Dealers at Wynn Wait on Ruling for their Tips
Thursday, February 18th, 2010Dealers at the Wynn Las Vegas have to wait a little longer before the official ruling on their tip-pooling is handed down. It won’t be until mid-May that the decision will be made as to whether or not the tip-pooling policy breaks state labor laws. Attorneys for the casino have asked the Nevada Labor Commissioner Michael Tancheck for more time to file briefs in the case. They are hoping that the additional briefs will delay Tancheck’s decision. A ruling was first planed for last January, but Tancheck pushed back the decision.
Back in December Tancheck decided that he needed more time to review the issue. Initially he was given 55 hours of testimony to base his decision on. He pushed the decision back to April because he was hoping to give himself enough time to hear the full argument and make an informed decision. Hearings on the Wynn tip-pooling policy began in July and concluded in October. Wynn dealers are asking Tanchek to find that the resort’s new tip policy violates state labor laws. They are asking him to award about 500 dealers $35 million in back pay and penalties.
Attorneys for Wynn have maintained that the tip policy complies with state laws. They said the resort’s tip-sharing policy allowing front-line resort employees to share dealers’ tips is comparable to a restaurant sharing tips between busboys, bartenders and waiters. Attorneys for both sides have said any decision by Tanchek will be appealed, probably to Clark County District Court, where dealers first challenged the policy in 2006. It is proving to be a long-standing battle and even if the casino gets their ruling, they most likely will still have to win other legal battles. The issue is akin to bartenders, busboys and waiters and their sharing in the tipping when it comes to restaurants. Legislators however are citing one difference: they aren’t at gambling facilities. That one distinction is putting many laws to the test—now is the time that all gambling laws and inner-workings are being gone over with a fine toothed comb. The reason is because as a nation the US is coming quickly upon legalizing and regulating gambling

