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Wynn tip-sharing policy faces labor boss's review

State Labor Commissioner Michael Tanchek will take a second look at the controversial Wynn Las Vegas tip-pooling policy.

The Nevada Department of Business & Industry notified interested parties this week of a hearing scheduled for 9 a.m. March 19 at the Sawyer Building in Las Vegas.


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  • The hearing is for a wage claim filed approximately six months ago by a former Wynn dealer challenging the legality of the new policy and seeking $8,334 in unpaid tips, Tancheck said.

    Wynn Las Vegas attorney Greg Kamer was careful to point out that "it's a formal matter for this one individual, not a class action" covering all dealers.

    Tanchek said he will try to issue a final ruling within 30 days of the hearing.

    "It has yet to be formally argued in front of me," he said. "I'm interested to hear what (both sides) have to say."

    Tanchek's first look at the policy, which concluded that no state labor law was broken, was an independent review beginning in August 2006 following an outcry from dealers and inquiries from the media.

    During the first investigation, agents from Tanchek's office met with officials from Wynn Las Vegas and observed the new floor organization before issuing a ruling in September.

    The announcement of the review comes while an appeal of a class action lawsuit filed by two dealers sits before the state Supreme Court.

    Attorneys for the dealers are asking the state's high court to reconsider the dismissal of lawsuit challenging the legality of the resort's tip policy.

    On Dec. 6, District Court Judge Douglas Herndon dismissed the lawsuit after finding during a 70-minute hearing that dealers are not contract employees. Herndon said state law allows casinos to change their tip policies.

    Reno-based labor lawyer Mark Thierman, who represents the dealers in the lawsuit, said the timing of the hearing is curious because of the pending appeal.

    However, whatever the ruling is could affect the way the state's high court views the dealers' case.

    "It's certainly not the be-all to end-all," said Thierman, who plans to attend the labor commissioner's hearing. "But it's going to be significant. Nobody's taking it lightly."

    Wynn's attorney said the company, which declined to comment directly Wednesday, is taking the hearing seriously even though the policy has passed initial legal scrutiny.

    "We take all challenges seriously," Kamer said. "We believe what we did was lawful. The commissioner already once said it was lawful, Judge Herndon already said it was lawful. I assume it will be found lawful again under the existing case law."

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

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    David Johann wrote on February 15, 2008 12:42 AM: Below this post there have been 1,696 words included in all previous posts on this topic.

    Within about two minutes I was able to cut and paste all the words posted below into my word processing program for an exact count.

    Of the 1,696 words posted so far
    (not including this post) 1,006 are under douglas' (sic) online handle.

    Which is strange.

    At best douglas (sic) rambles with exceeding difficulty forming a coherent argument.

    More, given his approximate 3/4's of the words below, douglas (sic) appears to believe douglas (sic) is some kind of authority on this topic.

    But that's the problem with an unrestricted forum like this. You never know which posters are off their meds. Partly because of this douglas' (sic) wisdom is null and void.

    While we thank douglas (sic) for sharing douglas' (sic) personal vision about the Wynn workplace, douglas' (sic) vision is impossible. The Wynn dealers are represented by a union.

    A union. Remember? You know unions, don't you? They're the folks who brought you weekends.


    douglas wrote on February 14, 2008 10:29 PM: again, the dealers union should negotiate a "living wage". add in some level of health insurance approaching that of the culinary employees.

    86 the toke boxes. the house will benefit since they'll get the drop that used to wind up in the toke box. thus the house can afford to pay that "living wage" to both dealers and suits.

    or, at least dedicate the player tokes to deserving charities. that'd benefit more people than even the "macau" dealer wage policy.

    didn't the union signs state that they were seeking "living wages" ? with a guaranteed, higher than present wage under union negotiated contract, the dealers no longer will be underpaid, earning "only minimum wage".

    since the house will bump up the vig [read, player disadvantage] and tighten the comp programs to pay for those "living wages", why should the players then further get shafted by toking the dealers ? the dealers would be getting paid extra, twice... once with the higher wages and benefits, and player tokes as well. that's unjust enrichment.

    as to the wage difference between a laborer and an equipment operator, or between a dealer and a suit, what prevents the first applying for the second, higher wage job ? positions with more responsibility should earn higher wages. that's the way it is in the real world.


    dennis1944 wrote on February 14, 2008 05:30 PM: The point in fact in this issue is; When I tip a dealer I am tipping an individual, not the property. The tip becomes the personal property of the individual dealer. I am the giver, therefore I am the one to determine this. Steve Wynn or any other casino owner has absolutely NO RIGHT to that money. He is effectively stealing the money and redistributing it in my opinion. I certainly don't agree that the courts or anyone else, othe than the dealer has any right to decide otherwise. These are people that are supposed to know the law and use common sense when applying the law. Otherwise thay are all common thieves in my opinion! Maybe they are aspiring politicians, they seem to have no respect for the constitution or an individual's property rights.


    Jerry Wayne wrote on February 14, 2008 02:40 PM: Douglas,

    mebbe should be spelled maybe...

    sorry, i had to point it out.


    wynndealer wrote on February 14, 2008 02:20 PM: The difference between a (pitboss) or floorpersonor teamleader whatever the want to call it. the Teamleads at wynnlasvegas make about $31.25 an hr 250 a day plus tips.While the dealers make $6.33hr and holidays they get double 500hr a day. So you are telling me if a busperon was making $31hr and the waitress was making $6.33hr the waitress would give up 20% of their tips to the buspeson I think not!!!


    douglas wrote on February 14, 2008 12:13 PM: there is zero doubt that casinos will reduce the number of "live" table games, other than the non-casino banked, poker tables. those will fluctuate according to demand. extra wages gained by the union on those tables will mean bigger rakes.

    that trend is with or without a union. a quick walk through the gaming shows tells you what's new and what'll soon show up on casino floors. more slots and mebbe some added, side bet variations [read, easy to get gcb approval] to current table games.

    likely the joints will keep a big 6, a couple table dice pit, mebbe one or two double-zero wheels, and a pit or two max of carnie games... those to make the joint look like a casino.

    and if the joint is sharp, they'll staff the table games only with part time, extra board, and on-call dealers. overall labor costs will go down since fewer suits will be needed as well.

    the joints could afford the higher, base "living wages" because without dealer toke boxes, the house would drop the player's entire bankroll. remember the good old days, the "dummy up and deal" ? those joints which like vic taucer's "dealer as an entertainer" will simply demand those antics of dealers... kinda "no play, no pay". wouldn't help the dealers without toke boxes but that'd mebbe coerce the punters to lose their bankroll in one joint instead of the one next door.

    get those dealers a "living wage", mebbe 30 hours a week, culinary equivalent health benefits based on the hours worked, the same old edr, occasional pto's, and even easier early outs since the fewer the hours, the less the labor cost. and the union should make sure that those dealers can earn/get a chance at a higher wage by moving up to the floor.


    Jen wrote on February 14, 2008 11:10 AM: The union won't do squat for any dealer except take part of their paycheck.... anyone who thinks otherwise is deluded. Do you think they really give a rats #$# otherwise than collecting their dues??? Are you serious?? Dealers already have healthcare, vacation or PTO time, FMLA, disability, etc.... what's the union going to do??? Get fat off dues that's all. As far as a contracted "Living Wage" The casino isn't going to want to pay 20$ an hour to employees who really don't make much money for the casino - slots make the money, not table games! They'll just cut back on table games until they have a skeleton crew- how's the union going to fix that????


    douglas wrote on February 14, 2008 10:02 AM: that some casino dealers are represented by a union means that the union can and should negotiate a contract for those promised "livable" wages.

    the wages should be specified and should be equal for all dealers, lumps included.

    tokes should be eliminated as some consideration in any wage deal since those toke boxes are there at the pleasure of the casino licensee in the first place. no toke boxes would be a start.

    or toke boxes that are designated for varying, rotating, recognized charities. who wouldn't toke for "jerry's kids" or "the march of dimes", just like those small toke containers at many supermarket check outs. i'd rather toke, round up, the small checques/silver toward a charity... "for the children", rather than to an employee dealer which already had a guaranteed, "living wage". who can argue with dealers receiving that "living wage" ? no more whining/toke hustling... "i only receive minimum wage", et cetera.

    i'll be in line for the openings of the first [and, all] joints that have tokes directed to worthy charities. who can refuse those "jerry's kids" caliber of charities ? i usually slip a black checque into a red kettle at christmas, now we all could toke those charities at least a little at a time, all the time. their expenses go on year round.

    think of the draw were those marquees to announce that table games tips were going to some big league charity. in las vegas, mebbe to bolster that education fund. during the jerry lewis labor day telethon, "for the kids". or soon after some national disaster like katrina. just like the current "progressive" candidates who are trying to best each other by promising more federally funded programs, so could casino licensees duke it out by collecting more for notable, "popular" charities.


    A.D. wrote on February 14, 2008 09:58 AM: Let’s hope that this hearing is not just a dog-and-pony show. The labor commissioner should stop the stealing of the dealers’ tokes. What is greedier than someone who makes more than 4x the wage of a dealer thinking they deserve part of the tokes? Those supervisors should be ashamed of themselves.


    joe wrote on February 14, 2008 09:48 AM: Well, the bus boy, hostess, and waitress all have a direct effect on the service a customer recieves. I'm not familiar with how a pit boss directly effects the customer service of gamblers.


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