Plaintiff alleges Defendant, Atlantis Casino Resort Spa, failed to comply with the federal requirements of the Fair Credit Reporting Act (“FCRA”) for obtaining and using background and credit reports to make employment-related decisions for prospective and current employees. Under the FCRA, an employer or prospective employer cannot “procure a consumer report, or cause a consumer report to be procured, for employment purposes with respect to any consumer, unless . . . a clear and conspicuous disclosure has been made in writing to the consumer at any time before the report is procured or caused to be procured, in a document that consists solely of the disclosure, that a consumer report may be obtained for employment purposes.” Plaintiff alleges that Defendant routinely violated FCRA and its core protections by procuring background and credit reports on employees and job applicants without providing a “stand-alone” disclosure that a background and credit report would be procured. Plaintiff also alleges that Defendant willfully included extraneous information such as a “release of liability” in an effort to shield itself from unlawful acts.
Additionally, Plaintiff alleges that employees engaged in off-the-clock pre-shift work such as retrieving a cash bank, but due to Defendant’s timekeeping policy employee time was rounded to the nearest quarter hour resulting in unpaid work. While rounding can be permissible, it is only allowed when the employee is not deprived of pay for work performed. Plaintiff further alleges that because Defendants’ policy disadvantages employees and deprives them of wages for recorded hours worked, they are entitled to the applicable minimum or regular rate of pay, and overtime rate of pay for all hours worked over forty (40) in a workweek.
Plaintiff demands for himself and for similarly situated individuals’ payment from Defendant at the minimum, regular, and/or overtime rate of pay for all hours worked during the relevant time period, 60 days of pay as continuation wage / waiting time penalties for violating the FCRA, together with attorneys’ fees, costs, and interest as provided by law.
This case is stayed pending mediation tentatively scheduled for late August 2025.
If you work or have worked at the Atlantis Casino Resort Spa at any time between December 9, 2021, to the present and have had a background and/or credit report run on you by your employer in the course of employment or when applying for employment that did not include a stand-alone disclosure, engaged in pre-shift work, and/or were subject to Defendant’s rounding policy, please contact Thierman Buck to discuss your rights.
Photo: prayitnophotography | License
