DENVER (Legal Newsline) – A Colorado woman is suing a staffing agency over claims it and its clients violated federal and state wage and overtime laws.
Isabel Valverde, individually and for all others similarly situated, filed a class-action lawsuit March 22 in U.S. District Court for the District of Colorado against Xclusive Staffing, Diane Astley, Omni Hotels Management Corp., Select Hotels Group, Marriott International, et al., alleging violations of the Racketeer Influenced and Corrupt Organizations Act, violations of the Fair Labor Standards Act, and violations of wage laws in several states.
According to the suit, Xclusive provides low-paid hourly employees to hotels like defendants Omni, Hyatt, and Marriott, and the company is owned and operated by Astley from Xclusive's Westminster, Colorado corporate office.
The suit states the U.S. Department of Labor has found Xclusive in violation of federal minimum wage and overtime laws at least five times, resulting in Xclusive promising to conform.
However, Xclusive's violations have allegedly continued. The suit claims Xclusive makes its employees pay to get paid, deducting $3 from each paycheck for the cost of issuing a check.
Xclusive also allegedly fails to appropriately track employees' time, deducting time for lunches while not permitting a lunch break and failing to provide 10-minute breaks required by Colorado law.
Valverde and others in the class seek to recover unpaid overtime, actual and statutory damages, liquidated damages, interests, and attorney fees and costs, plus a jury trial. They are represented by attorney Alexander Hood of Towards Justice in Denver.
U.S. District Court for the District of Colorado Case number 1:16-CV-00671-MJW