High heels, overtime issues at casinos to be considered

Wednesday, Feb. 14, 2001 | 11:02 a.m.

CARSON CITY -- A group of cocktail waitresses told a Senate committee Tuesday that the high-heeled shoes required by many casinos have caused foot deformities and other problems.

And they asked the Senate Committee on Commerce and Labor to approve the protections that are outlined in Senate Bill 23.

Sen. Maggie Carlton, D-Las Vegas, who introduced the bill, said casinos require cocktail waitresses to wear shoes that include stiletto heels or other types of high heels.

"Women are being harmed," Carlton said. "And only women are being harmed."

The senator said hotels could relax their shoe standards without diminishing the waitresses' allure.

"Those who are looking at cocktail waitresses are not looking at their shoes," Carlton said.

Mary Cunningham, a cocktail waitress at the Mirage, said it was unfair "to tell a woman she has to wear high heels when they know it will deform her feet."

Linda Grable, a cocktail waitress for 20 years in Las Vegas, said the high heels resulted in long-time foot injuries. "I can no longer stand on my feet," she said. "We're old horses. I hope the testimony will help new employees."

Carlton's bill would prohibit an employer from hiring, disciplining or discriminating against a worker who has a "medical condition" that stops her from complying with the dress code of the business. The employee must submit a notice from a physician that shows she cannot follow the company policy. And if the employer still harasses or disciplines the worker, it could be fined up to $5,000.

Bob Ostrovsky, lobbyist for the Nevada Resort Association, said most casinos in Southern Nevada do everything to accommodate workers with injuries or medical conditions. For instance, he said, there are some casinos that have special uniforms for pregnant women.

This issue, Ostrovsky said, should be handled through union negotiations, not state law.

The bill, he said, does not define what a "medical condition" is and how long it has to exist. "This doesn't solve the shoe issue," he said.

SB23, he said, does not exempt anyone, including the small "mom and pop" casinos.

Carlton's bill also received support from the Alliance for Workers Rights, the Nevada Women's Lobby, the NAACP and the Nevada State AFL-CIO.

Committee Chairman Sen. Randolph Townsend, R-Reno, referred the measure for further study to a subcommittee composed of Carlton and Sens. Dean Rhoads, R-Tuscarora, and Ann O'Connell, R-Las Vegas.

The committee also heard testimony Tuesday on Senate Bill 24, a second Carlton bill that would stop employers from firing or disciplining workers who won't work overtime.

A barrage of opposition to this bill was unleashed by the Nevada Resort Association, the communications industry and other business owners.

Carlton called it a "family bill." For instance, a single parent may be forced to work overtime and can't pick up her son or daughter from the child-care center. In some instances, she said, the youngster is then placed in protective custody.

She said there are "other parts of our lives other than the eight to 10 hours we are at work."

The bill would exempt such professions as police, fire or other emergency workers.

But Ostrovsky said the bill would "have a negative impact on our ability to be a viable operation."

"People who come into work in gaming should be prepared to work an unusual job," Ostrovsky said. If the individual wanted to get off at a set time, he or she should work in retail where the business closes at the same time every day.

Ostrovsky said the casino industry doesn't like to pay overtime because it is very expensive. But he said there are peak times such as on holidays when it is impossible to avoid requiring workers to put in overtime.

In housekeeping, for example, Ostrovsky said guests on a Sunday may stay to 1 p.m. to watch a football game instead of checking out at 10 a.m. The casinos, he said, try to spread the overtime around. They ask for volunteers first, he said, and they try to give as much notice as possible.

This bill, he said "would upset the way the industry has worked for years."

Danny Thompson, executive director of the Nevada State AFL-CIO, said he supported the bill in concept. He said he knew of cases where single mothers forced to work overtime could not pick up their kids from their babysitters and the children were turned over to the county.

Thompson said overtime is written into the contracts of people doing work that could impact safety. He gave as examples furnace operators who have to keep working even if their relief does not show up.

Carlton said she does not want the law to violate any union contracts. And she said she would work with employers to make certain changes in the bill, which was referred to subcommittee for further study.