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Arnold M. Knightly

Wynn tip-pooling case reconvening in October

24 August 2009

LAS VEGAS, Nevada –- The Wynn Las Vegas tip-pooling hearing in front of state Labor Commissioner Michael Tanchek will reconvene in October, the commissioner's office said Friday.

The commissioner has set aside two more weeks in October beginning Oct. 5, but could continue for a third week beginning Oct. 19.

Tanchek has been hearing testimony this week, beginning Tuesday, on a series of wage claims filed against the resort when it changed its tip-pooling policy in September 2006 to include floor supervisors, called casino service team leads.

The dealers believe the policy breaks state labor laws. Wynn Las Vegas dealers are asking Tanchek to find the resort's tip-pooling policy illegal under state law and award $35 million in back pay and penalties to nearly 500 dealers.

Attorneys for Wynn maintain the policy follows state law by sharing the dealers' tips with other front-line employees, similar to the relationship between busboys, bartenders and waiters in a restaurant.

This week's hearing is a continuation of three days of hearings in early July.