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UPDATE:
- The Court granted this settlement final approval March 7, 2022.
- According to the settlement website, Class Members can expect to receive their settlement checks approximately in early April.
A judge has approved a $6 million class action settlement resolving claims Wind Creek casino in Bethlehem, Pennsylvania, failed to appropriately pay its tipped employees.
The class action lawsuit, filed by a former table games dealer at Wind Creek Bethlehem, leveled several accusations, according to The Morning Call.
Wind Creek casino allegedly failed to notify its tipped employees of the appropriate tip credit provisions before it paid them less than minimum wage, in violation of the Fair Labor Standards Act and the state’s minimum wage act, The Morning Call reported.
In addition, Wind Creek Bethlehem also allegedly improperly deducted gaming license fees and other expenses from its employees’ wages, bringing their compensation below the minimum wage.
The plaintiff, who worked at the Wind Creek casino from August 2018 to October 2019, filed their class action lawsuit in March 2020.
During that period, the casino changed ownership from Las Vegas Sands Corp. to Wind Creek Hospitality, The Morning Call reported.
U.S. District Judge Joseph F. Leeson Jr. granted the settlement preliminary approval April 29, 2021.
The settlement agreement establishes two Classes: a Tip Credit Class and a Gaming License Class.
The Tip Credit Class includes any individual who worked for Wind Creek casino in Bethlehem, Pennsylvania, as an hourly, tipped employee earning a cash wage of $7.25 or less between March 24, 2017, and Dec. 8, 2020.
The Gaming License Class is made up of anyone who worked for Wind Creek Bethlehem as an hourly, tipped employee earning a cash wage of $7.25 or less between those same dates and who had a gaming license fee deducted from their wages.
The Wind Creek Bethlehem settlement involves 3,152 Class Members, according to the settlement agreement. This means each Tip Credit Class Member is expected to receive an average minimum payment of $2,088 and each Gaming License Class Member should receive an estimated $102.
Are you a Wind Creek Bethlehem employee? What do you think of the settlement? Let us know in the comment section below.
The plaintiff is represented by Alexander Ricke and George Hanson of Stueve Siegel Hanson LLP, Larry Weisberg and Derrek Cummings of Weisberg Cummings PC, and Ryan McClelland and Michael Rahmberg of McClelland Law Firm PC.
The Wind Creek Bethlehem Class Action Lawsuit is Jacob B. v. Wind Creek Bethlehem LLC, Case No. 5:20-cv-01602, in the U.S. District Court for the Eastern District of Pennsylvania.
Read About More Class Action Lawsuits & Class Action Settlements:
- Wynn Resorts Agrees to $5.6M Settlement Over Dealer Tip Sharing
- DoorDash Class Action Lawsuit Alleges That Drivers Are Paid ‘Substandard Wages’
- Google, Vaco Technologies Agree to $1.5M Settlement in Wage Class Action Lawsuit
- Amazon Will Pay $61.7M Settlement After Allegedly Pocketing Flex Drivers’ Tips
4 thoughts onWind Creek Casino Bethlehem Settles Tipped Worker Wage Class Action for $6M
I’m part of this lawsuit. But I haven’t received any check from them yet. I worked there since 11/17/2014 till 6/9/2019. I moved to a new place after I resigned there . I contact their office several times, and leave my name and phone number , they said someone will call me back but I never ever received any calls from them. What shall I do in this case? Ask for help
I am part of this lawsuit, and until now I haven’t received anything from sands ( wind creek) bethlehem. I worked there from 11/17/1014 till 6/9/2019 . I contacted their HR office for many times , they said they will let someone to contact me back , but never ever . I’ve changed my address when I resigned there. So I need them to send me a check to my new address . What shall I do ? Where shall I contact them ? Anyone can help?
I typed time wrong , I worked at sands bethlehem from 11/17/2014-6/9/2019
i believe i am part of this lawsuit worked there from 06/2014 until 02/2019. as a table games dealer.