Federal Court Certifies Fair Labor Standards Act Collective Action Against Las Vegas Restaurant

A federal district court has authorized notice to current and former employees of the Boiling Crab restaurant in Las Vegas, Nevada who were employed at any time between March 23, 2018 and October 26, 2020.  The notice permits current and former workers to opt-in to the pending litigation alleging that employees were improperly denied compensation from an illegal tip pool policy.  Those who participated in the tip pool include servers, bus-runners, hosts/hostesses, cashiers and To-Go employees.

In the lawsuit, filed on October 7, 2020, Plaintiffs allege that the Boiling Crab restaurant violated the Fair Labor Standards Act by improperly requiring employees to share tips with employees referred to as DSLs (alternatively referred to as shift leads, working leads, designated shift leads, daily shift leads, daily server leads, and leads on duty).

The litigation, known as Joseph McDougall and Austin Wallace v. The Boiling Crab Vegas, LLC, No. 2:20-cv-01867-RFB-NJK, is pending in the U.S. District Court for the District of Nevada. The Honorable Richard F. Boulware is assigned to the case.

The notice and consent documents were mailed to workers on March 15, 2022.  To join this action, current or former employees may opt-in to the lawsuit by mailing the Consent to Join FLSA Collective Action form by May 29, 2022.

The workers are represented by T. Christopher Tuck, Robert S. Wood, D. Charles Dukes, and T.A.C Hargrove, II of Rogers, Patrick, Westbrook & Brickman, LLC.

Pursuant to Order by the federal district court, a reminder notice postcard was mailed to eligible current and former employees on April 29, 2022.

Any worker needing more information or a copy of the opt-in Consent to Join FLSA Collective Action should contact Barbara Carter at bcarter@rpwb.com or call the firm at 843.727.6500.  You may also download the documents by clicking the link below.

Plaintiffs’ Notice of Fair Labor Standards Act Coll. Action

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