Unreported / Non-Citable
Background
Joshua Maliszewski sued Bowlounge LLC under the Fair Labor Standards Act on behalf of himself and similarly situated employees. He alleged that Bowlounge improperly kept or distributed servers’ and bartenders’ tips to employees who were not customarily tipped, including supervisors and bowling-alley mechanics, and failed to include bonus pay when calculating regular rates for overtime. Bowlounge denied the allegations and maintained that employees received all tips and overtime wages owed.
The parties jointly asked the court to certify a collective consisting of current and former Bowlounge servers and bartenders who worked between February 8, 2024, and July 1, 2026, and were paid on a tipped, tip-credit hourly basis. They also sought approval of a notice packet, disclosure of potential members’ contact and employment information, distribution by mail and email, and a 60-day opt-in period.
The Court’s Holding
The court granted the agreed motion and certified the proposed FLSA collective under 29 U.S.C. § 216(b). Applying the Fifth Circuit’s post-Swales framework, the court found that the parties’ stipulation established sufficient similarity among the covered servers and bartenders. No individualized defenses had been identified that would make collective treatment inefficient or unmanageable, and resolving common legal and factual questions together would reduce costs and promote judicial efficiency.
The court also approved the proposed notice, consent-to-join form, client data sheet, and distribution plan. Bowlounge must provide the specified contact and employment information for collective members, and notice may be sent by first-class mail and, where possible, email. The court approved a 60-day opt-in period beginning three calendar days after plaintiff’s counsel mails the notice packet.
Key Takeaways
- The certified collective covers Bowlounge servers and bartenders who worked from February 8, 2024, through July 1, 2026, and were paid using a tipped, tip-credit hourly arrangement.
- The parties’ agreement, the narrowly defined group, the absence of materially individualized defenses, and considerations of fairness and efficiency supported a finding that the workers were similarly situated.
- The court authorized notice by first-class mail and email and approved a 60-day period for eligible workers to opt into the case.
Why It Matters
The order illustrates how district courts in the Fifth Circuit assess proposed FLSA collectives after Swales, focusing at the outset on whether material merits questions can be resolved collectively rather than using the former two-stage conditional-certification procedure.
The ruling does not decide whether Bowlounge violated the FLSA. It permits similarly situated workers to receive notice and choose whether to join the litigation while preserving judicial neutrality on the underlying tip and overtime claims.