Pennsylvania casino sued for playing games with employee pay

A former dealer argues that the casino illegally paid wages that were below standard levels

The Wind Creek Bethlehem casino recently appointed a new CEO, right before the outbreak of the coronavirus turned into a global pandemic. Kathy McCraken is dealing with the repercussions of the disruption to the gaming industry caused by COVID-19 in the US and, now, she must deal with a lawsuit against the casino by one of its former employees. Jacob Bartakovits is suing the casino, alleging that the gambling facility is withholding fees relating to gaming licenses in an improper way, which he claims could be affecting a number of employees.

The lawsuit is being managed by the McClelland Law firm, which has plenty of experience in lawsuits against casinos all over the country. The issue revolves around a debate regarding how Wind Creek deducts and notifies fees to employees. According to federal law, an employee that is eligible for tips must be notified in advance if the employer will be paying tipped employees less than the minimum wage after deductions. Failing to do that means that the employees can request the established minimum wage rate. George Hanson, attorney of the law firm said, “Over the past five years we have successfully represented over 10,000 hourly and tipped employees in the gaming industry. We have been investigating this case for several months and look forward to moving it forward as quickly as possible to get unpaid wages back into the hands of employees.”

Bartakovits worked for the casino from August 2018 to October 2019. He is seeking reimbursement for the payments he was entitled to get based on the regular minimum wage, including overtime wages. Another attorney from the firm, Ryan McClelland told Casino.org, “We estimate that hundreds of employees will be affected by the claims asserted in this lawsuit. All hourly, tipped workers employed within the last three years are eligible to join the case.”