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The deadline is approaching for certain current and former Boyd Gaming casino employees to file their consent to join a collective action lawsuit over the company’s wage and tip-pooling practices.
Collective Members have until Aug. 3, 2021, to consent to join a collective action lawsuit filed by lead plaintiff Roger J., an employee of Boyd Gaming’s Kansas Star Casino.
Roger claims he was paid a base hourly wage that fell below the federal minimum of $7.25 per hour and also participated in tip pooling.
Roger alleges Boyd Gaming violated the Fair Labor Standards Act (FLSA) in two ways: failing to provide notice of the FLSA’s tip credit requirements and distributing tips from table games dealers’ pool to dual-rate supervisors for paid time off accrued in their capacity as non-tipped supervisors.
Boyd Gaming denies these accusations and contends all employees were paid properly and provided proper notice. The company operates a number of casino properties throughout the United States.
Two Collectives have been certified in this case: the Tip Credit Notice Collective and the Tip Pool Collective.
Roger is asking the Court to award the Tip Credit Notice Collective the difference between their subminimum base hourly wage and the federal minimum wage for all the hours they worked during the relevant time period, plus liquidated damages, attorneys’ fees, and costs of the lawsuit.
For the Tip Pool Collective, Roger is seeking an award of the difference between Collective Members’ subminimum base hourly wage and the federal minimum wage for all hours they worked during the relevant period, along with the tips distributed during that time to the dual-rate supervisors, plus liquidated damages, attorneys’ fees, and costs.
The Tip Credit Notice Collective includes anyone employed at a relevant Boyd Gaming casino during the respective relevant time period who was paid a base hourly wage of less than the federal minimum of $7.25 per hour.
The relevant Boyd Gaming casinos and time periods are:
- Par-A-Dice (Illinois): Jan. 1, 2018, to April 1, 2019
- Blue Chip (Indiana):: Jan. 1, 2018, to April 5, 2019
- Diamond Jo Dubuque (Iowa):: Jan. 1, 2018, to March 25, 2019
- Diamond Jo Worth (Iowa):: Jan. 1, 2018, to March 26, 2019
- Kansas Star (Kansas): Jan. 1, 2018, to March 31, 2019
- Amelia Belle (Louisiana): Jan. 1, 2018, to March 21, 2019
- Delta Downs (Louisiana): Jan. 1, 2018, to April 29, 2019
- Evangeline Downs (Louisiana): Jan. 1, 2018, to April 11, 2019
- Sam’s Town Shreveport (Louisiana): Jan. 1, 2018, to March 28, 2019
- Treasure Chest (Louisiana): Jan. 1, 2018, to May 1, 2019
- IP Biloxi (Mississippi): Jan. 1, 2018, to March 25, 2019
- Sam’s Town Tunica (Mississippi): Jan. 1, 2018, to April 1, 2019
- Valley Forge (Pennsylvania): Jan. 1, 2018, to June 1, 2019
The Tip Pool Collective consists of anyone employed as a table games dealer and included within a tip pooling arrangement at a relevant Boyd Gaming casino between Jan. 1, 2018, and March 29, 2021.
The relevant Boyd Gaming casino properties for the Tip Pool Collective are:
- Par-A-Dice (Illinois)
- Blue Chip (Indiana)
- Diamond Jo Worth (Iowa)
- Kansas Star (Kansas)
- Amelia Belle (Louisiana)
- Sam’s Town Shreveport (Louisiana)
- Treasure Chest (Louisiana)
- Sam’s Town Tunica (Mississippi)
- Valley Forge (Pennsylvania)
Those who wish to participate in the collective action must submit a Consent to Join form by mail or online using their Login ID and Confirmation Code.
Questions regarding the notice or participation in the lawsuit may be directed to the notice administrator at 844-990-3833 or Info@BoydGamingWageLawsuit.com. Additional information is available on a website that has been established to provide information on the case.
The deadline to file a Consent to Join form is Aug. 3, 2021.
Have you worked at a Boyd Gaming casino? Were you paid properly? Tell us about your experience in the comment section below.
The plaintiff is represented by George A. Hanson, Todd M. McGuire, and Alexander T. Ricke of Stueve Siegel Hanson LLP and Ryan L. McClelland and Michael J. Rahmberg of McClelland Law Firm PC.
The Boyd Gaming Casino Employee Wage and Tip Collective Action is Roger J., et al. v. Boyd Gaming Corp., et al., Case No. 19-2260-DDC-JPO, in the U.S. District Court for the District of Kansas.
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