EVANSVILLE, Ind. (WFIE) - Tropicana Evansville/Aztar Indiana Gaming Company LLC. is facing a class action lawsuit over allegations of violations of Indiana’s wage payment statute.
Alex Ricke, an attorney leading the case, says that they first started talking with Tropicana Evansville employees who tried to opt in on another case against a casino in St. Louis.
“Just through those interviews and conversations with those workers, we were able to figure out pretty quickly what was going on,” he said.
Ricke said that in Indiana, workers who make a certain amount in tips can be paid below minimum wage, so long as the lost wages are made up for by tips.
The law says that kind of arrangement is only legal if you provide a tip credit notice.
“You have to tell people who you’re paying less than minimum wage that you’re paying them less than minimum wage, you’re taking a tip credit against your minimum wage obligations, the amount of that tip credit, that they’re allowed to keep all their tips,” Ricke explained.
The lawsuit alleges that Tropicana Evansville did not provide a credit notice.
Ricke said that can lead to more lost wages in the form of overtime discrepancies.
“If you don’t know the amount of the tip credit that you’re being paid, then you’re not able to calculate your overtime rate correctly,” he said.
The time and a half principle doesn’t just apply to hourly wages, so Ricke said employees need to know exactly how much they’re expected to be making.
The lawsuit also...
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