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Battle looms for tip sharing

Wynn Las Vegas part of lawsuit defending policy

Wynn Las Vegas and a few nonprofit corporations representing businesses that depend on tipped employees are seeking to stop an attempt to roll back the resort's new tip policy.

The resort and the nonprofit groups filed a lawsuit Thursday in Carson City District Court to block a petition authored by critics of the resort's new tip-pooling policy.


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  • "There is a fear on Wynn's part that if it gets to the voters, it will pass," International Union of Gaming Employees director Al Maurice said. "There are too many tip earners in the state."

    The petition seeks to create a ballot initiative that would add language to an existing state labor law. The initiative would prohibit employers "from requiring the employee to share tips with certain other employees." It also would, according to its authors, define which employees would be eligible to participate in tip sharing.

    The petition was filed in late January by the PEST Committee, which is backed by the nonprofit union. Approximately 58,000 signatures are needed by Nov. 11 for the initiative to be considered by the Legislature in 2009. If enough signatures are collected, the petition would either be enacted into law by the 2009 Legislature or put to voters.

    However, Carson City attorney Bob Crowell, who is representing Wynn and the nonprofits, said the petition itself faces several legal problems, including violating a state law that requires petitions to deal with a single subject and some enforcement issues.

    In addition to Wynn Las Vegas, the plaintiffs are the Nevada Restaurant Association, the Retail Association of Nevada, the Nevada Motor Transport Association, Nevada Manufacturers Association and the Nevada Tavern Association.

    International Union of Gaming Employees Vice President Jack Lipsman said the union's attorneys are going through the lawsuit to try to come up with language for the initiative by the end of the month.

    Retail Association Chief Executive Officer and President Mary Lau believes that even though the initiative was apparently aimed at protecting casino dealers, a law could affect other industries. For instance, the proposed law could stop waitresses from sharing tips with busboys or change how tip jar proceeds are divided up at smaller restaurant counters.

    "There's a lot more questions than answers on this," Lau said. "It's like undoing employment law."

    Attempts to reach Wynn Las Vegas for comment were not successful.

    Assemblyman Bob Beers, R-Henderson, said the groups are fighting the petition because they believe if the initiative comes before voters it would pass. He helped author a bill during the 2007 Legislature that would have banned Wynn's tip-sharing policy. It was passed in the Assembly but died in a Senate committee.

    "I've been disappointed a lot by how the state gives one type of justice to the average working people and another type of justice to the powerful and wealthy. This is an example of it," he said.

    "It leaves the people of Nevada no other choice than to use the initiative process," Maurice said. "We need to bypass the Legislature because it is obvious the Legislature is owned by the casinos."

    The union, which operates more as an advocacy group than a working union, has been exploring legal avenues since Wynn Las Vegas added some managers to the list of people who qualify for a share of the lucrative tip pool at the casino.

    Contact reporter Arnold M. Knightly at aknightly@reviewjournal.com or (702) 477-3893.

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    Big Spender wrote on February 14, 2008 07:47 AM: Let me give you a tip!!! Get away from me!!! I'm not tipping anything for this neanderthals. If they don't like the job then go somewhere else. Go to the Fiesta, the players are so cheap with their tips that the employees quit and go and work somewhere else. It is like a revolving door there.


    Craig wrote on February 13, 2008 09:30 AM: When I tip a dealer, I always assumed it was shared by everyone 'behind the ropes' dealers, pit bosses, etc. The fact that it isn't seems pretty stupid. They are all giving me service.

    I've become very picky on dealers I tip. I all they do is deal and have no personality, they get nothing. In general, I've reduced my dealer tipping and increased it for housekeeping and drink service.


    douglas wrote on February 12, 2008 10:05 PM: "shill" is properly termed "game starter". never did that. i'm told it usta pay 30 or 32 a shift in the 60's. coolest shill was joe louis at caesar's who shilled the dice game. as i heard, he was so far in debt to uncle sam for back taxes, he couldn't get wages so they gave him rfb to shill dice games.

    otherwise usta see those at big bac games. the table would have a couple of dazzling ladies in evening dress and one balding, middle aged dude with his shirt half unbuttoned, a chewed up cigar, guess who was carrying the game ?

    as to any dealer wage policy, wynn isn't the issue. it's a matter of equalizing the wages within the casino staff. isn't that what the union promised... "livable wages" ? what's equitable for a month or two "education"... dealing school for the usual 3 games ? surely not over $15 or $20 an hour. add the benefits gained by culinary, arguably some of the best in the area, plus the edr food, and that sure sounds like "livable" to me.

    as to tokes, a great idea would be the macau method... tokes put into the dealers' wage kitty. if short, the joint makes up the difference. if over, unlike macau, perhaps nevada joints should donate that overage to charities as are the coins harvested from the water features.

    eveyone wins... dealers get a "livable" wage with no concern about good and bad toke days; no concern about being scheduled on dead games or the big 6; everyone gets the same wages per hour. the union gets their dues. employees are able to get a raise by moving to the floor. on big weekends, charities will get more. players won't enjoy the soft hustle for tokes. no toke committee skimming.


    snowflake wrote on February 12, 2008 08:33 PM: Dear Douglas:
    Do you really not know how to spell maybe?

    Are you a shill for Steve Wynn?

    Snowflake


    douglas wrote on February 12, 2008 04:00 PM: just like the show room captain tokes to get a better seat, so should disappear table games tokes. then perhaps the kickbacks to cab drivers from "gentlemen's clubs" for steering rubes into the joints could be 86'd.

    as to dealer "living wages", how much is fair for a month or so "education" ? my money says that if strip joints opened with a dealer wage of mebbe $20 with culinary equivalent health insurance, employee dining room, and mebbe some attendance bonus... the line for applicants would go out to pahrump. if present dealers were too good for those jobs, they could sell their skills to walmart as sales associates. the dealers schools will crank out any needed dealers.

    lost on players is that any added union generated benefit will be rounded up and added to the table game players' disadvantage. thus any new, extra cost of labor for table games will be laid on the backs of the players. i suggest that paying for that union protection via a larger house "vig" is enough without tipping on top of that.


    Andrea Feodorov wrote on February 12, 2008 03:18 PM: That may be so. But the end result of Wynn's actions (if he and his so-called "non-profits prevail) will be to sour players to ANY form of tipping. And douglas is right, the answer is to the problem is pay a living wage in the first place.


    douglas wrote on February 12, 2008 03:06 PM: as to benefiting a player, absolutely, positively the dealer is unable to "help" that player. "helping" is a felony, beyond loss of his or her gaming license, and a "jacket" preventing future employment in the industry.

    only the pit game supervisor can ever assist the player. that applies to arbitration of dealer errors, "rating" the player, and ultimately, issuing comps.

    the dealer's interaction with any player is strictly controlled by "procedure" and "mic's". any deviation from procedure can and should be "written up" by surveillance.

    thus if anyone should be "toked" it would be the pit staff or in those cases of a "rated" player, the player's casino host.

    those who think that the dealer enhances a player's win or loss are those who pay for the multi-billion dollar casino-hotels, bless their hearts.


    dennis1944 wrote on February 12, 2008 03:04 PM: Mr Wynn's tip "sharing" is nothing more than outright THEFT. Ya know, Steve, communists thought redistributing the wealth (that didn't belong to them in the first place) was "the thing to do", but look at them now. If I were one of your tipped employees I would file a complaint and have you arrested, booked and charged with grand theft. I will never even enter one of your properties again or take anyone else there. See the good will you are generating. Of course there is no such thing as BAD publicity, is there?


    Andrea Feodorov wrote on February 12, 2008 02:35 PM: When I leave a tip for a dealer, it's for the dealer, not the pit boss who's ready to place a call the moment I start winning. It's for the guy on the bottom, not the bosses and their stable of bootlickers.


    GOD wrote on February 12, 2008 12:43 PM: When I leave a tip, it is not only intended for the server, it also it intended to the water-person, bartender, prep-cook, cook, dishwasher, and everyone else responsible for my good service and a good meal.

    I don't know much about blackjack or dealing in general... but the question is this --- is the dealer solely responsible for the bettor's time or are they part of a team?


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