LAS VEGAS (CN) – The Cosmopolitan hotel and casino stiffs workers on overtime, according to a class action led by a former employee who says she was fired when she was 8 months pregnant.
“The stated reason for plaintiff’s termination was that she said ‘bye bye’ instead of ‘good bye’ on the telephone to a room service customer,” according to the complaint filed in Clark County District Court by Melodee Megia. “This was merely a pretext as plaintiff had been subject to harassing conduct” because of her pregnancy.
The harassment included a supervisor mocking her when had to deliver a so-called “pleasure packet” of condoms to a hotel guest, according to the complaint.
The director of room service allegedly quipped: “Isn’t it too late for that? You should have thought about it before getting knocked up.”
Aside from the individual claims, Megia hopes to represent a class of 4,300 employees on overtime allegations. Megia says the Cosmopolitan forces its staff to change into their uniforms at a common locker room, but it does not pay them for the time spent changing, waiting for uniforms, and walking to and from the locker area.
The Cosmopolitan also rounds up hours to the detriment of its employees, who must punch in and out four times a day, including for meal breaks, according to the complaint. Megia says forced breaks cause workers to lose up to an hour a day.
The Cosmopolitan also shorts workers overtime pay by charging a mandatory room service gratuity, according to the complaint.
While a portion of the tip goes to workers, Megia says the hotel does not include bonuses and commissions in the regular rate of pay when calculating overtime.
Megia seeks payment of unpaid overtime wages for the class, and lost wages and punitive damages for the discrimination she allegedly suffered at the hotel.
She is represented by Mark Theriman.