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Wages and Overtime Class Action Filed Against Cosmopolitan of Las Vegas

Las Vegas, NV:An employment class action lawsuit has been filed by a worker who was fired from the Cosmopolitan of Las Vegas, alleging she and other employees weren't paid for all hours worked and were not fully compensated for their overtime.

Melodee Megia filed the lawsuit, which is seeking class-action status to represent hourly workers at the property. The potential class of plaintiffs would consist of more than 3,000 of the property' 4,300 employees, the lawsuit states.

The suit alleges the hotel required uniformed employees to change into their uniforms at a common locker room but didn't pay them for the changing time, time spent waiting for their uniforms and time walking from the locker area to their work stations.

The complaint also claims the property' timekeeping system always rounded work hours in favor of the Cosmopolitan and, because it is based on 15-minute increments, employees could lose an hour of pay a day given that they punch in and out four times a day, including for meal breaks. Further, the suit alleges the workers were not paid for the time it took for uniform-changing and time-rounding policies.

Workers were also shorted on overtime pay because of a system in which hotel guests who ordered room service were charged for a service charge, or mandatory gratuity. Part of this tip was paid to hotel workers. But, the suit alleges, the hotel failed to include such "bonuses/commissions"in the regular rate of pay for purposes of calculating overtime pay.

The suit claims Megia actually was fired because of her pregnancy, which had advanced to eight months, "and the medical costs and other inherent costs."

"The stated reason for plaintiff' termination was that she said 'bye bye' instead of 'good bye' on the telephone to a room service customer,"the suit says. "This was merely a pretext as plaintiff had been subject to harassing conduct."

Employment and labor law attorney Mark Thierman, based in Reno, is representing the Megia and class. The suit demands employees be paid the alleged wages and overtime due them, which are unspecified, and that the property pay their attorney fees.

Las Vegas Cosmopolitan Wages & Hours Class Action Legal Help

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Published on May-15-12


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