Settlement Reached at Mount Airy Casino Resort
Mount Airy Casino Resort in Monroe County has agreed to a $2.3 million settlement in a class-action lawsuit involving table games dealers who alleged they were denied tips, wages, and overtime, as documented in court filings.
Lawsuit Details
Filed in February 2025 in the U.S. District Court for the Middle District of Pennsylvania, the suit claimed the Paradise Township casino pooled employee tips, shared them with supervisors, rounded work hours on time clocks, and miscalculated overtime. These actions were said to violate the federal Fair Labor Standards Act, the Pennsylvania Minimum Wage Act, and the state Wage Payment and Collection Law.
Court Approval
On February 24, U.S. District Judge Joseph Saporito approved the settlement, which averages $2,100 for each affected employee. The resolution dismisses the lawsuit with prejudice, meaning that the case is considered closed, and the class of co-plaintiffs has agreed not to pursue similar claims in the future. The settlement does not include any acknowledgment of wrongdoing by the resort.
Origins of the Lawsuit
The lawsuit was initiated by lead plaintiffs Jennifer Mak from Cresco and William Neidig from Whitehall, both former employees of the casino. They filed the case individually and on behalf of more than 100 colleagues in a similar situation. They identified Mount Airy #1 LLC, operating as Mount Airy Casino Resort, as the defendant, alleging the casino owed over $5 million in unpaid wages and overtime during a three-year “look-back” period.
Settlement Analysis
The litigation determined that the $2.3 million settlement covers over 98% of the unpaid wages claimed. In his approval, Judge Saporito stated that this amount was “fair, reasonable, and adequate” and in the best interests of the class members, considering the strengths and weaknesses of both parties’ positions, as well as the complexity and potential costs of extended litigation.
Lawsuit Contents
The nine-count lawsuit included allegations such as unlawful tip crediting, tip pooling, time clock rounding, and incorrect overtime calculations under the Fair Labor Standards Act, along with similar claims under Pennsylvania’s wage laws. Early in the proceedings, settlement negotiations began. An order certified the class on October 30, enabling preliminary approval of the settlement.
Settlement Distribution
Key details of the settlement include the following:
- The class encompasses all employees for whom the casino took a tip credit from February 7, 2022, to May 8, 2025.
- Mak and Neidig were appointed representatives for the affected employees, with law firms Stueve Siegel Hanson LLP and McClelland Law Firm PC serving as class attorneys.
- The average payment after fees and costs is projected to exceed $2,100, with a minimum payout of $100 for eight employees. Additionally, both Mak and Neidig will receive $10,000 service awards for their active involvement in the case.
- One-third of the total settlement amount, or $766,666.66, will cover plaintiff legal fees along with $7,439.93 for costs incurred.
- No co-plaintiffs objected to or sought to exclude themselves from the settlement.
