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StumbleSecurity officers sue Tropicana over alleged unpaid wages
Friday, Sept. 4, 2009 | 1:45 p.m.
The Tropicana hotel-casino in Las Vegas faces a lawsuit claiming its security officers have not been paid required overtime wages.
Las Vegas attorney Sharon Nelson filed the lawsuit Wednesday against the Tropicana in Clark County District Court and is seeking to have it certified as a class-action representing current and former officers.
The Tropicana had no immediate comment on the litigation, a spokeswoman said Friday.
The lone plaintiff in the lawsuit, Antonio Barnes, and other officers have been required to attend off-the-clock security briefings 15 minutes before the start of their shifts. The officers were required to clock in after the briefings, the lawsuit says.
The lawsuit says this alleged practice has been going on for at least two years and involves hundreds of current and former officers.
The practice caused the officers to work more than 40 hours per week without receiving overtime payments in violation of the federal Fair Labor Standards Act, the lawsuit charges.
The lawsuit seeks an order requiring the resort to stop violating the federal law as well as unspecified general, punitive and statutory damages; and attorney's fees. Statutory damages under the federal law could include back wages.
The Las Vegas Tropicana emerged as a standalone company from the Tropicana Entertainment LLC bankruptcy case in July.
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This does seem to be a little excessive. To think that you had to show up 15 minutes early for orientation or updates, and then you sue for lost wages is chickensh*t. Obviously, in this economy, most of the plaintiffs are laid off, and are reaching for anything. And the lawyers are a disgrace, probably tired of chasing ambulances. What a bunch of losers.
Poor baby! 15 minutes out of his day. Probably takes him longer than that to drive to work. Are they supposed to pay for his drive time, too? Quit whining. Should be glad he even HAS a job in this economy. If he wants to get paid for EVERY minute he's at work, then he should be WORKING during every single minute of his shift; which I doubt he is...maybe he owes THEM some money for THEIR lost time! Quit being so picky about 15 minutes!
If the 15 minute briefings were mandatory then they should have been allowed to clock in at the beginning of the meeting which would have been the start of their workday.
I doubt if hotel security guards make much money to begin with so why add to their misery by forcing them to work for free.
all of harrahs properties do this w/thier dealers.they're supposed 2 report 2 the floor 15 minutes b 4 thier shifts 4 whats known as a buzz session.it happenns every day.after the session the dealers r then 2 clock n and begin thier shift.i allways felt that it was wrong and that the dealers should b compensated 4 the overtime that they were required 2 put n.walmart was forced 2 pay a huge judgement 4 forcing thier employees 2 work off of the clock.im told that encore also has a weekly off the clock meeting 4 the dealers 2 attend every sat 15 minutes b 4 thier shifts began and afterwards they're 2 clock n and do thier regular shift.how long will these big-time employers b allowed 2 exploit thier employees n this manner.hope the security guards get thier back pay,overtime and punitive damages.what makes these companies think that they can make thier employees work 4 free.u can bet the bosses making these decisions dont work 4 nothing.
Shift changes need overlaps for communication and security officers know this is a reasonable and standard practice. Now they are standing on ceremony and have decided to sue the new owners. How brave!
Regardless of the reason and how much time is involved, if an hourly employee is required to be at work at a certain time, they must be paid...PERIOD. There is a reason for this law. If not the case, at what point is the company required to make payment? Bottom line is the Tropicana is guilty of mandating employees to be on the job before said employees have clocked in.
Thanks Kenodave. It is as simple as that.
One would certainly think the various Casino's legal departments would have caught this "gap in pay" and notify managment of a "federal law violation" long before any suit was filed in Court. I would certainly explore the competency of my legal staff if they had not made note of this action prior to this suit. It is a pretty basic knowledge type violation --- and others doing the same had better take corrective action immediately or I am sure, this exposure will bring a few more attorneys to the fore front on the matter.
15 minutes a day, 5 days a week, 50 weeks a year for two years. If they were making $12.00 an hour that is $2250.00 of OT, Per security officer.
How many of the naysayers above would care to give up that sort of money?
Not to mention taxes that should have been paid out of that. So not only are they stealing from their employees they are stealing from everyone as well.
What is the Tropicana giving away? What business on Earth would possibly agree to giving up that sort of money? If a business leader did it people would call that business leader an idiot. So why would anyone expect employees to do so? Out of some sense of loyalty to their mom and pop employers? Out of some sense of "duty" to the casino? Because they don't want to be complainers or "babies"?
Firefighters wouldn't do it. Metro certainly (and rightly) wouldn't do it.
What are the chances that the Tropicana attorneys are just give 15 minutes of their time to the casino every day?
Just curious. If you are off the clock and on company property attending a company-required meeting are you covered by workman's compensation if you're injured?
Don't quit a job you feel underpaid for - sue your employer instead. I would bet dollars to donuts that these "exploited" individuals would not be hired by those that knew their work ethic to begin with - but admittedly that is unfair to speculate with. But employees who lie in the weeds and sue after the fact touch a nerve because they want the job but not the work.
Sub school teachers have to show up 30 minutes early to their assignments. You don't see Substitutes crying about the extra time.
Hope the new owners of Trop do something with this worthless hotel. The Sun should do a story about the crooked box men and craps table workers that bilk customers.
That is exploitation, come in on non-working time to hear about work during a daily meeting. Years ago Best Buy had to pay all their employees for telling them to arrive 30 minutes early everyday but don't clock in until you have to work. Made the lawyers so much money, but the employee's got only half of what they deserved.
Just because substitute teachers aren't "crying" about extra time doesn't mean anyone else should be expected to volunteer for corporations.
I applaud teachers doing extra for their students but no one would blame them if they didn't. To expect someone to do free work for a casino? Ridiculous.
harrahs has off the clocks daily meetings n a large majority of their departments
I'm betting that these guys were also paid for their breaks..i.e. 2 10 minute breaks and a half hour lunch break...paid for...so they dont have to clock in or out..it's pretty much a standard practice in the industry to have these before shift meetings...maybe trop should sue them for the time they were PAID to be on break...
EVERYONE IS ENTITLED TO THEIR OPINIONS BUT MCSTIX, BDOVER, EJCO1OO AND THE LIKE YOU'RE WAY OFF BASE ON THIS ONE. FIRST OF ALL I KNOW THIS YOUNG MAN AND HIS HISTORY! HE WOULD BE AND IS THE ONE TO GIVE YOU FIRST AID WHILE PARAMEDICS TAKE THEIR TIME WALKING TO YOU WHILE WATCHING THE COCKTAIL WAITRESSES THEN CALL YOUR FAMILY LETING THEM KNOW YOU'RE OKAY!
THIS OFFICER WILL STAY THERE UNTIL YOU WIFE OR HUSBAND ARRIVES THEN DIRECT THEM TO YOU ON HIS OWN DIME! BARNES IS THE ONE WHO WOULD ACTUALLY GIVE YOU MONEY OUT OF HIS POCKET SO YOU CAN GET A CAB BACK TO YOUR HOTEL AFTER FINDING YOU IN A DRUNKEN STUPER IN THE RESTROOM ABOUT TO GET ROBBED. HE HAS AND WOULD RISK HIS LIFE TO SAVE YOURS!
BY MILITARY STANDARDS THIS GUY WOULD BE CONSIDERED A FREAKING NAVY SEAL OR STEVEN SEAGAL TYPE, HE'S FOILED NUMEROUS ASSAULTS, DOMESTIC BATTERIES, ROBERIES AND A COUPLE OF RAPES. HE HAS BEEN CREDITED WITH SAVING TWO LIVES IN ONE MONTH, DOCUMENTED BY AMR PARAMEDICS PRESIDENT. NOT TO MENTION HE DID ALL OF THIS WHILE ENDUREING A MEDICAL CONDITION HIMSELF.
THIS "SECURITY GUARD" ACTUALLY CAME TO WORK WEARING I.V'S UNDER HIS SHIRT JUST TO KEEP FROM MISSING WORK AND LEAVING HIS SHIFT SHORT ON MAN POWER! SO, NO HE'S NOT WALKING AROUND PICKING UP CHANGE NOR SITTING ON HIS BUTT EATING DONUTS WHINING.
WITH ALL THE CRAP SECURITY OFFICERS ENDURE AS THE BUTT OF JOKES "RENT-A-COPS" AND SUCH I'D SAY THIS ONE IS NOT A BAD EMPLOYEE TO HAVE FOR $12.00! THIS GUY WORKED HIS LAST GIG FOR ABOUT SIX YEARS AND NEVER MISSED ONE DAY! HOW MUCH HAVE YOU SACRAFICED?