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JOHN L. SMITH: Janitors' lawsuit might dirty national image of Strip resorts

The workers appeared like apparitions out of the woodwork after most of the customers had gone home, cleaning and polishing some of the best restaurants, lounges and nightclubs in Las Vegas.

While the janitors were nearly anonymous, many of the establishments are renowned for their hip, high-end atmosphere. There's CatHouse at the Luxor, AquaKnox at The Venetian, Hard Rock Café, Trader Vic's at Planet Hollywood, Red Square and rumjungle at the Mandalay Bay to name a few.


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At such places, it's common for customers to drop more on a meal or a few drinks in a single night than members of the Bravo Pro Maintenance cleanup crew made in a week, or even a month. When the employees complained, there was no one to listen. The establishments hired their employer to provide a cleanup service. If the janitors had a problem, they needed to take it up with Bravo Pro.

Now some of those nearly anonymous workers have done that and more. Through attorneys Matthew Callister and Brooke Bohlke, a former Bravo Pro janitor has sued the company and accused it of exploiting workers, and in doing so has metaphorically indicted some of the most popular restaurants and nightclubs in Las Vegas for turning a blind eye to Third World employment practices. The class-action lawsuit accuses Bravo Pro of ripping off a couple hundred late-night janitors.

Callister admits he picked a tough time to take up the cause of a group of largely Spanish-speaking people with marginal immigration paperwork. After all, the local unemployment rate is a record 13.1 percent, and nationwide anti-immigration fervor is growing.

But, Callister reasons, what better time to focus on the need to protect the rights of all workers? People might discriminate, but federal labor law does not: Even illegal immigrant employees are protected.

"So many people need any job," he says. "People are willing to work for less and be stiffed on what they're entitled to because they're desperate. But that doesn't make it right."

Because the alleged employee abuse has been taking place under the noses of not only the upscale restaurant and nightclub owners, but the privileged casino licensees from whom they lease space, the Bravo Pro litigation threatens to reverberate nationally. In July, the Gaming Control Board fined Planet Hollywood $500,000 for failing to provide proper oversight of the notorious Privé nightclub, which leases space from the Strip resort. It's hardly a stretch to imagine the Bravo Pro case taking a similar course.

"When you have a private business operating within a privileged license-holder casino-hotel, is it something that the board should take an interest in or not?" Callister asked. "Obviously, I think it should."

The janitorial company is accused of promising to pay workers $1,300 every two weeks in exchange for 13-hour workdays, no time off and, of course, no overtime. Instead, the workers allege, the company immediately fell behind in paying them. When they finally were compensated, they averaged about $4.40 per hour for their time cleaning some of the fanciest rooms on the Strip.

Some angered Bravo Pro employees report having tried to secure work directly through the restaurant or nightclub. But they were rebuffed by management, which Callister asserts had full knowledge of the sweet deal it had cut with the maintenance company.

Bravo Pro representatives, former workers say, circulate through the Hispanic community, talking up the availability of janitorial jobs. There's been no shortage of workers willing to put in long hours for the promise of $7 per hour.

"They catch them in a kind of perpetual indentured servitude," Callister says. "It's a huge embarrassment, and it does appear to be, tragically, a case of Mexicans targeting entry-level Mexicans ... with the full knowledge and complicity of the owners of the restaurants who knew better or should have known you could not provide that service at that price."

The case not only invites scrutiny from the Department of Labor, which has a history of interest in such issues, but also opens the door for criticism from a savvy labor organization willing to raise workers rights issues on resort properties.

Meanwhile, the number in the phone book for Bravo Pro Maintenance has been disconnected.

Gone but not forgotten, its former employees threaten to haunt the resort industry.

John L. Smith's column appears Sunday, Tuesday, Wednesday and Friday. E-mail him at Smith@reviewjournal.com or call (702) 383-0295. He also blogs at lvrj.com/blogs/smith.

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Green Dragon Regular wrote on August 27, 2009 10:28 AM: @Two Cents-

I'm not sure you understand the nature and ramifications of that with which you respectfully disagree.

The person you referred to as an example, from what I understand, actually worked for the company that employed the illegals, either as a contractor or an employee. This is a diametric relationship to Bravo's clients.

Second, if a company is required to verify the legal status of every employee of any business it enters into contract with, where does it stop? This would create a litigeable position for any company that was turned down by a business for any service or product. Let's say a cleaning service doesn't get a contract because the prospective client learns that many of the service's employees are unverifiable or illegal. Then, let's say this same service discovers that the same prospective company gets supplies such as foods or liquor from a company that gets caught employing illegals on its loading docks or sources products from companies using illegals to harvest said products. The cleaning service could then sue the business for unfair practices.

What's good for the gander, then, would be good for the goose- do you shop at any grocery stores? Buy produce from them? See where this is going?

Burdening customers with a business' responsibilities is at best unfair, at worst unconstitutional.


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douglas wrote on August 26, 2009 08:13 PM: as i recall from the vietnam war era, draft age citizens were told to pack a bag when reporting for their physical. seems to me that they got on the bus minutes after passing the physical.

why shouldn't illegal infiltrators be immediately placed on the bus for repatriation if *ever* discovered during *any* gubmit service or police contact ?

when rodents or insects invade your home, at the least you compel them to leave, to return whence they came. the current neo-com[munist] agenda is to make the vermin pets, with equal household status to that of the collie. what's wrong with this picture ?


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Joe C wrote on August 26, 2009 07:41 PM: Two Cents
If people here really knew what was going on they would be angrier...got to go now. Good Night...

Agree completely.


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Joe C wrote on August 26, 2009 07:40 PM: okra,
I understand what you are sayig but the illegal aliens are as knowning about the adverse affect on citizens as business is, but don't care.
As guilty as the criminal business.


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Two Cents wrote on August 26, 2009 07:32 PM: Re: CrisR

If people here really knew what was going on they would be angrier...got to go now. Good Night...


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CrisR wrote on August 26, 2009 07:12 PM: Do the people of Las Vegas realize, that Bravo Pro IS hurting everyone that lives in this community. They are not paying unemployment taxes, employee taxes, or ANY taxes imposed on all business. We are loosing money whether these workers legal or illegal. Bravo Pro is STEALING from all of us in Las Vegas.


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Two Cents wrote on August 26, 2009 06:12 PM: I forgot to add that we were primarily young "white" kids cleaning that restaurant because that's the way it was back then and we never were cheated on our pay. Someone years later figured out that you could contract out cleaning for cheaper and the snowball started to roll...


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Two Cents wrote on August 26, 2009 05:43 PM: Re: Green Dragon Regular

I respectfully disagree about being able to check the status of contracted help. I know someone who just quit a cleaning company job after about two weeks because he figured out the vanload of "employees" he was hired to drive were undocumented and he could get in big trouble. It would not take long for these businesses to figure out what was going on but I suspect the price was right. I do agree this company is probably finished and in the future these nice restaurants will be more on the ball. I promise you Planet Hollywood will take a closer look at their "contracted" businesses from now on and others will follow suit.

PS. The person I know who quit the cleaning job is not a close friend and I do not know if this company was reported for its hiring practices. I do however believe this is a larger problem than we would like to believe. When I worked at a fast food place years ago I can honestly say the place was spotless! We (the employees) volunteered to work extra (paid) and broke down the equipment every night and cleaned it ourselves. What ever happened to those days!!!


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Two Cents wrote on August 26, 2009 05:29 PM: I don't have a lot of time to spend on this today but would like to add to what I said earlier...Many of these companies were almost exclusively "illegal" help, but I believe (from what I hear) that now many just hire enough "legals" to drive their vehicles because the police have been pulling these vehicles over and towing them for unlicensed drivers. Even in this economy they are still hiring "illegal" help and flaunting it in our faces. Personally, I would like to see Nevada enact an Arizona style law where these people that hire "illegals" get slammed hard. How much more of this are we going to put up with???


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Green Dragon Regular wrote on August 26, 2009 05:27 PM: @okra-

Newsflash wonderboy, only one business hired the people referred to in this story and that was Bravo. Restaurants and other businesses paid Bravo for a service, unaware that Bravo was a) employing illegals; b) paying them below mandated wage levels.

The offense and culpability for it is limited to Bravo. Or do you honestly think those that contracted with Bravo only did so because Bravo employed illegals? Are the resorts now supposed to investigate the source of every single product they purchase? How about you? How clean are your hands? Do you verify the production-harvest-supply chain of everything you purchase and consume? Because, by using this logic, if you've paid for anything that is a product of illegal labor practices, you are complicit.

Bravo's finished, and any other "Bravos" that come along won't find any business from Bravo's old customers.


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