Telluride, Colorado β A resident of San Miguel County has initiated a class action lawsuit against Telluride Ski and Golf (TSG), alleging violations of labor laws and wage theft. The lawsuit, filed on Wednesday in San Miguel County District Court, claims that TSG, which operates The Peaks Resort and Spa, has failed to comply with pertinent wage regulations.
The primary plaintiff, Ruth Rivas, has been a Telluride resident since 2021 and worked at The Peaks as a housekeeper from June 2021 until January 2023. In her complaint, Rivas states that she often worked 15-hour shifts seven days a week, raising serious concerns about wage practices at the resort.
Rivas alleges that TSG engaged in wage theft by compensating her and other housekeeping staff through two separate entities. According to the suit, TSG paid Rivas for her afternoon shifts, while morning hours were handled by an LLC contractor, Csaba Albas. This dual-payment scheme reportedly allowed TSG to circumvent overtime regulations, thus diminishing earnings for workers who regularly clocked over 40 hours a week.
The lawsuit asserts that TSG is exploiting immigrant labor while shirking its responsibilities as an employer. Rivas claims that her typical workload resulted in approximately 105 hours weekly, which would include around 65 hours of overtime. Given Colorado’s minimum wage of $14.81, Rivas estimates that she and her colleagues may have lost over $75,000 due to wage theft during a typical year.
In addition to wage issues, Rivas points to another alleged violation: the failure to provide mandated 10-minute breaks for every four hours worked. The lawsuit contends that TSG exercised considerable control over the housekeeping staff, determining their hiring, scheduling, and conditions of employment, regardless of who issued their paychecks.
Rick Gomez, a member of the Mountain Village Town Council, expressed concern about wage theft in the area, stating that an investigation is warranted. Gomez emphasized the importance of accountability while allowing for the possibility that any discrepancies might be the result of innocent mistakes.
Guzman, a representative for Rivas, clarified that the class action aims to include every hourly housekeeping employee at The Peaks over the last six years, which aligns with the statute of limitations for wage theft in Colorado. Employees will automatically be included unless they choose to opt out.
Under state law, both Rivas and potential class members are entitled to recover unpaid wages along with additional compensatory damages and punitive measures aimed at preventing future violations. TSG has a window of 21 to 35 days to respond, depending on how the lawsuit was served.
Guzman commended Rivas for her courage in coming forward, highlighting the challenges associated with being a class representative in such cases. βIt takes a very brave individual to advocate not just for themselves but for their co-workers, especially when it involves asserting rights under difficult circumstances,β he stated.
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