The lawsuit, which seeks to become a class A claim, alleges discrepancies regarding the pay of hourly-rated dealers, among other violations of state and federal payment laws
The premium hotel and casino resort located in Mount Pocono, Pennsylvania, Mount Airy Casino Resort, is subject to a new lawsuit. The legal claim, filed late last week, seeks to become a class action against the recognizable gambling venue, claiming breaches related to federal laws regarding employment and seeking more than $5 million in wages.
Lawsuit Alleges Breaches to Federal, State Payment Laws
The legal claim was filed with the US District Court for the Middle District of Pennsylvania on February 7, 2025. Plaintiffs William Neidig, a Whitehall resident, and Jennifer Mak, a Cresco resident, filed the “class and collective action complaint” on behalf of employees in a similar position and individually, The Times-Tribune reports.
Experts on behalf of three law firms are defending the plaintiffs in the lawsuit against Mount Airy Casino Resort. Stueve Siegel Hanson LLP, Weisberg Cummings PC and McClelland Law Firm PC are responsible for the defense of the plaintiffs.
The newly filed lawsuit accuses Mount Airy Casino Resort of a total of nine counts of breaches to the Pennsylvania Payment and Collection Law, the Pennsylvania Minimum Wage and the federal Fair Labor Standards Act. Plaintiffs alleged the casino failed to pay more than $5 million in wages and overtime payments. Per the legal claim, hundreds of table game dealers were affected by the alleged unlawful actions of the casino operator.
The Legal Claim Describes the Alleged Violations, Seeks $5M Plus Unspecified Damages and Costs
In detail, the plaintiffs allege Mount Airy Casino Resort distributed pooled tips received by hourly table game dealers not only to them but to non-tipped “dual-rate supervisors,” helping cover their paid time off. Those managers allegedly received a higher pay rate when compared to the tipped workers but still benefited from the tips.
Further allegations suggest the casino wrongfully applied tip credit to offset state and federal minimum wage and overtime requirements. At the same time, the dealers and affected employees were allegedly not informed of that credit, as required by law.
The plaintiffs’ lawsuit also described alleged miscalculation of the hourly pay and overtime. This alleged violation, they claim, resulted in unpaid overtime for table game dealers.
The aforementioned damages of $5 million the lawsuit seeks are for a period of three years. The lawsuit also seeks unspecified attorney’s fees, and other associated costs, as well as interest.
Mount Airy Casino Resort is yet to respond to the lawsuit. The operator hasn’t addressed publicly the ongoing lawsuit filed by the two former employees. On Tuesday, the case was assigned to Judge Julia K Munley.
