Learn How This Case Affects Your Rights and Get Answers to Your Questions About the Case
Tropicana Evansville Case
Adams v. Aztar Indiana Gaming Company, LLC d/b/a Tropicana Evansville
Case No. 3:20-cv-00143-RLY-MPB
United States District Court for the Southern District of Indiana
Welcome to the Tropicana Evansville Settlement website.
If you worked as an hourly employee of Tropicana Evansville between June 2017 and the present, you may be entitled to a payment from a class and collective action lawsuit settlement.
Read the Notice carefully, as the proposed settlement will affect your rights. To receive proceeds from the settlement, you do not have to do anything in response to the Notice, as explained in further detail in the Notice and in the FAQ section.
The Notice is directed to members of the Settlement Class (composed of both a Tip Credit Notice Class, Timeclock Rounding Class, and Miscalculated Regular Rate Class) and the Settlement Collective (composed of the Gaming License Collective), as defined below:
- Settlement Class
- Tip Credit Notice Class: All current hourly, non-exempt employees of Tropicana Evansville, or former hourly, non-exempt employees who voluntarily separated, who were paid a direct hourly wage that was less than $7.25 per hour and for whom a tip credit was claimed at any time from June 18, 2018 to December 31, 2020.
- Timeclock Rounding Class: All current hourly, non-exempt Table Games Dealers of Tropicana Evansville, or former hourly, non-exempt Table Games Dealers who voluntarily separated, who clocked in and clocked out using ADP timekeeping software at any time from June 18, 2018 through June 30, 2021, and who received a Class Notice Form in the Litigation.
- Miscalculated Regular Rate Class: All current hourly, non-exempt employees of Tropicana Evansville, or former hourly, non-exempt employees who voluntarily separated, who were paid a direct hourly wage that was less than $7.25 per hour and worked more than 40 hours in any workweek from June 18, 2018 through April 20, 2022, and who received a Class Notice Form in the Litigation.
- Settlement Collective
- Gaming License Collective: All hourly, non-exempt employees of Tropicana Evansville who were paid a direct hourly wage equal to or less than $7.25 per hour and had a gaming license fee deducted from their wages at any time from June 18, 2017 through April 9, 2021, and who filed a Consent to Join form in the Litigation.
Tropicana Evansville denies the allegations in the Complaint. However, the Parties have agreed to settle this dispute for the purpose of avoiding further disputes and litigation with its attendant risk, expense, and inconvenience. The Court has not made any ruling on the merits of the claims, and no Party has prevailed in the lawsuit. However, the Court has reviewed and preliminarily approved this settlement.
YOUR LEGAL RIGHTS AND OPTIONS IN RESPONSE TO THE NOTICE:
| IF YOU DO NOTHING | By NOT submitting a request for exclusion, you will be bound by the release of the Released State Claims described in this Notice and you will receive in the mail a Rule 23 Settlement Check and/or an FLSA Settlement Check, representing your share of the settlement fund. |
| IF YOU SUBMIT AN OPT OUT REQUEST | If you timely request exclusion from the settlement, you will not receive a Rule 23 Settlement Check, and you will not be bound by the release of any of the Released State Claims as described in the Notice. However, you will still receive in the mail a FLSA Settlement Check representing your share of the settlement fund, if applicable. Note: If you are an Opt-In Plaintiff (meaning you previously filed a Consent to Join the Litigation), you are not eligible to opt-out of the settlement. |