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View More Press Releases by Employee Benefits Security Administration [EBSA], U.S. Department of Labor

Press release:

DOL Finds The Mirage hotel and casino violated Family and Medical Leave Act

Issued by: Employee Benefits Security Administration [EBSA], U.S. Department of Labor

Date: Feb. 17, 2016

Food server receives more than $74K in back wages after federal labor investigation

February 16, 2016

Employer: MGM Resorts International, doing business as “The Mirage”

Site: 3400 Las Vegas Blvd. South, Las Vegas, Nevada

Investigation findings: The U.S. Department of Labor’s Wage and Hour Division in Las Vegas found that The Mirage, a hotel and casino resort, wrongfully terminated the employment of a banquet server based on his use of medical leave, which is protected under the Family and Medical Leave Act. While the employer reinstated the worker one year after the termination, the Mirage failed to pay him back wages for the time he would have worked, and failed to restore his pension hours and health benefits on a timely basis – all of which the law requires.  

Resolution: The Mirage agreed with the division’s finding and paid the employee $74,546 in back wages and fully restored his seniority, pension and health benefits.

Quote: “The Family and Medical Leave Act protects eligible workers from having to choose between work and family care or personal medical leave needs. The loss of a year’s pay was a tremendous hardship for this worker,”said Gaspar Montanez, district director for the Wage and Hour Division in Las Vegas. “The U.S. Department of Labor’s Wage and Hour Division is committed to protecting workers’ FMLA rights and educating both employers and employees about their rights and responsibilities under this law.”

Information: Under the FMLA, an employer cannot interfere with, restrain or deny the exercise of – or the attempt to exercise – any FMLA right by the employee. Companies may not discriminate or retaliate against an employee or prospective employee for having exercised or attempted to exercise any FMLA right. Specifically, an employer may not use an employee’s request for or use of FMLA leave as a negative factor in employment actions, such as hiring, promotions or disciplinary procedures.   

For more information about federal wage laws administered by the Wage and Hour Division, call the agency’s toll-free helpline at 866-4US-WAGE (487-9243), or the Las Vegas office at 702-388-6001. Information is also available at http://www.dol.gov/whd.

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View More Press Releases by Employee Benefits Security Administration [EBSA], U.S. Department of Labor


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