Tuesday, Feb. 10, 2009 | 2 a.m.
Document
A Las Vegas attorney has filed a class-action lawsuit on behalf of current and former banquet servers who claim the Venetian resort failed to pay them all of the overtime wages they are due.
Attorney Leon Greenberg filed the suit Jan. 29 in Clark County District Court on behalf of former Venetian server Steven Csomos and potentially more than 100 other employees.
Greenberg said that since July 1, 2005, when a new Nevada overtime law went into effect, the Venetian and other resorts have been required to pay overtime to these employees -- many of whom were previously exempt from overtime laws because they made too much money or received commissions in the form of gratuity or service fees charged to banquet customers.
"Defendant has either required or allowed the plaintiffs to work in excess of 40 hours per week without the payment of overtime wages," says the lawsuit.
The lawsuit argues the overtime rate should be based on a "regular rate" of pay consisting of the employee’s hourly rate and the per-job gratuity charges that were paid by the Venetian on a weekly basis.
The Venetian had no immediate comment on the allegations. Its policy is generally to not comment on pending litigation.
This isn’t the only Strip resort Greenberg has sued over the issue of overtime pay and the distribution of gratuity service charges to workers.
Last year, he filed a pair of class-action suits on behalf of Mandalay Bay banquet servers.
One suit alleged Mandalay Bay failed to turn the required amount of gratuity service fees over to the workers; the other alleged the workers were due overtime pay.
Both suits were dismissed in December by a federal judge, who found the disputes should have been arbitrated outside of court under the terms of the Culinary Union contract for the Mandalay Bay workers.
Greenberg has appealed those rulings to the 9th U.S. Circuit Court of Appeals, saying the courts are the proper place to enforce the state overtime laws regardless of what the union contract says about labor-management disputes.
The union arbitration issue shouldn’t be factor in the Venetian case, since it’s a nonunion property.
Greenberg argues in all of these lawsuits that the overtime laws serve the public interest.
"One of the major purposes of overtime law, as exemplified in (Nevada code), is to encourage employers to not work individual employees excessively long hours and to foster full employment and the betterment of society at large and the economy by encouraging employers to hire more employees rather than incur the additional costs of working fewer employees longer hours," his suit against the Venetian says.
In the spirit of Venice, The Venetian is a little piece of romantic Italy right here in Las Vegas. The Venetian is an "all-suite" hotel, with rooms accented with plush linens and Italian marble. The 4,027 suites are divided into two towers: The 36-story Venetian Tower that offers guests a taste of luxurious Las Vegas and the Venezia suites, which guarantee 12 floors of high-end elegance. The top five floors are the hotel's highest level of luxury with its private access, concierge lounge, upgraded features and even a dedicated staff.
Entertainment at the Venetian includes shows such as Tim and Faith - Soul2Soul, featuring Tim McGraw and Faith Hill, and Rock of Ages.
The flagship of Venetian nightlife is TAO, an ultra-hip nightclub located inside of TAO Asian Bistro. V Bar is The Venetian's super smooth ultra lounge, made by the owners of New York City's club Lotus and Los Angeles' super swank Sunset Room.
The Venetian features 19 restaurants including Thomas Keller's award-winning French restaurant Bouchon, Mario Batali's B&B Ristorante, Aquaknox for fresh seafood and the 42,000 square foot TAO Asian Bistro. There's also the food court inside the Canal Shoppes for those looking for a quick bite.
Guests can float along The Grand Canal Shops in an authentic Italian gondola ride and pass stores like Burberry and Kenneth Cole along the way. And if you haven't caught a real celeb, on the street in Vegas, you can head over to Madame Tussauds to check out a wax version.
Join the Discussion:
Check this out for a full explanation of our conversion to the LiveFyre commenting system and instructions on how to sign up for an account.
Full comments policy