A class-action lawsuit targeting the iconic property continues to add plaintiffs who have taken issue with the company’s paying practices
The class-action federal lawsuit filed against Mount Airy Casino Resort in February accused the casino of underpaying employees. The original complaint was filed on February 7 in the Middle District of Pennsylvania by former table games dealer Jennifer Mark and former dual-rate supervisor William Neidig.
New Plaintiff Joins the Case Against Mount Airy in PA
The plaintiffs, who have been joined by a 75th plaintiff just this week, argued that the property had violated the Fair Labor Standards Act and the Pennsylvania Minimum Wage Act, along with the Wage Payment Collection Act.
The lawsuit accuses the property of using money from the tip pool for table game dealers to cover all of the paid time off of dual-rate supervisors, for one.
Another issue stems from the fact that Mount Airy Casino Resort has been rounding up the time people clock in and out to the closest 15-minute interval, which has led to members of the staff not being compensated properly.
Yet another accusation has to do with the overtime rates, and that Mount Airy Casino Resort supposedly underpaid people who worked overtime by offering them a lower rate.
Property Faces a Long List of Accusers, Has by End of April to Respond
All of these accusations are yet to be borne out in a court of law, however, but the joining of a 75th plaintiff may suggest that the class-action lawsuit has a decent chance of success.
In the meantime, the Mount Airy Casino Resort received an extension on March 7 and now has until April 28 to present its legal arguments. The plaintiffs are hoping to recoup more than $5 million in wages that were underpaid or denied to the members of staff because of the practices outlined in the complaint.
The lawsuit will similarly seek Mount Airy Casino Resort to cover the attorney’s fees and associated costs that the legal proceedings have generated so far.
Power to the People
Although the case looks to be based on tenuous legal grounds, and Mount Airy Casino Resort is still assessing its legal options, the truth is that many similar class-action lawsuits have succeeded in bringing casinos to heel and ordering them to pay the missing money.
For example, in 2021, Wynn Las Vegas agreed to settle $5.6 million with approximately 1,000 employees – both present and former dealers. The cause for the lawsuit was a similar one, with dealers obligated to share tips with supervisors, which impacted dealer earnings by a wide margin.
The Tropicana Casinos in Missouri was accused of the same practices in Missouri, as has been the Horseshoe Baltimore Casino in Maryland just last year.
