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 Lawsuit website.
A lawsuit has been filed on behalf of similarly situated employees at Tropicana Evansville alleging that the company violated the Indiana Wage Payment Statute (“IWPS”) by (1) paying tipped employees less than minimum wage and claiming a tip credit without providing notice of the requisite tip credit requirements; (2) underpaying overtime to tipped employees by miscalculating their regular rate of pay; and (3) rounding down employees’ timeclock entries. Tropicana Evansville denies it violated the IWPS and contends that it paid employees consistent with federal and state law. Plaintiff Adams sought to represent similarly situated employees at Tropicana Evansville and to have the case certified as a class action. The Court granted that request in an Order dated February 25, 2022, which is why you are receiving this Notice. The Court has not decided which side is right. By granting class certification of the IWPS claims, the Court is not suggesting that Plaintiff Adams will win or lose the case.
The Court certified three groups of Tropicana Evansville employees as classes:
Group 1 – Tip Credit Notice Class
All hourly, non-exempt employees at Tropicana Evansville 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.
Group 2 – The Miscalculated Regular Rate Class
All hourly, non-exempt employees at Tropicana Evansville 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 to the present. All hourly, non-exempt Table Games Dealers at Tropicana Evansville who clocked in and clocked out using ADP timekeeping software at any time from June 18, 2018 to the present.
Group 3 – The Timeclock Rounding Class
All hourly, non-exempt Table Games Dealers at Tropicana Evansville who clocked in and clocked out using ADP timekeeping software at any time from June 18, 2018 to the present.
YOUR LEGAL RIGHTS AND OPTIONS IN THIS LAWSUIT:
|Do Nothing And Stay In The Case||Stay in this lawsuit. Await the outcome. Give up right to sue separately. By doing nothing, you keep the possibility of getting money or benefits that may come from a trial or a settlement. But you give up any rights to sue Defendant separately about the same legal claims in this lawsuit and will be bound by any rulings in this lawsuit.|
|Ask to be Excluded by October 31, 2022
||Get out of the lawsuit. Get no benefits. Keep right to sue separately. If you ask to be excluded and money or benefits are later awarded, you will not share in those. But you keep any rights to sue Defendant separately about the same legal claims in this lawsuit.|