Aaron V. Perry, et al. v. Kansas Star Casino, LLC, et al.

Summary

The United States District Court for the District of Kansas considers a renewed motion to approve an FLSA collective action settlement involving tip-pooling practices at Boyd Gaming casinos. The court approves the settlement in part, awards $196,200 in attorney fees, approves $414.60 in litigation expenses and a $1,100 service award, and evaluates the settlement using lodestar and Johnson-factor analyses.

Holdings

1. The settlement was fair and reasonable and was approved for distribution to the 507 collective members.
2. A fee award of 20 percent of the $981,000 common fund, or $196,200, was reasonable; the requested 25 percent award was reduced.
3. The Court approved $414.60 in litigation expenses, a $1,100 service award to Perry, and $19,956 for notice and settlement administration.

Questions Presented

1. Whether the proposed FLSA collective action settlement was fair and reasonable.
2. Whether the requested attorney-fee award of 25 percent of the $981,000 common fund was reasonable under the Tenth Circuit's hybrid percentage-of-the-fund and lodestar approach.
3. Whether the requested litigation expenses, service award, and settlement-administration costs were reasonable.

Disposition

other