VCE Theaters, LLC, dba Studio One Theaters’ (Studio One) records show that you received a paycheck from them for a pay period in which you were required to participate in a tip pool that Plaintiff alleges included managers, supervisors, or other statutory employers. This notice explains that the Court has allowed, or “certified,” a collective action that may affect you. You have legal rights and options that you may exercise before the Court holds a trial. The trial is to decide whether the claims being made against Studio One are correct. Judge Stacie F. Beckerman of the United States District Court for the District of Oregon is overseeing this lawsuit. The lawsuit is known as Alexander Atkins v. VCE Theaters, LLC, dba Studio One Theaters, et al, Civil Action No. 3:23-cv-01332-SB.

This lawsuit is about whether Studio One required employees to participate in a tip pool that included managers, supervisors, or other statutory employers (as defined by federal law).  More information about federal wage-and-hour laws can be found at the website of the United States Department of Labor’s Wage and Hour Division, https://www.dol.gov/agencies/whd.

In a collective action lawsuit, based on federal wage-and-hour violations, one or more people called “Collective Representatives” (in this case Alexander Atkins) sue on behalf of other people who may have similar federal-law claims. The people together are a “Collective” or “Collective Members.” The employee who filed the lawsuit—and all the Collective Members like him—are called the Plaintiffs. The party they sued regarding the tip pooling claims (Studio One) is called the Defendant. One lawsuit resolves the issues for everyone in the Collective. In a Collective Action, no employees are included as part of the case unless they JOIN the lawsuit. 

If you want to be part of the lawsuit, JOIN the Collective Action and you will be included.

If you don’t want to be part of the lawsuit, you do not need to do anything.

The Court decided that this lawsuit can be a collective action and move toward a trial because it meets the requirements of 29 U.S.C. § 216(b), which requires that employees in federal Fair Labor Standards Act cases be similarly situated.  More information about why the Court is allowing this lawsuit to be a collective action is in the Court’s Order, which is available in the “Documents” section of this website.

In the lawsuit, Alexander Atkins claims that Studio One required employees to participate in a tip pool that included managers, supervisors, and/or other statutory employers.  You can read the Plaintiff’s Complaint in the “Documents” section of this website.

Studio One denies that its tip pooling practices violate federal law. Studio One denies that managers, supervisors, or statutory employers (as defined by federal law) received tip-outs from a tip pool.  Studio One’s Answer to the Complaint is found in the “Documents” section of this website.

The Court hasn’t decided whether Alexander Atkins or Studio One is correct. By certifying the Collective Action and issuing this Notice, the Court is not suggesting that either Mr. Atkins or Studio One will win or lose this case. If the case does not settle, the Plaintiffs will have to prove their claims at a trial. (See “The Trial” in FAQs 20-21.)

Mr. Atkins is asking for each Collective Member to be awarded compensatory damages equal to their share of the tips allegedly allocated to managers, supervisory employees and statutory employers, as well as liquidated damages, in amounts to be proven at trial.

No money or benefits are available now, because the Court has not yet decided whether Studio One did anything wrong, and the two sides have not settled the case. There is no guarantee that money or benefits will be obtained. 

The Court decided that all “current or former VCE employees who received a paycheck for a pay period in which they were required to participate in a tip pool” can be Collective Members, but only if they JOIN the lawsuit. 

Any employee can be in the Collective if they received a paycheck from VCE Theaters, LLC for a pay period in which they were required to participate in a tip pool, but only if they JOIN the lawsuit.

If you JOIN the Collective and the Plaintiffs obtain money or benefits for the federal claims, either as a result of the trial or a settlement, you will be entitled to receive your share of the recovery. You will also be legally bound by all of the Orders the Court issues and judgments the Court makes in this lawsuit. 

To join this case, just complete and return the JOIN form. 

It must be postmarked, emailed, or faxed on or before June 16, 2025.

You can also JOIN online at this website.  Please see the JOIN Form tab.  

If you already have your own wage-and-hour lawsuit against Studio One for the same federal claims at issue in this case and want to continue with it and/or if you want to otherwise preserve your right to bring the same federal claims at issue in this case against the Defendant outside of this lawsuit, you should not join the collective. 

If you don’t join the collective, you won’t get any money damages from this lawsuit even if the Plaintiffs obtain them as a result of a trial or any settlement between Studio One and the Plaintiffs. However, you may be able to start or continue your own lawsuit against Studio One for the same federal claims. If you do not join the collective, you will not be legally bound by the Court’s judgments in this lawsuit.

If you do not join this collective action, and you wish to start your own lawsuit against Studio One, you’ll have to retain your own lawyer for that lawsuit unless you proceed without a lawyer, and you’ll have to prove your own claims. If you do not join this collective action or continue with your own existing lawsuit against Studio One, you should talk to your own lawyer soon, because your claims may be subject to a statute of limitations.

If you do nothing, you will not be a Collective Member in this case. 

The Court has appointed the law firm Lewallen Law, LLC to represent you and all Collective Members. The law firm is called “Collective Counsel.” 

You do not need to hire your own lawyer, because Collective Counsel will work on your behalf if you join the lawsuit. But, if you want your own lawyer, you will have to pay that lawyer. For example, you can ask your own lawyer to appear in Court for you if you want someone other than Collective Counsel to speak for you.

If Collective Counsel get money or benefits for the Collective, they may ask the Court for fees and expenses. You won’t have to pay these fees and expenses. If the Court grants Collective Counsel’s request, the fees and expenses would be either deducted from any money obtained for the Collective, or paid separately by Studio One.