Mt. Airy Casino Employee Class-Action Lawsuit Continues to Grow
A federal class-action lawsuit filed against Mount Airy Casino Resort in Pennsylvania continues to expand as the number of plaintiffs grows. As of April 9, 75 individuals have joined the case, marking a significant escalation since the lawsuit was originally filed in early February. The latest addition was recorded in a court filing submitted on that date, further intensifying the legal scrutiny surrounding the casino's employment practices.
LISTEN TO THIS ARTICLE:The lawsuit was initially brought forward on February 7 by two former employees who alleged that Mount Airy violated several labor laws, including the Pennsylvania Minimum Wage Act (PMWA), the Pennsylvania Wage Payment and Collection Law (WPCL) and the Fair Labor Standards Act (FLSA). Within three weeks of the initial filing, 37 more employees had added their names to the case. Since then, the number of participants has more than doubled, reflecting what appears to be a growing concern among former staff regarding wage and labor practices at the resort.
Related: Missouri Casino Workers Secure Settlement from Penn National GamingCentral to the lawsuit is the allegation that Mount Airy paid employees less than the legal minimum wage while failing to meet the legal requirements necessary to apply the tip credit provision. The tip credit permits certain employers to pay a sub-minimum wage, assuming that employees receive sufficient tips to make up the difference to the federal minimum wage of $7.25 per hour.
The plaintiffs contend that Mount Airy did not provide the legally required notice about the tip credit, thereby making the reduced base wage unlawful under both federal and state labor regulations.
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Systematic Abuse of Power
Additional allegations in the complaint include the misuse of the tip pool funds contributed by table game dealers. The lawsuit states that Mount Airy diverted these funds to partially cover salary expenses for certain dual-rate supervisors—employees who perform duties as both dealers and floor supervisors. This practice, according to the plaintiffs, further undermined their rightful earnings.
The plaintiffs have also accused Mount Airy of manipulating payroll calculations in ways that diminished employee compensation. Specifically, the casino is alleged to have rounded employee clock-in and clock-out times to the nearest 15-minute interval, a practice that could reduce the total number of hours worked. Furthermore, the lawsuit claims that the overtime rates paid to tipped employees were improperly calculated, resulting in underpayment for hours worked beyond the standard 40-hour workweek.
In total, the lawsuit asserts nine legal violations: four PMWA violations, one WPCL violation and four FLSA violations. Each of these claims addresses different facets of alleged noncompliance with wage laws, pointing to a pattern of systemic issues rather than isolated incidents. The lawsuit is being adjudicated in the US District Court, where Judge Joseph F. Saporito Jr. has granted Mount Airy an extension to respond. The new deadline for the casino's legal team to file its response is April 28.
Mount Airy Casino Resort has so far not made public comments regarding the litigation. A spokesperson for the casino, Nicole Krieger, stated in February that the company does not comment on pending legal matters.
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