This page provides the answers to class members’ most frequently asked questions.
The information provided is in summary form and is not intended as a complete explanation of your rights. For full and complete information, you are directed to review carefully the Notice.
Plaintiff Aaron Perry worked as a tipped employee for Kansas Star, where he was paid a base hourly wage below the federal minimum wage of $7.25 per hour and participated in a tip pooling arrangement. He filed a lawsuit individually and on behalf of other similarly situated employees against Defendant Casinos alleging they violated the Fair Labor Standards Act (“FLSA”) by distributing tips (or tokes) from the table games dealers’ tip pool to Dual Rate Supervisors for Paid Time Off (“PTO”) that they accrued in their capacity as a non-tipped, supervisor. Defendant Casinos contend all PTO was properly paid, consistent with relevant local toke pool guidelines. They deny that they violated the FLSA.
Plaintiff Perry sought to represent similarly situated employees of the Defendant Casinos. The Court granted that request in a Memorandum and Order dated October 31, 2024.
The Court has not decided which side is right. By conditionally certifying this lawsuit as a collective action and issuing this notice, the Court is not suggesting that the Plaintiff will win or lose the case.
To participate in the lawsuit, you must complete, sign, and return the Consent to Join Form by March 3, 2025.
There are two ways for you to return your Consent to Join Form:
Option 1 – Mail Your Consent to Join Form: You can mail your completed and signed Consent to Join Form to the notice administrator using the postage pre-paid return envelope enclosed with your Notice.
Option 2 – Electronically Submit Your Consent to Join Form: You can complete, sign, and submit your Consent to Join Form online.
You received this Notice because Defendant Casinos’ records show you are a member of the following group of people that the Court authorized to receive this Notice and be given an opportunity to participate in this lawsuit:
All persons employed as table games dealers and included within a tip pooling arrangement at a casino property operated by a Defendant at any time from January 1, 2022, to March 8, 2024.
Plaintiff Perry is asking the Court to award him and the Collective the difference between their sub-minimum base hourly wage and the federal minimum wage (if any) for all hours worked during the relevant time period, along with their pro-rata share of tips that were distributed during that time to Dual Rate Supervisors for the PTO hours they accrued in their capacity as a non-tipped supervisor, plus liquidated damages (double the unpaid minimum wages and misappropriated tips), attorneys’ fees, and costs of the lawsuit.