PROPOSED SETTLEMENT OF CLASS ACTION
If you were a current or former tipped dealer at Borgata Hotel Casino & Spa between March 1, 2018 through December 31, 2019, or at MGM National Harbor between January 15, 2018 through December 31, 2019, you may be entitled to a payment from a class action lawsuit settlement. Members of the Borgata Class and MGM National Harbor Class are defined as:
- Borgata Class: All tipped employees working as a Dealer at Borgata earning a direct cash wage of $7.24 or less per hour between March 1, 2018 and December 31, 2019.
- MGM National Harbor Class: All tipped employees working as a Dealer at MGM National Harbor earning a direct cash wage of $11.49 or less per hour between January 15, 2018 and December 31, 2019.
The individual Plaintiffs identified in the case caption are former dealers who sued Defendants Borgata Casino Hotel & Spa and MGM National Harbor alleging that Defendants failed to properly inform its tipped employees of the required tip credit provisions prior to paying them a sub-minimum direct cash wage. The Named Plaintiffs filed the Complaint as a class and collective action under the Federal Fair Labor Standards Act (“FLSA”), 29 U.S.C. § 216(b), et seq., the New Jersey Wage Payment Law (“NJWPL”), N.J. Stat. Ann. § 34:11-4.1 et seq., the Maryland Wage and Hour Law (“MWHL”), Md. Code Ann., Lab. & Empl., §§ 3-401, et seq., and the Maryland Wage Payment and Collection Law (“MWPCL”), Md. Code Ann., Lab & Empl., §§ 3-501, et seq. Defendants deny the allegations in the Complaint, but the Parties have agreed to settle this dispute for the purpose of avoiding further disputes and litigation with its attendant risk, expense, and inconvenience. The settlement monies are being used to pay certain groups of current and former employees of Defendants, attorneys’ fees, litigation costs, service payments to the Named Plaintiffs, and the costs of administering the settlement. Defendants will not take an adverse action against any employee covered by the settlement whether or not he or she accepts a settlement payment. Please see the Settlement Notice for more information on your rights in this settlement and what you may receive as a member of the Borgata Class or MGM National Harbor Class.