Atkinson Resort tip pooling $240K class action settlement

Atkinson Resort and Country Club agreed to a $240,000 class action lawsuit settlement to resolve claims that it forced servers and bartenders into tip pooling, a violation of New Hampshire law.

The settlement benefits banquet service employees who worked as servers and/or bartenders at the Atkinson Resort and Country Club from Nov. 22, 2018, to Oct. 2, 2022.

According to the wage-and-hour class action lawsuit, Atkinson Concessions unfairly forced servers and bartenders at its country club to participate in tip pooling. This tip pooling allegedly violated New Hampshire law and denied workers the tips they were owed.

Atkinson Resort and Country Club is a New Hampshire resort, country club and golf course owned and operated by Atkinson Concessions. The country club hosts events such as weddings.

Atkinson Concessions hasn’t admitted any wrongdoing but agreed to a $240,000 class action settlement to resolve the allegations against it.

Under the terms of the Atkinson Resort settlement, class members can receive a proportional share of the net settlement fund based on the number of hours they worked during the class period. Exact payment amounts will vary depending on the number of claims filed with the settlement.

Settlement payments will be sent as two rounds of checks. The first round of checks will include the initial pro rata share or the amount they would be entitled to assuming that all class members file a claim. The second round of checks will include a pro rata share based on their claimed hours. 

Any unclaimed funds from the settlement will be donated to New Hampshire Legal Aid. 

The deadline for exclusion and objection is April 10, 2023.

The final approval hearing for the settlement is scheduled for June 9, 2023.

In order to receive settlement benefits, class members must submit a valid claim form by April 10, 2023.

Who’s Eligible

Banquet service employees who worked as servers and/or bartenders at the Atkinson Resort and Country Club from Nov. 22, 2018, to Oct. 2, 2022

Potential Award

Varies.

Proof of Purchase

N/A

Claim Form

NOTE: If you do not qualify for this settlement do NOT file a claim.

Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.

Claim Form Deadline

04/10/2023

Case Name

Kiran, et al. v. Atkinson Concessions Inc., Case No. 218-2021-CV-01175, in the New Hampshire Superior Court for Rockingham County

Final Hearing

06/09/2023

Settlement Website

AtkinsonSettlement.com

Claims Administrator

Optime Administration, LLC
PO Box 3206
Brockton, MA 02304
atkinsonsettlement@optimeadmin.com
844-625-7313

Class Counsel

Hillary Schwab
Rachel Smit
FAIR WORK PC

Defense Counsel

Demetrio F Aspiras
DRUMMOND WOODSUM & MACMAHON