Wynn Las Vegas Server Can Take FMLA Damages Cut or Face Re-Trial

Wynn Las Vegas LLC was right that a jury’s $321,200 award to a cocktail server for interference with her medical leave rights didn’t account for her earnings in a new job, a federal judge ruled.

That made the award excessive, and she can either accept $20,478 instead or face a new trial on her damages under the Family and Medical Leave Act, the US District Court for the District of Nevada said Wednesday. Her lawyer argued during the trial that the server would’ve earned $301,280 if she’d worked full-time for Wynn following her medical leave instead of being suspended and ...