Colorado Newsbriefs:

In a move that has sparked conversation in the resort town of Telluride, Colorado, Ruth Rivas, a former housekeeper at the Peaks Resort & Spa, has filed a class action lawsuit against Telluride Ski & Golf in San Miguel County District Court. Rivas, who worked at the four-star hotel for 15 hours a day, seven days a week, alleges that the company has skirted Colorado wage and hour laws by splitting housekeepers' work into two different jobs.

Rivas, who is the named plaintiff in the lawsuit, states that she and her colleagues received two checks every 15 days, one from Telluride Ski & Golf and the other from Csaba Albas, a recruiter and subcontractor. This employment model, known as "workplace fissuring," is common in the construction and agricultural fields, as well as the ski industry.

The lawsuit alleges that Telluride Ski & Golf avoids paying overtime that Rivas and her colleagues were owed under Colorado labor law, which mandates that employers pay 1.5 times the regular rate for any hours worked over 12 in a day, 12 consecutively, or 40 in a week. However, the lawsuit does not specify how much Rivas believes she is owed in unpaid overtime.

Rivas, who is speaking on behalf of all employees living with injustices at the resort, stated that she felt that immigrants were not allowed to be sick or tired or have the right to make a complaint or say anything at the resort. She was fired from her job in January 2023 and blacklisted after bringing concerns about exploitative practices to management.

David Seligman, executive director of Towards Justice, supports Rivas' claims, stating that this arrangement is about control without responsibility and often correlates with exploitative practices. He further explained that companies use contractors and subcontractors to shed their role as direct employers and the responsibilities that come along with it, such as paid sick leave, overtime pay, health benefits, vacation, and workers' compensation.

Telluride Ski & Golf has not commented on the lawsuit as they have not seen it. However, it is worth noting that subcontracting is not illegal, but it is often associated with exploitative practices, according to Seligman.

The companies involved in employing Rivas and her colleagues at Peaks Resort & Spa before they filed their lawsuit were not specifically named. There are indications that other companies might have employed similar practices, but no detailed company names were disclosed.

This lawsuit serves as a call to action for the hospitality industry to reevaluate their employment practices and ensure fair treatment for all employees. As the case progresses, it will be interesting to see how Telluride Ski & Golf responds and whether this will lead to changes in the industry as a whole.