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Oct. 21, 2009
Copyright © Las Vegas Review-Journal

Employee sues Wynn Las Vegas over secondhand smoke

By VALERIE MILLER
LAS VEGAS BUSINESS PRESS

Wynn Las Vegas table games dealer Kanie Kastroll poses outside her Southwest Las Vegas home Wednesday, Oct. 21, 2009. Kastroll has filed suit against Wynn Las Vegas claiming the casino fails to provide a safe workplace because of second-hand smoke.
Photo by K.M. Cannon.

A Wynn Las Vegas employee is suing the resort, claiming it is an unsafe workplace because of secondhand smoke.

The federal lawsuit filed Tuesday, which seeks class action status, alleges the casino encouraged patrons to light up and disciplined workers if they complained.

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    • The court filing by Wynn dealer Kanie Kastroll accuses Wynn Las Vegas of breaching its duty to provide a safe workplace for employees and seeks damages of more than $5 million.

    Kastroll has suffered asthma and other health problems while working for Wynn, her lawyers allege. She has retained Chicago-based class action law firm Kamber Edelson.

    The firm may be best known for its class action lawsuit against the makers of the Thomas the Tank toy. That suit, which was based on claims that the toy used lead paint, was settled for $30 million.

    Wynn Las Vegas is the second major resort operator to be hit with a lawsuit recently because of secondhand smoke dangers.

    Kamber Edelson also is representing a Harrah’s Entertainment employee in a similar complaint filed this summer against Harrah’s and Caesars Palace. Kamber Edelson attorney Jay Edelson called the cases “similar” but claims Wynn also failed to protect pregnant employees from cancer-causing smoke.

    “Frankly, that makes me sick,” he said. “I didn’t hear that (from pregnant) Harrah’s employees.”

    Wynn Resorts does not have a policy to protect pregnant workers from secondhand smoke, according to the complaint. That decision is left to their individual supervisors’ discretion.

    Ean Tivon said the company would not comment on the lawsuit.

    Kastroll, a four-year employee of Wynn, said she decided to sue her employer to protect her own health and that of her fellow employees and nonsmoking customers.

    “I thought it was way overdue. I was concerned about my health and that of my co-workers,” she said. “Customers come up to me all the time and ask for nonsmoking.”

    Wynn has a smoke-free poker room. However, Kastroll deals “multiple games” and usually works in a smoking environment.

    “Only customers can request a smoke-free table,” she said.

    The lawsuit also alleges that Wynn Las Vegas allows gamblers to blow smoke directly in the faces of its dealers and forbids the dealers from protesting. If casino patrons ask employees if they can smoke, the employees are required to say yes, according to the lawsuit.

    The lawsuit also notes that the resort encourages smoking by offering free cigarettes to gamblers.

    Employees can be disciplined if they disobey any Wynn policies, the lawsuit claims.

    “Dozens of Wynn employees were interviewed over the past six months, and the type of health problems ranged from headaches and asthma to lung cancer," Edelson said.

    Kastroll’s asthmatic condition was “exacerbated” by the secondhand smoke she was exposed to on the job, according to the complaint. She also allegedly suffered from shortness of breath, dizziness and nausea.

    “I didn’t have asthma when I came to Wynn,” she said. “I can’t say what caused it. Probably 20 years in casinos.”

    Making casinos entirely smoke-free is not the goal of the litigation, her lawyer maintained. The purpose of the lawsuit is to force the resort to protect its employees at the same level as most other Las Vegas casinos do, Edelson said.

    “Other resorts have better ventilation systems and some nonsmoking tables,” he said. “Wynn just has to do things as well as the other casinos.”

    The lawsuit against Wynn Las Vegas resulted from the Harrah’s suit, Edelson said.

    “When we filed, we started getting all these calls from other casino workers, and the overwhelming number were about Wynn.”

    Contact reporter Valerie Miller at vmiller@lvbusinesspress.com or 702-387-5286.

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    professorLA wrote on October 28, 2009 12:26 PM: You knew when you took the job what it would be like. If you don't like it now, move to California or SHUT UP. You just don't want to work anymore and expect the Wynn to pay your way. I hope you don't get a penny!


    hateantismokewhiners wrote on October 27, 2009 11:10 PM: To 805Lady: Kudos to you! I couldn't have said it better!! If this idiot didn't realize that casinos are smoking and smokers help pay her wages, I'm sure the unemployment line is non smoking!!


    Steve wrote on October 27, 2009 12:38 PM: Good for her,

    Smokers are rude, overwieght, selfish, smelly, and unhealthy. They want everone to look old and have yellow teeth just like them, so they blow smoke in your face.
    The wynn should also start making smokers pay more for their health care benifits! Why should responsible healthy people have to keep paying for the health care benifits of nicotine addicts?


    Steve wrote on October 27, 2009 08:37 AM: It's not going to make any difference. Las Vegas will be a ghost town in the future.


    Rick wrote on October 26, 2009 02:20 PM: Then Quit Idiot, and lose a few pounds if you want to be healthy.


    HUH? wrote on October 23, 2009 04:59 PM: A couple of questions....

    Dealers used to be hot...why do they all look like nerds now?

    She admots to working 20 years in casinos...How is the WYNN responsible for her "asthma"?

    Why complain when you can teach, join the PD, sell insurance, become a nurse, doctor, etc. etc.?

    She didn't complain when she bought that new house and collect that big pay. Dealers have no skills, and only want to get rich quick by scamming casinos after they have dealt for 20 years and realize they will never be able to do any other job. What a joke.

    I want to go to the WYNN with a FAT CIGAR and blow smoke in her face!!!


    805Lady wrote on October 23, 2009 04:44 PM: I live in California. I smoke. (I can hear your boo's already)I have a indian casino 30 miles away that I goto that allows smoking, the only place left indoors I can smoke so yes I will enjoy a cig or two while I'm there as the last place to go in California legally and smoke. If someone sits next to me and asks me to not smoke I refer them (nicely) to the very nice non-smoking section and point the way. I had someone actually yell at me (in the smoking section) that they had heart problems and I shouldn't smoke. Well I KNOW I shouldn't smoke but if you have health problems KNOWING that smoke is going to make it worse you have a CHOICE to either go to the non-smoking or don't come to the casino. My point - we all have choices. It's not that this lady started working in a smoke free environment then was transferred, EVERYONE knows the risks of first and second hand smoke. WHY even bother applying for a job in a smoke environment if you weren't setting up a lawsuit. SHAME ON HER! Bet there are 13.9% of Vegas who are unemployed drooling to have her job and they know the risks and would happily accept them. Heck, send me the application I'll work there and sign a waiver saying I know the risks.


    CalGal wrote on October 23, 2009 11:41 AM: Poor Kanie. If you want to work in a smoke-free casino, move to CA. You can't smoke anywhere there. Why do you think the folks from CA come up here to play?! Get a grip, honey. You're going to end up in the unemployment line with the rest of us if you keep up this cr@p!


    jenga wrote on October 22, 2009 06:32 AM: This is how the anti smokers will remove smoking from the casinos.

    They already pulled this in NJ, they cherry pick workers, find ONE who whines, and make a case around it.

    My advice for those scared of smoke.. don't work in a casino.

    Wynn needs to nip this in the bud before they end up banning smoking and closing down las vegas. MANY people will not play anymore if they cant smoke.. this is NOT Atlantic city and people here don't like being told what to do.


    Bob wrote on October 22, 2009 06:03 AM: Many Illinois casino workers have all the smoke free air they want after they got laid off.


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