each day’s servers: i. Cleaning the lantern globes on each table either glass cleaner or soap and water; ii. Scraping gum from the underside of the tables in each server’s section; iii. Deep clean all tables and chairs including crossbars and legs; iv. Deep clean table tents (promotional insert holders) and replace soiled promotional inserts; Case 2:21-cv-00940-DJH Document 1 Filed 05/28/21 Page 10 of 26 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 v. Deep clean all walls on server aisle including behind tables and equipment; vi. Emptying and deep clean of salt and pepper shakers; vii. Sugar caddies must be emptied and deep cleaned at night. They are filled the following morning; viii. Refill cruets (condiment dispensers for vinegar); ix. Emptying and sanitizing the server line ice bins; x. Deep clean Delfields inside and out; xi. Deep clean all refrigerator gaskets; xii. Deep clean Coke machine, juice machine, and tea machine; xiii. Deep clean tea urns and coffee storage bins (holds bags of loose coffee grounds) xiv. Soak soda fountain nozzles in Urnex solution; and xv. Remove all glass and cup racks then clean and polish sides of rack stand with all-purpose degreaser. 40. None of these tasks are tipped-duties. d) Cracker Barrel requires its servers to roll silverware. 41. Cracker Barrel supplies its patrons with silverware in “rolls” containing a fork, spoon, and knife. 42. Servers are required to create these rolls—called “rolling silverware”—every shift. 43. Rolling silverware takes a significant amount of time to complete. 44. This is not a tipped duty. Case 2:21-cv-00940-DJH Document 1 Filed 05/28/21 Page 11 of 26 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 e) Cracker Barrel has started to cross-train its servers on additional non-tipped duties. 45. Recently, servers have started to actually be cross-trained on cooking positions, such as back up cook and salad and dessert preparation. These are non-tipped duties. f) In the last four years, Cracker Barrel has significantly increased the amount of non-tipped duties servers must perform. 46. Prior to 2017, Cracker Barrel exclusively used a computer program called MICROS to relay food orders entered by servers to the kitchen. 47. In 2017, Cracker Barrel began implementing a program called Microsoft AX or “MAX.” The MAX program was designed to replace MICROS and improve the efficiency of Cracker Barrel’s stores as a whole. One of the goals of this program was to reduce the number of servers needed per shift by issuing electronic tablets to servers so they could “ring in” customers’ food orders and increase their efficiency. 48. The MAX program created a new position called “server assistants.” The server assistants were intended to do what traditionally what was server’s side-work. 49. But Cracker Barrel eliminated the server assistant position from the MAX program to reduce labor costs. With Cracker Barrel’s implementation of the MAX program without server assistants, there are less servers to do the side-work each shift and each server must do more side-work, on average, than before. 50. It is common for servers to be assigned more than one of the side-work duties outlined above in addition to the other non-tip generating duties discussed above. Case 2:21-cv-00940-DJH Document 1 Filed 05/28/21 Page 12 of 26 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 58. The FLSA requires that the tip credit notice be provided before an employer takes advantage of it. 59. But Cracker Barrel does not provide notice before each server begins performing tipped work. 60. Servers do not get notice of the tip credit until at least one week after starting tipped work. Cracker Barrel servers receive check-stubs every week for work performed the previous week. For example, an employee is paid on December 31, 2020 for the time he/she worked from December 19-25, 2020. 61. The servers’ check-stubs provide a tip credit notice. But the first notice is sent too late. 62. Therefore, the first week an employee works as a server, he/she has not been provided the proper tip credit notice required by Section 203(m) of the FLSA. This violation applies to every Cracker Barrel employee and is a uniform injury. Cracker Barrel requires its servers to work off-the-clock. 63. Hourly employees, such as servers, are required to be paid for all hours worked. 64. Cracker Barrel is obligated to maintain accurate time records of all hours its servers work. 65. But servers are often required to work off-the-clock, so Cracker Barrel’s time records are actually not accurate. Examples of working of the clock include, but are not limited to the following: Case 2:21-cv-00940-DJH Document 1 Filed 05/28/21 Page 15 of 26 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 i. Servers often have to clock-out before being paid their tips. While waiting, they remain at the store, usually interacting with customers and employees or performing various job duties. The amount of time any particular server spends waiting to be paid his/her tips frequently ranges from 10 – 45 minutes per shift. Cracker Barrel has refused to implement the direct deposit of server’s tips to prevent servers from waiting off-the-clock to receive their tips. ii. Servers are often required to clock-out and then perform various non-tipped duties after their shifts are officially over. iii. Servers are often required to help with non-tipped duties before clocking-in at the start of their shifts. 66. Perhaps most troubling is that Cracker Barrel takes advantage of minors (who are in high school) who are limited in the amount of time they can work based on state laws. For example, a state may limit a minor to working no more than five hours per day. Cracker Barrel knows this and requires such children to clock-out yet continue working. 67. Cracker Barrel does not maintain any records of this unpaid time that servers spend working off-the-clock. Furthermore, Cracker Barrel may often automatically clock-out servers after a set amount of time, regardless as to whether such servers are working more than their scheduled shift or working a double-shift. 68. Cracker Barrel should be paying these servers at least minimum wage for this unpaid work. Case 2:21-cv-00940-DJH Document 1 Filed 05/28/21 Page 16 of 26 17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 COLLECTIVE ACTION ALLEGATIONS 69. Numerous other individuals who worked for Cracker Barrel were paid in the same manner, performed similar work, and were not properly compensated as required by the FLSA. Although the specific amount of damages may vary depending on the specific state any particular plaintiff worked (based on the amount of tip credit), Cracker Barrel’s illegal policies and practices were applied to all employees working in states where Cracker Barrel attempted to utilize a the tip credit under section 3(m) of the FLSA. Therefore, Cracker Barrel’s FLSA violations result from systemic policies and practices which are not dependent on the personal circumstances of Putative Class Members. 70. Accordingly, Named Plaintiffs bring this action on behalf of themselves and other similarly situated employees as a collective action pursuant to the FLSA, 29 U.S.C. §§ 206 and 216(b). 71. The claims under the FLSA may be pursued by other similarly situated employees who opt-in to this case under 29 U.S.C. § 216 (b). 72. Named Plaintiffs have no interest contrary to, or in conflict with, the Putative Class Members, as they all have an interest in obtaining wages owed to them under the FLSA. 73. A collective action is superior to other available means for fair and efficient adjudication of the lawsuit. 74. Absent this action, many Putative Class Members will not be compensated for their damages, and Cracker Barrel will have unjustly benefitted for violating the FLSA. Case 2:21-cv-00940-DJH Document 1 Filed 05/28/21 Page 17 of 26 20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 performing related non-tipped duties in excess of twenty percent of their work time, Cracker Barrel has violated and continues to violate the FLSA. 84. Named Plaintiffs and Putative Class Members are therefore entitled to compensation for unpaid minimum wages at an hourly rate required by the FLSA for all the time spent performing related, non-tipped duties producing job duties in excess of twenty percent of their work time and an additional amount as liquidated damages, together with interest, costs, and reasonable attorney’s fees for the three- year statutory period under the FLSA. COUNT II: Cracker Barrel violated the FLSA by not providing a timely tip-credit notice. 85. Named Plaintiffs, on behalf of themselves and Putative Class Members, repeat and re-allege each and every allegation above as if fully set forth herein. 86. Named Plaintiffs and Putative Class Members were paid hourly rates of pay below the applicable minimum wage. 87. Pursuant to Cracker Barrel’s aforementioned failure to provide Named Plaintiffs and Putative Class Members with timely notice of the tip credit requirements under Section 203(m), it has disqualified itself from being eligible for such plan for the first week each server began working as a tipped employee. Therefore, Defendant is liable to Named Plaintiffs and Putative Class Members for all hours worked within weekly pay periods during all times material at the applicable minimum wage. Case 2:21-cv-00940-DJH Document 1 Filed 05/28/21 Page 20 of 26 21 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 88. At all times relevant, Cracker Barrel has had actual or constructive knowledge of failing to provide Named Plaintiffs and Putative Class Members and those similarly situated of the aforementioned Section 203(m) four-point notice relating to its tip credit compensation plan. COUNT III Cracker Barrel violated the FLSA by not paying servers for off-the-clock work. 89. Named Plaintiffs, on behalf of themselves and other members, repeats and re- alleges each and every allegation above as if fully set forth herein. 90. At all relevant time periods, Cracker Barrel employed and continues to employ the Named Plaintiffs and Putative Class members within the definition of the FLSA. 91. The FLSA requires that employees are paid for all hours worked and at one and one-half times their “regular rate” for all hours worked in excess of 40 hours in a workweek. The “regular hourly rate of pay of an employee is determined by dividing his or her total remuneration for employment (except statutory exclusions) in any workweek by the total number of hours actually worked by him or her in that workweek for which such compensation was paid.” 29 C.F.R. § 778.109. 92. Cracker Barrel violated the FLSA by failing to pay the Named Plaintiffs and Putative Class Members and all other similarly situated employees for all compensable hours worked at the applicable minimum wage rates for all hours worked in a workweek, including overtime hours worked, if any. Case 2:21-cv-00940-DJH Document 1 Filed 05/28/21 Page 21 of 26 22 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 93. Specifically, as discussed above, Cracker Barrel required employees to perform off-the-clock work including, but not limited to, side work, MAC duties, and waiting in line to collect their tips without being paid at the applicable minimum wage rates for both regular and overtime hours. 94. At all relevant times, Cracker Barrel had actual and/or constructive knowledge of failing to compensate Named Plaintiffs and Putative Class Members at the applicable minimum and overtime wage rates. COUNT IV Willful violation of the FLSA and lack of good faith. 95. Cracker Barrel’s FLSA violations referenced above, and as follows, constitute a willful violation of the FLSA within the meaning of 29 U.S.C. § 255(a). 96. Cracker Barrel did not act in good faith when attempting to comply with the FLSA. 97. As an example of Cracker Barrel’s willful violations and/or lack of good faith with respect to complying with the FLSA, Named Plaintiffs incorporate the above- referenced facts, and especially note the following facts which further support the FLSA violations: i. Cracker Barrel operates in approximately 45 states, including California and other states that do not allow a tip credit and/or otherwise require additional wage-related benefits for employees. Upon information and belief, Cracker Barrel is in compliance with FLSA requirements in California and, therefore, is aware of the laws that require compliance with the tip credit Case 2:21-cv-00940-DJH Document 1 Filed 05/28/21 Page 22 of 26 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 class to assert timely FLSA claims in this action by filing individual Consents under 29 U.S.C. § 216(b); B. An award of compensation for unpaid minimum wages to Named Plaintiffs and other members of the class at the applicable minimum wage rate of pay and, any related overtime at the applicable FLSA overtime rate of pay; C. An award of liquidated damages to Named Plaintiffs and other members of the class; or in the alternative an award of prejudgment interest; D. An award of post-judgment interest at the applicable legal rate to Named Plaintiffs and other members of the class; E. An award of costs, expenses, and disbursements relating to this action together with reasonable attorneys’ fees and expert fees to Named Plaintiffs and other members of the class; F. A ruling that the three-year statutory period for willful violations under the FLSA shall apply in this action; and G. Such other general and specific relief as this Court deems just and proper, including any equitable or injunctive relief. JURY TRIAL DEMAND Pursuant to Rule 38(b) of the Federal Rules of Civil Procedure, Named Plaintiffs demands a trial by jury on all issues so triable. Dated: May 28, 2021 Respectfully submitted, SUD LAW P.C. Case 2:21-cv-00940-DJH Document 1 Filed 05/28/21 Page 25 of 26 26 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 /s/ Nitin Sud Nitin Sud Attorney for Plaintiffs and those similarly situated (pro hac vice pending) Law Offices of Monika Sud-Devaraj, PLLC /s/ Monika Sud-Devaraj Monika Sud-Devaraj Attorney for Plaintiffs and those similarly situated Case 2:21-cv-00940-DJH Document 1 Filed 05/28/21 Page 26 of 26 Case 2:21-cv-00940-DJH Document 1-1 Filed 05/28/21 Page 1 of 2 UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA Civil Cover Sheet This automated JS-44 conforms generally to the manual JS-44 approved by the Judicial Conference of the United States in September 1974. The data is required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. The information contained herein neither replaces nor supplements the filing and service of pleadings or other papers as required by law. This form is authorized for use only. in the District of Arizona. The completed cover sheet must be printed directly to PDF and filed as an attachment to the Complaint or Notice of Removal. Plaintiff(s): Ashley Gillespie; Tonya Miller; Tami Defendant(s): Cracker Barrel Old Country Store, Brown; Sarah Mangano Inc. County of Residence: Maricopa County ofResidence: Outside the State ofArizona County Where Claim For Relief Arose: Maricopa DPlaintiffs Atty(s): efendant s Atty(s): Nitin Sud (Ashley Gillespie; Tonya Miller; Tami Brown; Sarah Mangano ) Sud Law P.C. 6750 West Loop South, Suite 920 Bellaire, Texas 77401 832-623-6420 Monika Sud-Devaraj (Ashley Gillespie; Tonya Miller; Tami Brown; Sarah Mangano ) Sud-Devaraj & Associates 141 E. Palm Lane, Suite 100 Phoenix, Arizona 85004 6022340789 II. Basis of Jurisdiction: 3. Federal Question (U.S. not a party) III. Citizenship of Principal Parties (Diversity Cases Only) Plaintiff:- N/A Defendant:- N/A IV. Origin: 1. Original Proceeding V. Nature of Suit: 710 Fair Labor Standards Act VI.Cause of Action: 29 U.S.C. 216 DocuSign Envelope ID: CO3tge1t024fIuesn615961±161H85.-, - oc ment 1-3 Filed 05/28/21 Page 1 of 1 Exhibit B CONSENT TO BECOME A PARTY PLAINTIFF I consent to be a plaintiff and/or class member in an action against Cracker Barrel Old Country Store, Inc. to collect unpaid wages under the Fair Labor Standards Act and/or any state laws. c—Docusigned by: to-pqa kuve C6710EF311F6406 Signature TONYA MILLER Full Legal Name (print) 3/22/2021 Date 6 DocuSign Envelope ID: E2Edage12:°*9"-A'zYW-t7(511-V45PFDoctiment 1-4 Filed 05/28/21 Page 1 of 1 Exhibit C CONSENT TO BECOME A PARTY PLAINTIFF I consent to be a plaintiff and/or class member in an action against Cracker Barrel Old Country Store, Inc. to collect unpaid wages under the Fair Labor Standards Act and/or any state laws. EDocusigned1:1y... F F RCQRR71.111.4 1147R Signature Tami Brown Full Legal Name (print) 4/22/2021 Date 6 Docusign Envelope ID:AD8EggglTfe?fibbtA52E5EF04-c__LIIJOG ment 1-5 Filed 05/28/21 Page 1 of 1 Exhibit D CONSENT TO BECOME A PARTY PLAINTIFF I consent to be a plaintiff and/or class member in an action against Cracker Barrel Old Country Store, Inc. to collect unpaid wages under the Fair Labor Standards Act and/or any state laws. DocuSigned by: OViak halA4rAAti 36OZB4ELF2A84.= Signature sarah Mangano Full Legal Name (print) 3/22/2021 Date 6