The Complaint alleges that the Settling Entities violated the FLSA, MMWL, and/or IWPCL, by (1) illegally deducting costs to obtain, maintain, and renew state-issued gaming licenses from employees’ wages; and (2) creating a mandatory tip pool policy which required table games dealers to pool their tips and then used those tips to pay the Paid Time Off (“PTO”) of certain non-tipped, manager and supervisor employees. The Settling Entities deny all the claims asserted in the Complaint and maintain that all of their respective employees were paid, and have always been paid, correctly and in accordance with the law.

The Settlement Amount, $6,250,000 in total, fully resolves and satisfies the attorneys’ fees and costs approved by the Court, all amounts to be paid to individuals covered by the Settlement, the Court-approved service payments, and the Settlement Administrator’s fees and costs. The Settlement funds are being divided among the individuals covered by the Settlement according to an allocation formula.

Based on the allocation formula that has been approved by the Court, you will be receiving a Rule 23 Settlement Check and/or FLSA Settlement Check, half of which is subject to deductions for applicable taxes and withholding like any other paycheck, and for which you will receive a W-2, and half of which will not be taxed at this time and will be reported on IRS Form 1099.

The Net Settlement Amount available for distribution shall be allocated as follows: 96% to the Table Games Dealer Tip Pool Collective; and 4% to the Gaming License Policy Collective, MMWL – Minimum Wage Class, IWPCL – Minimum Wage Class, and IWPCL – Unlawful Deduction Class. These allocations approximate the proportional damages attributable to each claim. You can be a member of one or more Class or Collective. Each Class Member and Collective Member’s estimated share of the Net Settlement Amount will be calculated by the Settlement Administrator as follows:

1. Each Table Games Dealer Tip Pool Collective member’s estimated share of the Table Games Dealer Tip Pool Collective payment shall be calculated pro rata by comparing the number of hours that the Table Games Dealer Tip  Pool Collective member worked as a regular Table Games Dealer participating in the Table Games Dealer Tip Pool at a relevant Pinnacle casino from the date three years prior to the filing of each collective member’s Consent to Join form through September 30, 2022, against the total amount of hours that all Table Games Dealer Tip Pool Collective members worked as a regular Table Games Dealer participating in the Table Games Dealer Tip Pool at a relevant Pinnacle casino during those time periods; provided, however, that each Table Games Dealer Tip Pool Collective member will be allocated a minimum gross settlement payment of $25.00.
2. Each Gaming License Policy Collective, MMWL – Minimum Wage Class, IWPCL – Minimum Wage Class, and IWPCL – Unlawful Deduction Class member’s estimated share of the Gaming License Policy Collective, MMWL– Minimum Wage Class, IWPCL – Minimum Wage Class, and IWPCL – Unlawful Deduction Class payment shall be calculated pro rata by comparing: (1) the amount of money that the Gaming License Policy Collective member had deducted from his or her pay associated with initially obtaining or thereafter renewing a gaming license from the date three years prior to the filing of their Consent to Join form through September 30, 2022; and (2) the amount of money that the MMWL – Minimum Wage Class, IWPCL – Minimum Wage Class, and IWPCL – Unlawful Deduction Class member had deducted from his or her pay associated with initially obtaining or thereafter renewing a gaming license from February 21, 2017 through September 30, 2022; against the total amount of money that all Gaming License Policy Collective, MMWL – Minimum Wage Class, IWPCL – Minimum Wage Class, and IWPCL – Unlawful Deduction Class members had deducted from their pay for initially obtaining or thereafter renewing a gaming license during those time periods; provided, however, that each Gaming License Policy Collective, MMWL – Minimum Wage Class, IWPCL –Minimum Wage Class, and IWPCL – Unlawful Deduction Class member will be allocated a minimum gross settlement payment of $25.00.
3. Individuals who are in both the Gaming License Policy Collective, and either the MMWL – Minimum Wage Class, IWPCL – Minimum Wage Class, or IWPCL – Unlawful Deduction Class will not receive double recovery as to any portion of their claims (i.e., an individual with Rule 23 damages during a time period covered by the FLSA damages may only recover from one allotment of damages for that time period).

To receive proceeds from the Settlement, you do not have to do anything. If the Court grants final approval of the Settlement, and you do not request exclusion from the settlement you will be bound by the release of the Released Claims and you will receive in the mail a Rule 23 Settlement Check and/or an FLSA Settlement Check, representing your share of the settlement fund. Class Members who choose to cash or deposit their FLSA Settlement Check will further be bound by the release of the Released FLSA Claims.

If you do not want to participate in the Settlement and receive a Rule 23 Settlement Check, and do not wish to release any Released Claims, you must send a letter stating your desire to be excluded from the settlement, include the name of the Litigation, your name, your address, and your signature. Requests for exclusion should be sent in an envelope addressed to the Settlement Administrator.