California and Nevada Hotel Workers Consistently Have Overtime Pay Miscalculated – Los Angeles Employment Attorneys Blumenthal, Nordrehaug & Bhowmik

by Norman B. Blumenthal on November 1, 2012

With the Las Vegas Strip, Disneyland, and Hollywood, California and Nevada are two of the most popular tourist destinations which employ two of the world’s largest hotel work forces. Operating 24/7, 365 days a year, recent lawsuits show hotel employers may be consistently miscalculating overtime pay for their hotel workers.

Melodee Megia, a fired worker of the Cosmopolitan of Las Vegas hotel, recently filed a lawsuit which alleges Cosmopolitan did not pay employees for all hours worked and shorted employees on overtime. Because of the similarities in how hotels operate, the allegations raised by Megia may be committed by many California and Nevada hotels.
• Not compensating uniformed employees for the time needed to change into their uniforms, wait for their uniforms, or walk from a locker area to their work stations.
• Employing timekeeping systems which round work hours down in 15-minute increments whenever employees punch in or out, including for meal breaks.
• Not including mandatory gratuities or service charges paid by hotel guests for room service as “bonuses/commissions,” thereby decreasing the regular rate of pay used to calculate overtime pay.

Under the Fair Labor Standards Act (FLSA), whenever a non-exempt employee works more than 40 hours in any scheduled week of work or more than 8 hours in any workday, the employee is entitled to overtime pay of 1.5 times an employee’s regular wage rate.

If you are a California or Nevada hotel worker who has been misclassified as exempt or salaried, or denied overtime pay for hours worked, contact Blumenthal, Nordrehaug & Bhowmik. Blumenthal, Nordrehaug & Bhowmik is an experienced California employment law firm with offices located in San Diego, San Francisco and Los Angeles. The firm dedicates its practice to contingency fee employment law work for issues involving misclassification as a salaried worker exempt from overtime, failure to pay vacation wages, misclassification as an independent contractor, off-the-clock work, wrongful termination, discrimination and other California labor laws.

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