Vol. 3, No. 3, March 2007, Tumbling Dice
Tipping Point at Wynn?
Wynn Las Vegas continues to draw fire over its controversial new tip-sharing policy with two disgruntled dealers looking to bring the state’s highest court in to settle the issue, and a state congressman looking to draft legislation that compels courts to base decisions on “what the law clearly states.”
Republican Assemblyman Bob Beers said he believes that new policy is in violation of state law, which says, “the tips should belong to those who the tips are given to.
“If they should decide to pool the money, that’s their decision. These decisions were being taken out of their hands, in my opinion, in violation of existing code,” Beers said.
Beers has yet to meet with officials at Wynn regarding the new policy of sharing dealer tips with floor and other supervisors to even out a disparity in pay between the two groups. He has, however, asked District Court Judge Douglas Herndon why he tossed out a lawsuit challenging the new policy.
“The statute states, very simply, that no portion of the tips can be taken from the person that it is coming to,” Beers said. “Therefore, there was no judicial rational to toss the case out.”
Herndon dismissed on December 6 a lawsuit brought by Daniel Baldonado and Joseph Cesarz, two Wynn dealers challenging the policy. The pair announced last month that they now intend to ask the Nevada Supreme Court to review the new tip sharing policy, and reverse the decision of the lower courts.
“It’s a nonevent. We expected them to appeal,” said Greg Kamer of Kamer Zucker & Abbott, the law firm that worked with Wynn executives to develop the new policy.
If the Supreme Court decides to take up the case, a decision isn’t expected for 12 to 18 months. The court can also refuse to review the rulings of the lower courts, letting those decisions stand.
Republican Assemblyman Bob Beers said he believes that new policy is in violation of state law, which says, “the tips should belong to those who the tips are given to.
“If they should decide to pool the money, that’s their decision. These decisions were being taken out of their hands, in my opinion, in violation of existing code,” Beers said.
Beers has yet to meet with officials at Wynn regarding the new policy of sharing dealer tips with floor and other supervisors to even out a disparity in pay between the two groups. He has, however, asked District Court Judge Douglas Herndon why he tossed out a lawsuit challenging the new policy.
“The statute states, very simply, that no portion of the tips can be taken from the person that it is coming to,” Beers said. “Therefore, there was no judicial rational to toss the case out.”
Herndon dismissed on December 6 a lawsuit brought by Daniel Baldonado and Joseph Cesarz, two Wynn dealers challenging the policy. The pair announced last month that they now intend to ask the Nevada Supreme Court to review the new tip sharing policy, and reverse the decision of the lower courts.
“It’s a nonevent. We expected them to appeal,” said Greg Kamer of Kamer Zucker & Abbott, the law firm that worked with Wynn executives to develop the new policy.
If the Supreme Court decides to take up the case, a decision isn’t expected for 12 to 18 months. The court can also refuse to review the rulings of the lower courts, letting those decisions stand.
Please login to post your comments.