Grand Sierra Resort and Casino Named in Lawsuit - KTVN Channel 2 - Reno Tahoe News Weather, Video -

Grand Sierra Resort and Casino Named in Lawsuit

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From the Thierman Law Firm:

Pursuant to the order of United States District Court Judge Larry R. Hicks, beginning June 3, 2014, over 4,700 current and former hourly paid employees of Reno’s Grand Sierra Resort and Casino (GSR) will be mailed a copy of an official federal court notice giving them the opportunity to participate in what is probably the largest wage and overtime lawsuit in Reno’s history.  According to Plaintiffs’ class counsel attorney Joshua D. Buck of Reno, Nevada, the mailing in the case of Sargant, et. al. v. HG Staffing, LLC; MEI-GSR Holdings, LLC d/b/a Grand Sierra Resort, Reno Federal Court Case No.: 3:13-CV-00453-LRH-WGC, allows all current and former hourly paid employees of the GSR to join in the federal court action to recover back wages and penalties for the time they spent working without compensation.  “Among other things, the lawsuit sets forth specific allegations that GSR wilfully deprived employees of pay for time they spent engaging in work related activities without compensation pre and post shift, such as retrieving keys, radios, cash, completing paperwork, and attending mandatory training sessions and pre-shift meetings,” Buck said.  Fellow Plaintiffs’ counsel Leah L. Jones states that “approximately 4,748 current and former employees who worked at the GSR from June 21, 2012 to the present will receive the Court approved Notice and a form to join the lawsuit.”  Both attorneys urge those who receive notice to complete the form and return it or they will not be entitled to participate in any award of wages, overtime and/or liquidated damages under the Fair Labor Standards Act (FLSA), the federal overtime law.  State law claims, including a claim for 30 days of pay for any employee who was terminated by the employer without payment in full of the wages he or she was due under this lawsuit, will be litigated later. 

The lawsuit seeks to recover up to one hour of unpaid wages per day per employee.  Although the exact amount of damages are yet unknown, Buck estimates that damages could exceed 50 million dollars for employees who performed work “off the clock”—i.e., before they clocked in and/or after they clocked out for the day.  Since each and every employee must swipe an employee badge upon entering the property, the amount of damages may be readily discerned by looking at the difference between the swipe upon entering the property and the clock-in time, and vice versa at the end of the work day. The suit also alleges a miscalculation of the overtime rate of pay.  In addition to the wage claims, Plaintiffs Rosie Boggs and Jacquelyn Weiderholt plan on filing an individual lawsuit for age discrimination in the coming weeks as soon as they exhaust their administrative remedies. 

The Court’s order for conditional class certification under the Fair Labor Standards Act was issued by Judge Hicks on May 5, 2014 and stated: “To the extent Plaintiffs’ allegations are based on personal observation and experience, the Court finds they are sufficient to establish that Plaintiffs’ positions are similar to that of putative class members. Accordingly, the Court concludes that conditional certification of a collective action is appropriate for each of the aforementioned plans, policies, or practices.”  Hourly paid managers are included in this lawsuit.

KTVN contacted the Grand Sierra Resort to get their side of this story and they told us that they ‘can not comment on pending legal matters.’
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