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Arnold M. Knightly

Wynn tip-pooling ruling delayed until May

16 February 2010

LAS VEGAS, Nevada -- Wynn Las Vegas dealers will now have to wait until at least mid-May for a ruling on whether or not the property's tip-pooling policy breaks state labor law.

Attorneys for the resort have asked Nevada Labor Commissioner Michael Tanchek for more time to file briefs in the case, which in turn will delay Tanchek's ruling, the labor commissioner's office announced Tuesday.

A ruling was initially planned for January, but in December Tanchek pushed the date to April because he needed more time than expected to review 55 hours of testimony from the hearing.

Hearings on the Wynn tip-pooling policy began in July and concluded in October.

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 both sides have said any decision by Tanchek will be appealed, probably to Clark County District Court, where dealers first challenged the policy in 2006.