A former employee (the “Plaintiff”) has sued Hawk’s Cay Resort (“Hawk’s Cay” or the “Defendant”), alleging that he is entitled to damages for alleged wage and hour violations, including alleged improper notice of or use of the tip credit. The Plaintiff filed the lawsuit including claims as a class action under the Florida Minimum Wage Act (“FMWA”) and collective action under the Fair Labor Standards Act (“FLSA”). Hawk’s Cay denies Plaintiff’s allegations and disputes that anyone is entitled to any damages.
Please read the Notice carefully. The Notice relates to a proposed settlement of class action litigation. If you are a Class Member, it contains important information about your right to receive a payment from the Settlement Fund.
Your Legal Rights and Options in this Settlement: | |
Return the Claim Form and Receive a Payment | By timely returning a properly completed Claim Form, you will agree to participate in the settlement, release your claims, and receive an estimated settlement payment. You will also release any wage and hour claims you may have against the Released Parties for the Relevant Period, including those under the FLSA. To receive a settlement payment, you must submit a Claim Form. Claim Forms must be submitted online here, by email, or U.S. Mail such that it is postmarked or otherwise received by October 9, 2025. |
Do Nothing | If you do not return the Claim Form, but you do not exclude yourself, you will remain part of the case, but you will receive no payment. Despite not receiving payment, you will still release your non-FLSA wage and hour claims against the Released Parties, as set forth in the Settlement Agreement. |
Exclude Yourself | Submit a written request for exclusion to the Claims Administrator via U.S. Mail that is postmarked or otherwise received by October 9, 2025. You will not receive a payment or recover anything under this settlement, but you will retain any rights you may have related to the claims in this case, subject to the applicable statute of limitations. If you exclude yourself from the settlement, you may not object. |
Object | Write to the Court about why you do not like the settlement and testify about the fairness of the settlement. If you object, you cannot exclude yourself or opt-out of the settlement. |
Your rights and options as a Settlement Class Member – and the deadlines to exercise your rights – are explained in the Notice.
If the Court grants final approval of the settlement and after objections and appeals are heard, payments will be mailed to class members who submit a Claim Form and who do not exclude themselves.
Upcoming Important Dates
Notification Mailing
8/25/2025
Opt Out Deadline
10/9/2025
Claim Deadline
10/9/2025
Final Approval Hearing
11/5/2025