Melodee Megia, a former Cosmopolitan of Las Vegas employee recently filed a lawsuit against the hotel claiming she, and potentially 3,000 other hotel workers, were not properly paid for their overtime
employee attendance, reports
Vegas Inc.Megia's suit asserts workers were not compensated for all of their hours worked, the hotel used a timekeeping system that rounded hours in favor of the employer and as a result, employees were shortchanged on overtime pay, the news source reports. For example, workers did not receive compensation for time spent donning uniforms, which the employer required take place at a common locker room on location.
The Fair Labor Standards Act (FLSA) establishes that waiting time should be considered when calculating an employee's total hours worked. It differentiates between employees who are engaged to wait and those who are waiting to be engaged. Workers who have been engaged to wait, such as secretaries waiting for assignments between tasks, are expected to be compensated for that time.
If the employer is found in violation of the FLSA for failing to pay employees for time spent changing uniforms, they could be subject to stiff penalties from the Department of Labor. In addition to recommending changes that will bring the employer's payroll practices into compliance, the DOL can also prosecute violators and fine them up to $10,000.
To avoid exorbitant penalties, employers can update their payroll systems to account for weaknesses in their
time attendance policies to ensure workers are paid properly.
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