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Nicole Lucht
 

Court: Wynn dealers must share tips with supervisors

9 October 2008

LAS VEGAS, Nevada -- Wynn Las Vegas dealers will have to share their tips with their front-line supervisors, the Nevada Supreme Court ruled today.

The court ruled that a District Court judge was right when he dismissed the dealers' challenge of a ruling by the Labor Commissioner that said Wynn didn't violate employment law by changing its policy on tip sharing, since the workers are employed at-will.

The court ruled unanimously that the state law that deals with the issue of tip sharing calls for the Labor Commissioner to decide whether the employees' challenge was valid, not the District Court.

The court also ruled that, under Nevada labor law, the employees didn't have a valid employment contract and therefore weren't entitled to claim Wynn Resorts had breached their contract.

The two dealers named in the lawsuit, Daniel Baldonado and Joseph Cesarz, won one victory, as the court ruled that Wynn was not entitled to seek reimbursement for attorneys' fees, with the explanation that the dealers' case was based on "reasonably supportable, if not ultimately successful, arguments."