Rodriguez v. The Majestic Star Casino, Hard Rock Northern Indiana, LLC, et. al.
July 19, 2022: This unpaid wage lawsuit was filed in the Hammond Division of the United States District Court for the Northern District of Indiana. The Law Office of Robert J. Hunt, LLC seeks to represent Table Games Dealers who work or worked for Hard Rock Casino Northern Indiana located in Gary, Indiana. This lawsuit makes numerous allegations regarding the Casino’s improper payment practices.
First, the lawsuit alleges the Casino requires all Table Games Dealers to participate in an unpaid meeting at the beginning of each work shift. Second, that the Casino uses a time-clock rounding policy, procedure, and practice that is used in such a manner that it results, over a period of time, in the failure to compensate Table Games Dealers properly for all time worked, resulting in minimum wage and overtime violations, as well as violations of Indiana’s wage payment laws. Third, that the Casino failed to properly inform its tipped employees of the required tip credit provisions prior to paying a sub-minimum direct cash wage and, as a result, the Casino may not claim a tip credit when paying its hourly paid Table Games Dealers. Fourth, the Casino required its Table Games Dealers to participate in an unlawful tip-pool wherein these Dealers’ tips were unlawfully distributed to management and unlawfully used to pay the Casino’s business expenses.
The allegations in this lawsuit are similar to those which have been made in other federal court proceedings, both in Indiana, and in other states for casino employees. Those other lawsuits have been favorably resolved on behalf of those other employees.
February 2, 2023 Update: Previously, on November 23, 2023, the Casino filed a Motion to Dismiss this lawsuit. On February 1, 2023, the District Court ruled in favor of the employee and denied the Casino’s Motion to Dismiss. In doing so, the Court stated the Casino’s Motion was “without merit.”
At present, nine current and former Table Games Dealers have filed consents to join this lawsuit.