March 10, 2026 -- A putative class and collective action lawsuit is pending against Tropicana Atlantic City for allegedly failing to pay its table games dealers properly under state and federal law. ​

 

The lawsuit seeks to recover unpaid wages for table games dealers who worked at Tropicana within the last three years under federal law and within the last six years under New Jersey state law. 

 

Eligible persons can submit a Consent to Join form to participate in the case.

 

The complaint alleges that Tropicana violated its employees’ rights by maintaining an unlawful tip pool for two reasons: 

 

First, Tropicana requires its table games dealers to perform excessive non-tipped work exceeding 20% of their workweek, including pre- and post-shift time, waiting time, and mandatory breaks.  As a result, the law treats them as non-tipped workers who do not customarily and regularly receive tips. 

 

Thus, Tropicana's decision to include this time in their mandatory tip pool means that Tropicana is requiring table games dealers to pool tips with employees who do not customarily and regularly receive tips, which voids the tip pool under both state and federal law. ​

 

Second, Tropicana retained tip pool funds by using them to defray the administrative costs of maintaining the tip pool.  Tropicana requires dealers to perform the administrative task of counting tips, and then pays those dealers out of the tip pool to perform that function, which also voids the tip pool under both state and federal law. 

 

The complaint seeks as damages: (1) the difference between the base wage and the full minimum wage for all hours worked by table games dealers during the applicable time period, (2) the amount of tips that Tropicana used to pay workers for time spent on non-tipped tasks, and (3) liquidated damages (i.e., an additional amount equal to 200% of the amount of the unpaid wages due as liquidated damages, as provided for under New Jersey law).  

 

The case is Oshea v. Tropicana Atlantic City Corp. d/b/a Tropicana Atlantic City, Case No. 1:26-cv-02479, pending in the U.S. District Court for the District of New Jersey.

 

For additional information, please contact:

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Ryan L. McClelland

McClelland Law Firm, P.C.  

200 Westwoods Drive

Liberty, Missouri 64068

ryan@mcclellandlawfirm.com

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Alexander T. Ricke

Stueve Siegel Hanson LLP

460 Nichols Road, Suite 200

Kansas City, Missouri 64112

ricke@stuevesiegel.com

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