Thank you to everyone who helped contribute to this investigation. Unfortunately, at this point, attorneys working with ClassAction.org have decided to close their investigation into this matter. If you have questions regarding your rights, please reach out to an attorney in your area. Most offer free consultations.
The information below was posted when the investigation began and exists for reference only. Our open list of investigations can be found here.
At A Glance
This Alert Affects:
Anyone who works or has worked as a casino games supervisor, floor manager, or pit boss and was not paid overtime.
What's Going On?
A number of casinos have been sued for failing to pay their workers overtime. Now, attorneys are speaking with current and former casino floor managers and supervisors to determine whether more class actions can be filed.
What Could I Get from a Class Action?
You may be able to collect your unpaid overtime wages.
Attorneys would like to hear from current and former casino workers who were employed as:
Table games manager/supervisors
Attorneys have reason to believe that some casinos are breaking federal law by not paying overtime wages to these employees. A number of class action lawsuits have already been filed to help workers collect their unpaid wages.
If you worked at a casino in any of these positions and you weren’t paid extra when working more than 40 hours a week, attorneys may be able to help you get your money back.
How Could I Have Been Cheated Out of Overtime Pay?
A number of lawsuits filed on behalf of casino floor workers in supervisory/managerial positions allege that the employees were misclassified as “exempt” from overtime pay.
What Does That Mean?
Under federal law, some workers are classified as “exempt” employees – meaning they are not entitled to overtime pay. Most employees, however, are “non-exempt” and should receive time-and-a-half wages when working more than 40 hours per week.
So, What’s Happening with the Casino Workers?
It is believed that some casinos are wrongfully classifying pit bosses, games supervisors and similar workers as exempt from overtime. Casinos may be doing this because they don’t understand the law – or because they’re trying to save money.
Lawsuits claim that some casinos are misclassifying supervisory/managerial casino floor workers as exempt under either the “executive” exemption or the “administrative” exemption.
The Executive Exemption
To even be considered for the “executive” exemption, the employee must be paid at least $455 per week on a salary or fee basis. Then, he or she must meet three additional criteria.
One of these criteria requires that the worker manage the company or at least part of it.
Lawsuits claim that floor managers, games supervisors and similar employees cannot be considered “exempt” executives because they do not:
Interview, hire, fire or train employees
Set or adjust pay for employees
Handle employee complaints or grievances
Plan or control the casino’s budget
Monitor or implement legal compliance measures
It’s not uncommon for employees to have “manager” or “supervisor” as part of their titles without performing any job tasks that would make them exempt. It important to remember that job duties – not job titles – determine whether a worker is exempt from overtime pay.
The Administrative Exemption
Like the executive exemption, the administrative exemption also requires that the employee earn at least $455 per week on a salary or fee basis.
Exempt “administrators” must also:
Perform work directly related to the management of the company or its customers
Exercise discretion and independent judgment regarding matters that are important to the business’ operation
Lawsuits claim that floor supervisors and other casino floor managers do not meet these criteria.
According to the suits, the workers’ jobs are directly related to the table casino games only – and not the management of the casino as a whole. Floor supervisors and others don’t work in areas such as accounting, marketing, human resources, employee benefits or safety and health – areas typically associated with a company’s “general operations,” the suits claim.
Likewise, it’s been alleged that the workers act at the direction of their supervisors and do not have the authority to make choices themselves regarding significant matters.
What Could I Get from a Lawsuit?
A lawsuit can help casino workers who weren’t paid properly recover any unpaid wages they are owed. It has been alleged that in addition to misclassification, some casinos are requiring employees to work off the clock by attending pre-shift meetings. A lawsuit could help collect wages for this time, including overtime pay in cases where the meetings pushed employees’ total weekly hours past 40.
Furthermore, a lawsuit could help change the company’s pay practices and serve as a warning for other casinos.