Mount Airy Casino Resort is facing a lawsuit from two ex-employees who were card dealers at the Pennsylvania Pocono Mountains location.
Plaintiffs Jennifer Mak and William Neidig claim in a suggested class-action suit in Harrisburg's federal court that they were deprived of tips that belonged to them and other monetary compensation.
Lawyers for the plaintiffs claim Mount Airy breached the Pennsylvania Minimum Wage Act, the Pennsylvania Wage Payment and Collection Law, and the federal Fair Labor Standards Act (FLSA). Mount Airy Casino Resort has not yet replied to the class-action suit in Pennsylvania's Middle District Court. The casino stated merely that it does not provide public comments on ongoing legal cases.
Mount Airy was created by Louis DeNaples, who was connected to the Bufalino crime family, prompting him to hand over ownership of the venture to his daughter to obtain a state-issued gaming license.
Casino Legal Action Claims
Mak and Neidig’s lawsuit contends that Mount Airy utilized a tip credit authorized by FSLA, allowing the casino to subtract from its tax obligations the disparity between the dealers’ minimum cash salaries and the federal minimum wage of $7.25 per hour.
Nonetheless, since the casino did not notify dealers regarding the tip credit rules required by federal and state regulations, the lawsuit argues that the casino could not assert the tip credit and thus, the difference should be refunded to the affected employees. The tip credit was utilized for both standard and overtime hours.
Mount Airy is similarly charged with enforcing a compulsory tip pooling policy akin to the notorious 15-year legal battle at Wynn Resorts in Las Vegas, which was resolved in March 2021 with a $5.6 million settlement. The complaint claims that Mount Airy breached federal and state regulations by distributing tip funds to employees on paid leave and specific non-tipped managers and supervisors.
The plaintiffs argue that the casino also employed a time clock that rounded down, leading to the company’s “failure to adequately compensate its employees for all hours worked.” The complaint additionally asserts that Mount Airy incorrectly calculated the overtime pay for employees.
The legal action requests a jury trial and a minimum of $5 million in damages, not including interest, attorney fees, and court expenses.
Mak Has Returned
This isn't the first occasion Mak has taken legal action against her casino employer in Pennsylvania.
In 2012, while a trainee in table games at Parx north of Philadelphia, Mak alleged that the casino failed to accommodate her epilepsy disability. In that assertion, Mak stated that her rights according to the Americans with Disabilities Act were infringed upon after she was let go approximately 6.5 months into the position.
Mak was participating in table game training throughout her over six months at Parx. She was not offered a permanent role, which she asserted was due to her condition.
Mak mentions that a hiring manager expressed worry that she might experience a seizure while on the gaming floor. She mentioned that she spent most of the interview justifying her capability to perform the job despite her health issue.
In December 2013, a federal judge dismissed the lawsuit with prejudice after Mak and Parx's parent company, Greenwood Gaming and Entertainment, Inc., resolved the issue outside of court.
