Mount Airy Casino Agrees to $2.3 Million Settlement with Employees
Mount Airy Casino Resort has agreed to pay $2.3 million to resolve a class-action lawsuit alleging wage and overtime violations affecting hundreds of workers. The settlement could apply to as many as 696 current and former employees who worked at the casino over a three-year period.
Under the terms filed in federal court, at least $1,474,000 of the settlement will be distributed directly to employees. The remaining funds, per local media outlet WVIA, are allocated to attorneys' fees, litigation costs, and administrative expenses.
Related: Mt. Airy Casino Employee Class-Action Lawsuit Continues to GrowThe agreement was first proposed in September and covers eligible employees who worked at Mount Airy between February 7, 2022, and May 8, 2025. Individual payments are expected to average more than $2,000, with no claimant receiving less than $100.
US District Judge Joseph F. Saporito Jr. has scheduled a hearing for February 19 to consider final approval of the settlement. Employees included in the class have been given time to opt out before the agreement is finalized.
The lawsuit was filed in February by former table games dealers Jennifer Mak of Cresco and William Neidig of Whitehall. Both plaintiffs relied on hourly wages and tips earned while dealing games such as blackjack, roulette, and craps.
The plaintiffs sought class-action status, meaning any outcome would apply to similarly situated employees. Early estimates suggested at least 100 workers were affected, with potential damages exceeding $5 million.
As the case progressed, more than 150 individuals joined the lawsuit before settlement negotiations began. Following discussions with casino attorneys, the eligible class expanded to include up to 696 workers.
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Multiple State and Federal Violations Alleged
The complaint accused the casino of violating federal and state labor laws by improperly applying a tip credit without adequate notice to employees. Federal law allows a sub-minimum wage only if employees are informed and tips make up the difference.
The suit also alleged that Mount Airy required dealers to pool tips and distribute them to management and supervisory employees. Supervisors, who earn significantly higher hourly wages, are generally prohibited from sharing in tip pools.
Another allegation focused on timekeeping practices that rounded employee hours in a way that allegedly reduced paid time. Workers claimed they routinely lost minutes of compensation at the start and end of shifts.
The casino was further accused of miscalculating the regular rate of pay used to determine overtime wages. According to the suit, this practice resulted in systematic underpayment.
Attorneys for the plaintiffs argued that the alleged violations were willful and ongoing. The lawsuit cited breaches of the federal Fair Labor Standards Act and Pennsylvania wage and minimum wage laws.
If approved, the settlement will conclude the case without any admission of wrongdoing by the casino. Eligible employees will receive payments in the months following final court approval.
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