The two employees of Elements Massage claim they were booted over their unionization efforts. Now they're kicking back.
Marcela SalazarLori Olcott had worked at the Elements Massage at 6365 East Hampden Avenue for nearly as long as it has been open; Crystal Pacheco started working there in 2016. The pair outlasted the franchise location's original owner, who sold the place to the Elements Massage corporate office in 2018; they outlasted the corporate office, which sold it to a new owner in 2020.
Then in March 2020, COVID hit, and everything changed. It"shut us down — shut the entire industry down," Pacheco remembers. "It was very disruptive [for us] because we already had....a very functional leadership team in place," Olcott says."The person who replaced [the old manager] was more [of a] micro-manager. They were forcing in their ideas without even taking the time to see how our studio was working as a baseline."
"All the ancillary duties that go along with performing a massage — cleaning and maintaining your equipment, writing client notes, doing intake — those are assumed to be included in the task of performing a massage," she adds. A spokesperson for the Colorado Department of Labor and Employment would not say whether the pay situation Olcott and Pacheco encountered during their time at Elements was illegal. But the spokesperson did refer to the CDLE's, a guideline policy that states:"Pay of at Least Minimum Wage is Required for All Time Worked, Not Just on Average by Week."
The tipping point came in late June 2022, when Demolli's DM Breathe LLC hosted an employee appreciation event for all of the studios under his ownership. During the party, someone from the regional level of management in the LLC approached an employee whom Olcott describes as"a very comfortably out gay man" and"jokingly called [him] a homosexual slur," she says. The worker later wrote up an incident report and filed it with human resources.
Still, the two continued their unionization efforts, and eventually held a vote with their former co-workers last October. The employees voted unanimously to join Local 7.
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