Rhode Island salon employee’s lawsuit gets a trim

Judge William Smith of the U.S. District Court for the District of Rhode Island recently entered a decision granting parts, but not all, of an employer’s request for dismissal. The court allowed the former employee’s retaliation charge to survive, but dismissed her claims for unpaid wages under the Fair Labor Standards Act (FLSA) and the state’s wage payment statute as well as her defamation claim. The decision provides a reminder that employees must tie their FLSA claims to unpaid minimum wages or overtime and that private individuals (as opposed to the government) lack standing to sue for alleged violations of the state’s Sunday and holiday pay statute.

Facts

Jaimie Santagata, a nail and wax technician for MiniLuxe, Inc., was terminated after allegedly walking off the job. She disputed that she had resigned voluntarily and claimed her termination was actually retaliation for taking a medical leave and complaining about wages. She alleged:

• She had complained about tips going missing from her tip envelope and the company not releasing the tips until she completed certain chores, requiring her to work through breaks; and
• She wasn’t paid time and one-half for working on Sundays and holidays.

Court’s decision