Gmoney, stay off this thread and all those who oppose him.
Good morning to the dealers who may be visiting here for the first time and to those who haven't been here in a while. Particularly the Nevada dealers.
This message board may seem like a bunch of rebels without a cause but in fact it is not. The dominating topic of discussion is about tokes and toke pooling.
There are many arguments. There should be. If you take the time to read these arguments you will get an education on why tokes are pooled in most Nevada casinos. This is a very tough issue. There is a pending lawsuit in the Nevada Supreme Court that may or may not sort this mess out.
If you deal in Nevada this should concern you. This is about your income. The very reason you go to work each day.
Dealers before us have put this issue on the back burner for the better part of 30 years. Now thanks to Steve Wynn it has resurfaced and the Nevada law that Mr Wynn is using that his tip sharing policy is based upon, is the root problem each of you should understand.
The argument isn't so much about the dealers at Wynn anymore. The argument is about MANDATED TIP POOLING
Here is the law: NRS 608.160 Taking or making deduction on account of tips or gratuities unlawful; employees may divide tips or gratuities among themselves.
1. It is unlawful for any person to:
(a) Take all or part of any tips or gratuities bestowed upon his employees.
(b) Apply as a credit toward the payment of the statutory minimum hourly wage established by any law of this State any tips or gratuities bestowed upon his employees.
2. Nothing contained in this section shall be construed to prevent such employees from entering into an agreement to divide such tips or gratuities among themselves.
_________
NRS 608.160 has been argued three different times in the courts.
- 1975: Moen vs. Las Vegas International Hotel Inc. In this case, U.S. Federal District Court Judge Bruce Thompson found that the statute was enacted to prevent the taking of tips by an employer for the benefit of the employer.
- 1983: Alford vs. Harolds Club. Same thing. The Nevada Supreme Court stated tip pooling was okay as long as the employer does not retain any part of the tips for his own use or reap any direct benefit from the pooling.
- 1989: Cotter vs. Desert Palace, Inc. The U.S. Ninth Circuit Court of Appeals stated: Forced tip-sharing does not violate Nevada law or policy so long as the employer does not retain any part of the tips for his own use or reap any direct benefit from the pooling.
Leon Greenberg, Esq.-- aka "wagelaw"
Good morning to the dealers who may be visiting here for the first time and to those who haven't been here in a while. Particularly the Nevada dealers.
This message board may seem like a bunch of rebels without a cause but in fact it is not. The dominating topic of discussion is about tokes and toke pooling.
There are many arguments. There should be. If you take the time to read these arguments you will get an education on why tokes are pooled in most Nevada casinos. This is a very tough issue. There is a pending lawsuit in the Nevada Supreme Court that may or may not sort this mess out.
If you deal in Nevada this should concern you. This is about your income. The very reason you go to work each day.
Dealers before us have put this issue on the back burner for the better part of 30 years. Now thanks to Steve Wynn it has resurfaced and the Nevada law that Mr Wynn is using that his tip sharing policy is based upon, is the root problem each of you should understand.
The argument isn't so much about the dealers at Wynn anymore. The argument is about MANDATED TIP POOLING
Here is the law: NRS 608.160 Taking or making deduction on account of tips or gratuities unlawful; employees may divide tips or gratuities among themselves.
1. It is unlawful for any person to:
(a) Take all or part of any tips or gratuities bestowed upon his employees.
(b) Apply as a credit toward the payment of the statutory minimum hourly wage established by any law of this State any tips or gratuities bestowed upon his employees.
2. Nothing contained in this section shall be construed to prevent such employees from entering into an agreement to divide such tips or gratuities among themselves.
_________
NRS 608.160 has been argued three different times in the courts.
- 1975: Moen vs. Las Vegas International Hotel Inc. In this case, U.S. Federal District Court Judge Bruce Thompson found that the statute was enacted to prevent the taking of tips by an employer for the benefit of the employer.
- 1983: Alford vs. Harolds Club. Same thing. The Nevada Supreme Court stated tip pooling was okay as long as the employer does not retain any part of the tips for his own use or reap any direct benefit from the pooling.
- 1989: Cotter vs. Desert Palace, Inc. The U.S. Ninth Circuit Court of Appeals stated: Forced tip-sharing does not violate Nevada law or policy so long as the employer does not retain any part of the tips for his own use or reap any direct benefit from the pooling.
Leon Greenberg, Esq.-- aka "wagelaw"
