Collective Action
One & Only Moonlight Basin
A collective action lawsuit, Swain v. Kerzner Montana Employment, Inc. d/b/a One & Only Moonlight Basin, filed in the U.S. District Court for the Southern District of Florida, alleges that the resort’s mandatory tip pool required servers, bartenders, and other tipped staff to share their tips with supervisors and managers, in violation of the Fair Labor Standards Act. If you worked in a front-of-house food and beverage role at One & Only Moonlight Basin in Big Sky, Montana in the last three years, you may be owed money and may be able to join this case.
- Free & confidential case review
- No fee unless we recover for you
- Strict legal deadlines apply — don’t wait
Tell us what happened. It takes two minutes.
Who may qualify
Front-of-House F&B Roles
Bartenders, servers, server assistants, food runners, hosts, bar backs, mixologists, sommeliers, and in-room dining order takers within the last three years.
Required to Join the Tip Pool
You were required to participate in the resort’s mandatory tip pool.
Tips Shared With Management
A portion of your tips went to someone working as a supervisor or manager.
Protected From Retaliation
The FLSA makes it illegal for an employer to punish you for raising concerns about tip pool practices or for joining this case.
How to Join
Complete the confidential form on this page. If you qualify we will send you a consent form to join the collective action.
Outlets potentially affected
Our investigation covers all food and beverage outlets at the resort, including:
- Akira Back
- Dear Josephine
- Moon Shack
- Pool Bar
- The Landing
- Wildwood
These claims affect current and former front-of-house food and beverage employees who worked at One & Only Moonlight Basin at any time in the three years before the lawsuit was filed and who were required to participate in the tip pool.
Federal law allows employers to require tipped employees to share tips through a tip pool, but only among staff who customarily and regularly receive tips themselves. Supervisors and managers may not receive tip pool money, regardless of job title, if they have authority over hiring, firing, scheduling, or discipline.
If part of your tips went to someone with that kind of authority, the tip pool may be unlawful and you may be entitled to recover the tips that were diverted, plus an equal amount in liquidated damages.
Front-of-house food and beverage staff who worked at the resort in the last three years and were required to participate in the mandatory tip pool.
No. The FLSA protects you from retaliation for raising concerns about tip pool practices or for joining this case.
Nothing. Consultations are free and confidential, and there is no fee unless we recover for you.
See if you qualify
Tell us where you worked and what happened. It is free and confidential.
- Free & confidential case review
- No fee unless we recover for you
- Strict legal deadlines apply — don’t wait
Talk to us, it's free.
Call (954) 871-0050 or request your free, confidential review.
