Former Mount Airy Casino Table Game Employees File $5 Lawsuit

Mount Airy Casino Resort in Mount Pocono, Pennsylvania, is being sued by two former card dealers who worked there. 

The former employees, Jennifer Mak, and William Neidig, say in their class-action lawsuit that they were cheated out of tips and other financial compensation that belonged to them. 

This is the first casino-related news from Pennsylvania since a woman allegedly stole her mother's savings to gamble. 

Laws Allegedly Broken

Attorneys representing the plaintiffs claim that Mountain Airy violated several laws, including the Pennsylvania Minimum Wage Act, the Pennsylvania Payment and Collection Law, and the federal Fair Labor Standards Act. 

As of now, Mount Airy hasn’t responded to the lawsuit in the Middle District Court. 

As for the public comment, Mount Airy said it doesn’t comment publicly on pending litigation. 

For background, Mount Airy was developed by Louis DeNaples, who has ties to the Bufalino crime family. He was forced to transfer ownership to his daughter so the casino could receive a license. 

The Allegations in the Lawsuit

Mak and Neidig’s lawsuit alleges Mount Airy utilized a tip credit, allowing the casino to offset its tax obligations by deducting the difference between the dealers’ base wages and the federal minimum wage of $7.25 per hour.

However, due to Mount Airy failing to let the dealers know about the tip credit provisions, which is required by law, the lawsuit says the casino wasn’t allowed to claim the tip credit, and the difference should’ve been returned to employees impacted. 

The credit was claimed for both standard and overtime hours. 

The casino has also been accused of a mandatory tip pooling policy. The lawsuit alleges that Mount Airy violated laws by sharing tip money with employees on paid time off and non-tipped supervisors and managers. 

Also, the suit alleges that the casino used a time clock that rounded down hours, resulting in the casino's “failure to compensate its employees properly for all time worked.” On top of that, it says Mount Airy miscalculated overtime pay. 

The lawsuit seeks a jury trial and $5 million in damages, exclusive of interest, attorney fees, and other court costs. 

Mak’s Other Suit

In 2012, Mak accused Parx Casino of not accommodating her epilepsy disability. She claimed that her rights under the Americans with Disabilities Act were violated. She was terminated 6.5 months into the role. 

During her time there, Mak was undergoing table game training. She said she wasn’t hired due to her condition. 

Mak said a manager said they were concerned she could have a seizure on the game floor. During the interview, she said she spent time defending her condition and ability to do the job. 

The case was dismissed in Dec. 2013 after Parx and Mak settled out of court.