State Labor
Commissioner
Michael Tanchek
on Thursday said
he doesn't
expect to issue
a decision on
whether Wynn Las
Vegas'
tip-pooling
policy is legal
until early next
year.
Tanchek
completed a
hearing that
began in July
and included
approximately 55
hours of
testimony from
dealers, resort
officials and
industry
experts.
Attorneys for
Wynn Las Vegas
on Wednesday
concluded their
defense of the
resort's
September 2006
decision to
include floor
supervisors in
the casino's tip
pool. Rebuttal
witnesses were
called the rest
of Wednesday and
Thursday.
Tanchek will
issue his final
decision about
30 days after
attorneys for
both sides
submit final
briefs to the
labor
commissioner.
Tanchek said
with the holiday
season
approaching, it
may be difficult
to issue a
ruling before
January.
Attorneys for
both sides
confirmed,
however, that
they will appeal
any decision by
Tanchek,
probably to
Clark County
District Court,
where dealers
first challenged
the new policy
in 2006.
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
Wynn dealers
Daniel Baldonado
and Joseph
Cesarz filed a
class action
lawsuit in 2006.
The court
dismissed the
lawsuit saying
the state labor
commissioner's
office was the
proper venue for
the case.
The state
Supreme Court
upheld the lower
court's opinion
in October 2008.
Separately, a
federal judge
Thursday denied
a motion to
dismiss a
lawsuit filed by
Baldonado and
154 current and
former Wynn
dealers.
The lawsuit was
filed in U.S.
District Court
of Nevada and
claims the
tip-sharing
policy violates
federal labor
laws.
