Lady Luck Casino, Eldorado Resorts, Inc. and the casino’s director of operations are on the receiving end of a proposed collective and class action in which the plaintiff claims he and other table game dealers are owed unpaid wages.
The Lady Luck Casino, run by defendant IOC-PA, LLC, is located at the Nemacolin Woodlands Resort in Fayette County, Pennsylvania. According to the complaint, the defendants’ table game dealers are required to be at work, or “punched in,” at least seven minutes prior to their shift start times. Table game dealers are not paid for these seven pre-shift minutes, nor for seven minutes after their scheduled shift end times, the case alleges. From the complaint:
“Defendants’ ‘rounding’ policy intentionally deprived [the plaintiff] and continues to deprive class members of compensation for time worked, as it works only one way. Each and every day it deprived [the plaintiff] and [proposed class members] of wages for at least seven minutes of time at the outset of every shift, and at times deprived them of wages for up to seven minutes at the end of the shift.”
While federal law permits employers to round employee time up or down to the nearest quarter hour, such an arrangement must average out so that workers are fully compensated for all the time they actually work, the suit says.