IF YOU ARE ACCESSING THIS WEBSITE TO SUBMIT YOUR CONSENT TO JOIN FORM, CLICK THE SUBMIT A CONSENT TO JOIN FORM OPTION ABOVE.
DEADLINE TO PARTICIPATE
Your Consent to Join Form must be submitted online or postmarked by August 3, 2021 to participate in this lawsuit.
In this lawsuit, the Court authorized the sending of a Notice and Consent to Join form to certain current or former employees of Boyd Gaming Corporation who worked at a relevant Boyd Gaming Casino during the relevant time, as more fully described in the documents and information available on this website.
On May 5, 2021, the Notice was mailed to eligible Boyd Gaming casino employees at their last known address.
If you received this Court-authorized Notice, please read it carefully as your rights may be impacted if you do nothing at all.
If an eligible person’s Consent to Join has not been submitted online or received by on or about June 5, 2021, an email will be sent to such person’s last known email address on file with Boyd.
If an eligible person’s Consent to Join has not been submitted online or received by on or about July 5, 2021, a text message will be sent to such person’s last known mobile phone number on file with Boyd.
If you believe you are an eligible Boyd Gaming casino employee that meets the criteria for participating in this collective action lawsuit (as described in the documents and information available on this website), you can still Submit a Consent to Join Form by clicking on that box above and completing the Form available for those that did not receive a personalized Notice in the mail or via other electronic means. You can also contact us at 1 (844) 990-3833 (phone) or info@BoydGamingWageLawsuit.com (email) for more information or to confirm your eligibility to participate.
- Plaintiff Roger James worked as a tipped employee for Boyd Gaming at its Kansas Star Casino 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 Boyd Gaming alleging it violated the Fair Labor Standards Act (“FLSA”) by: (1) failing to provide notice of the FLSA’s tip credit requirements as required by the FLSA; and (2) 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. Boyd Gaming contends all employees were properly provided notice of the tip credit requirements, and that all PTO was properly paid, consistent with relevant local toke pool guidelines. It denies that it violated the FLSA.
- Plaintiff James sought to represent similarly situated employees at various Boyd Gaming casinos. The Court granted that request in a Memorandum and Order dated March 2, 2021, which is why you are receiving this Notice and being given the opportunity to join this lawsuit. You may receive this Notice and information about this lawsuit in a variety of forms, including via U.S. Mail, email and text message.
- 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.
Your legal rights are affected whether you act or not and you have a choice to make now:
| YOUR LEGAL RIGHTS AND OPTIONS IN THIS LAWSUIT | |
|---|---|
PARTICIPATE BY RETURNING YOUR CONSENT TO JOIN FORM |
If you choose to be included in this lawsuit, you will bound by its outcome, which includes sharing in any money judgment or settlement that may be secured. You give up any rights to separately sue Boyd Gaming about the same legal claims in this lawsuit.
To be included in this lawsuit, you must complete, sign, and return the enclosed Consent to Join Form postmarked by August 3, 2021, or submit the Consent to Join Form online by clicking here, using your Login ID and Confirmation Code provided on the Consent to Join form. |
DO NOTHING |
If you do not want to participate in this lawsuit, you do not need to do anything. If you do nothing, you will not be bound by any outcome in this litigation and may retain your right to sue Boyd Gaming separately. However, your statute of limitations continues to run, and you will not be able to later elect to participate in this action. Further, if this action results in a money judgment or settlement, you will not be able to receive any portion of those benefits. |