LINCOLN, R.I. (WPRI) — Dozens of employees at Bally’s Twin River Casino are suing its parent company for unlawfully calculating overtime payments.
Roughly 80 tipped workers, including servers, bartenders and dealers, claim Bally’s violated the Fair Labor Standards Act (FSLA) by undercounting their hours and not paying them the legal overtime rate.
The class action lawsuit, which was filed last month, states that Twin River didn’t account for tip credits when calculating employees’ regular pay rates.
Instead, Twin River paid employees an overtime rate that was one-and-a-half times the regular pay rate, which falls below the state’s required minimum wage.
“Twin River’s violations were willful, repeated and intentional,” the lawsuit states.
Twin River, according to the lawsuit, relies on a time-clock system that rounds the time employees punch in to the nearest 15 minutes.
But attorney Chip Muller, who’s representing the Twin River employees, said workers aren’t allowed to punch in more than seven minutes before the start of their shift.
“This means they would never be able to round down … in the employee’s favor,” Muller explained. “In other words, the rounding always was in favor of the house.”
Muller said it’s unclear at this time whether Twin River knowingly violated the FSLA.
“There are two options, right? [The first] is that they were ignorant of the law and were breaking the law unknowingly. The other is that they knew full well what they were doing and chose to break...
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