Until recently, Casino operators have been able to take advantage of a number of exemptions included in the FLSA. The act has largely remained unedited since 2004. However now, new laws should have a significant impact on casino workers overtime pay rights under the newly revised Fair Labor Standards Act
What Are Your Casino Employee Rights Under the FLSA?
If you work in as an hourly employee in a casino, you see your employer taking a lot of money from players. Don’t let your employer take money from you as well. These are examples of wage theft prohibited by federal law:
Not paying overtime. You are entitled to 1 ½ times your hourly pay for every hour you work over 40 hours each week.
Not paying for the time you worked off the clock. Your employer must pay you for the time it requires you to work before or after you punch the clock or to work through breaks or meals.
Misclassifying you as an hourly employee to avoid paying overtime.
Requiring you to participate in an illegal tip pool.
Not keeping complete records of your time.
You may be protected by federal hour and wage laws even if you work at a casino on tribal property. If your employer does not pay correctly, contact an experienced wage attorney who can tell you whether you have a claim.
A List of Successful and Pending Lawsuits for Casino Workers Unpaid Wage Claims
This list includes available lawsuits in selected states.
ARKANSAS
Casino workers lawsuit for unpaid overtime wages
No recent settled lawsuit
No recent pending lawsuit
Casinos in state
Yes
ALABAMA
Casino workers lawsuit for unpaid overtime wages
Casino workers lawsuit for unpaid overtime wages
No recent settled lawsuit
No recent pending lawsuit
Casinos in state
ARIZONA
Casino workers lawsuit for unpaid overtime wages
No recent settled lawsuit
No recent pending lawsuit
Casinos in state
CALIFORNIA
Casino workers lawsuit for unpaid overtime wages
Recently settled lawsuits
Drayton v Hollywood Park Casino. In 2017 plaintiff and other hourly workers settled their class action for unpaid overtime wages and other wage claims for $675,000.
Recent pending lawsuit
Tamaki v Club One Casino. Casino Workers sued the casino for unpaid overtime and other wage theft
Casinos in state
Yes
COLORADO
Casino workers lawsuit for unpaid overtime wages
No recent settled lawsuit
No recent pending lawsuit
Casinos in state
Yes
CONNECTICUT
Casino workers lawsuit for unpaid overtime wages
No recent settled lawsuit
No recent pending lawsuit
Casinos in state
Yes
FLORIDA
Casino workers lawsuit for unpaid overtime wages
Recently settled lawsuit
Pending lawsuit
In 2017, Paul Slack, a dealer, filed a class action suit against his former employer Isle Casino Racing Pompano Park for violating minimum wage and overtime laws
Casinos in State
Yes
ILLINOIS
Casino workers lawsuit for unpaid overtime wages
No recent settled lawsuit
No recent pending lawsuit
Casinos in state
Yes
INDIANA
Casino workers lawsuit for unpaid overtime wages
No recent settled lawsuit
No recent pending lawsuit
Casinos in state
Yes
MARYLAND
Casino workers lawsuit for unpaid overtime wages
No recent settled lawsuit
Recent pending lawsuit
In 2014, dealer trainees filed a class action lawsuit on behalf of 831 trainees against PPE Casino Resorts Maryland LLC, which operates the Maryland Live! casino, for failing to pay wages for training and meetings.
Casinos in state
Yes
MASSACHUSETTS
Casino workers lawsuit for unpaid overtime wages
No recent settled lawsuit
No recent pending lawsuit
Casinos in state
Yes
MICHIGAN
Casino workers lawsuit for unpaid overtime wages
No recent settled lawsuit
Recent pending lawsuit
In 2014, about 200 floor supervisors sued the Detroit MGM Grand Casino for improperly classifying them and failing to pay overtime wages among other wage theft claims
Casinos in state
Yes
MISSOURI
Casino workers lawsuit for unpaid overtime wages
No recent settled lawsuit
Pending lawsuit
In 2015, Albert Astarita, a dealer, sued Ameristar Casino Hotel for unpaid overtime pay and for his losses from other federal wage law violations
Casinos in state
Yes
MISSISSIPPI
Casino workers lawsuit for unpaid overtime wages
No recent settled lawsuit
No recent pending lawsuit
Casinos in state
Yes
NORTH CAROLINA
Casino workers lawsuit for unpaid overtime wages
No recent settled lawsuit
Recent pending lawsuit
In 2017, Joseph Clark filed a class action against Harrah’s NC Casino LLC on behalf of more than 1,000 gaming floor employees alleging his employer failed to pay overtime compensation and violated other federal and state labor laws
Casinos in state
Yes
NORTH DAKOTA
Casino workers lawsuit for unpaid overtime wages
No recent settled lawsuit
No recent pending lawsuit
Casinos in state
Yes
NEBRASKA
Casino workers lawsuit for unpaid overtime wages
No recent settled lawsuit
No recent pending lawsuit
Casinos in state
Yes
NEW JERSEY
Casino workers lawsuit for unpaid overtime wages
No recent settled lawsuit
No recent pending lawsuit
Casinos in state
Yes
NEW YORK
Casino workers lawsuit for unpaid overtime wages
No recent settled lawsuit
No recent pending lawsuit
Casinos in state
Yes
OHIO
Casino workers lawsuit for unpaid overtime wages
Recent settled lawsuit
In 2016, the parties settled for $775,000 Oberfoell v Horseshoe Casino Cincinnati a class action brought by casino workers alleging failure to pay overtime.
No pending lawsuit
Casinos in state
Yes
OKLAHOMA
Casino workers lawsuit for unpaid overtime wages
No recent settled lawsuit
No recent pending lawsuit
Casinos in state
Yes
PENNSYLVANIA
Casino workers lawsuit for unpaid overtime wages
Recent settled lawsuit
In 2015, the parties settled the class action Yanchak v Cannery Casino Resorts LLC for $350,000. The plaintiffs alleged unpaid overtime and other wage law violations
No pending lawsuit
Casinos in state
Yes
SOUTH CAROLINA
Casino workers lawsuit for unpaid overtime wages
No recent settled lawsuit
No recent pending lawsuit
Casinos in state
Yes
TEXAS
Casino workers lawsuit for unpaid overtime wages
No recent settled lawsuit
No recent pending lawsuit
Casinos in state
Yes
UTAH
Casino workers lawsuit for unpaid overtime wages
No recent settled lawsuit
No recent pending lawsuit
Casinos in state
No
WASHINGTON DC
Casino workers lawsuit for unpaid overtime wages
No recent settled lawsuit
No recent pending lawsuit
Casinos in state
No
WEST VIRGINIA
Casino workers lawsuit for unpaid overtime wages
No recent settled lawsuit
Recent pending lawsuit
In 2017, dealer Linda Barrick filed a class and collective action against PNGI Charles Town Gaming LLC alleging wage law violations including operation of an illegal employee tip pool
Casinos in state
Yes
WISCONSIN
Casino workers lawsuit for unpaid overtime wages
No recent settled lawsuit
No recent pending lawsuit
Casinos in state
Yes
Contact an Experienced Wage Law Attorney if You Are A Casino Worker and Have Unpaid Wage Claims
To get the money you deserve, call Lemberg Law at 475-277-2200. Our employment lawyers will review your case and give you no-nonsense answers to your questions.
About the Author:
Sergei Lemberg is an attorney focusing on consumer law, class actions related to automotive issues, and personal injury litigation. With nearly two decades of experience, his areas of practice include Lemon Law (vehicle defects), Debt Collection Harassment, TCPA (illegal robocalls and texts), Fair Credit Reporting Act, Overtime claims, Personal Injury cases, and Class Actions. He has consistently been recognized as the nation's "most active consumer attorney." In 2020, Mr. Lemberg represented Noah Duguid before the United States Supreme Court in the landmark case Duguid v. Facebook. He is also the author of "Defanging Debt Collectors," a guide that empowers consumers to fight back against debt collectors and prevail, as well as "Lemon Law 101: The Laws That Lemon Dealers Don't Want You to Know."
I was an employee at Pechanga Resort and Casino for 5 years. I resigned on 2-10-2019 on my own. I applied for a couple of positions that open a couple of weeks ago. I was sent an video interview for last week for a supervisor position. HR just called me and told me I could not be hired anywhere at Pechanga. My understanding is you can’t be hired for 6 months after resigning. They can keep me from going back to the same department but not to other departments. But that should not even do that I didn’t leave on bad terms. I believe someone from my old department told HR to give me a no rehireable status. I know people who have been fired from their departments but were hired in another department. I feel like they are black balling me from the whole casino and that is not fair. I enjoyed working at Pechanga there were some issues in my department that I could not do anymore so I resigned on my own free will. Do I have any rights? Thank you
I was an employee at Pechanga Resort and Casino for 5 years. I resigned on 2-10-2019 on my own. I applied for a couple of positions that open a couple of weeks ago. I was sent an video interview for last week for a supervisor position. HR just called me and told me I could not be hired anywhere at Pechanga. My understanding is you can’t be hired for 6 months after resigning. They can keep me from going back to the same department but not to other departments. But that should not even do that I didn’t leave on bad terms. I believe someone from my old department told HR to give me a no rehireable status. I know people who have been fired from their departments but were hired in another department. I feel like they are black balling me from the whole casino and that is not fair. I enjoyed working at Pechanga there were some issues in my department that I could not do anymore so I resigned on my own free will. Do I have any rights? Thank you