Former Wynn cocktail waitress takes reduced award in FMLA case

A former Wynn Las Vegas cocktail server has accepted a reduced payment from a jury damages award resulting from the casino property violating her Family and Medical Leave Act rights.

U.S. District Court Judge Andrew Gordon ruled that plaintiff Tiare Ramirez could accept a remittitur payment totaling $27,200.75, down from the jury award of $321,200, or go forward with a new trial after he found that the jury award was excessive.

In his July 29 ruling, Gordon said the jury award was flawed following a five-day trial that concluded Oct. 25, 2024, and granted Wynn’s request for a new trial regarding the award. But he said Ramirez could accept the reduced payment or the new trial. She chose the payment.

“In lieu of another trial on damages, she did accept the reduced amount but has reserved all rights including possible appeal,” Ramirez’s attorney, Christian Gabroy, said in an email. “We are so happy that the full amounts exceeded the jury verdict and it was conclusively determined that she was the prevailing party eight years after her wrongful termination and it was conclusively determined that the jury correctly found that the FMLA was violated in her termination. It’s a win against the Wynn and (she) still has not been paid.”

Representatives of Wynn Las Vegas owner Wynn Resorts had no comment on the matter.

The jury said the initial $321,200 award was for lost wages and compensatory, emotional distress and punitive damages, but the judge said the award could not be substantiated.

Ramirez initially filed the lawsuit against Wynn in 2019.

During the trial, testimony indicated Ramirez attended a March 21, 2017, gender reveal party with co-workers at Town Square Las Vegas before she was scheduled to work at Wynn Las Vegas that day. That day, she called in to say she could not work and was using Family and Medical Leave time off.

A Wynn employee started an investigation into the plaintiff’s potential misuse of FMLA on March 22, 2017. The investigation was delayed several times and Ramirez submitted a note from a physician indicating she would need additional time off through December 2017. She said she was suffering flare-ups from ankle problems as a result of wearing high heels. Wynn’s policy for cocktail servers is to wear high heels of at least 1¾ to 2 inches.

Pictures of her at the gender reveal party posted on Facebook showed her wearing high-heeled shoes.

By mid-September 2017, Ramirez had exhausted time off allowable through FMLA policy and through a collective bargaining agreement through her union.

But after completing the investigation, Wynn fired Ramirez on Nov. 2, 2017, and stated the reason for termination was “willful misconduct, dishonesty and misuse of FMLA-ADA.”

The jury denied that Wynn also violated Ramirez’s rights under the Americans with Disabilities Act.

Gordon’s ruling granted damages of $20,477.84 and prejudgment interest of $6,722.91.

Gordon also denied Wynn’s motion to sanction Ramirez’s attorney and Ramirez’s requests for a new trial on the FMLA action and for equitable relief.

Contact Richard N. Velotta at rvelotta@reviewjournal.com or 702-477-3893. Follow @RickVelotta on X.