Over 36 people join class-action lawsuit against Mount Airy Casino Resort
facing allegations of underpaying its employees in a class-action lawsuit that has garnered more than three dozen plaintiffs. Filed in the Middle District of Pennsylvania on Feb. 7 by two former employees, Jennifer Mak and William Neidig, the lawsuit accuses Mount Airy Casino Resort of violating the Fair Labor Standards Act (FLSA), the Pennsylvania Minimum Wage Act (PMWA), and the Wage Payment and Collection Law (WPCL). Since its initiation, the lawsuit has seen an additional 37 plaintiffs join as of a Feb. 24 court filing.
The crux of the complaint revolves around Mount Airy’s alleged payment of its employees below the minimum wage while also failing to adhere to FLSA and PMWA guidelines regarding the tip credit system. The tip credit system permits employers to pay employees below the federal minimum wage of $7.25 under the condition that the tips received by the employee make up the difference to match minimum wage requirements. The lawsuit further contends that Mount Airy diverted funds from the tip pool designated for table games dealers to cover the paid time off of dual-rate supervisors, employees who serve as both floor supervisors and dealers.
Moreover, Mount Airy is accused of rounding employees’ clocked-in and clocked-out times to the nearest 15-minute interval, which has resulted in staff not receiving rightful compensation for all hours worked. Additionally, the lawsuit claims that the casino calculated the overtime rate for tipped employees at a lower rate than is legally mandated, further exacerbating the wage discrepancies faced by its employees.
The lawsuit raises a total of nine counts of violations, comprising four counts each of FLSA and PMWA violations, along with one count of WPCL violations. Despite these serious allegations, a spokesperson for Mount Airy, Nicole Krieger, declined to provide any comments on the pending litigation when contacted for a response on Feb. 17.
The legal action against Mount Airy Casino Resort underscores the importance of adhering to labor laws and ensuring fair compensation for all employees. The case serves as a reminder that businesses must comply with wage regulations to protect the rights and financial well-being of their workforce. As the class-action lawsuit progresses, the outcome will be closely monitored to determine if Mount Airy Casino Resort will be held accountable for the alleged wage violations outlined in the complaint.
