One & Only Moonlight Basin Collective Action | You May Be Owed Tips

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 (FLSA). If you worked in a front-of-house Food & 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.

These claims affect all current and former front-of-house Food & 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.

Outlets Potentially Affected 

Our investigation covers all food & beverage outlets at the resort, including:

• Akira Back 
• Dear Josephine 
• Moon Shack 
• Pool Bar
• The Landing 
• Wildwood 

What Is an Unlawful 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 their job title, if they have authority over things like 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.

Who May Qualify 

You may be part of this case if you:

• Worked as a bartender, server, server assistant, food runner, host, bar back, mixologist, sommelier, or in-room dining order taker at One & Only Moonlight Basin within the last three years
• Were required to participate in the resort's mandatory tip pool
• Had a portion of your tips distributed to someone working as a supervisor or manager

The FLSA also protects you from retaliation for raising concerns about tip pool practices or for joining this case — it is illegal for an employer to punish an employee for asserting their wage rights.

How to Join the One & Only Moonlight Basin Wage Case

Complete the confidential form on this page with your work history and contact details. Our legal team will review your information to determine eligibility. If you qualify, we will contact you with the next steps and send you a consent form to join the collective action.

• Full Name
• Phone Number
• Email
• Position (bartender, server, server assistant, food runner, host, bar back, mixologist, sommelier, or in-room dining order taker)
• Which venue did you work at in the One & Only Moonlight Basin? (Akira Back, Dear Josephine ,Moon Shack ,Pool Bar,The Landing ,Wildwood ) 
• Worked as a bartender, server, server assistant, food runner, host, bar back, mixologist, sommelier, or in-room dining order taker at One & Only Moonlight Basin within the last three years?
• Were required to participate in the resort's mandatory tip pool?

Disclaimer Attorney Advertising. This page is for informational purposes only and does not establish an attorney-client relationship until a signed agreement is in place. Past results do not guarantee similar outcomes.