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Dozens protest new tip policy outside Wynn Las Vegas
 Message was posted: 11:43 Nov 28th, 2006     
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Casino news source: Sun Herald - http://www.sunherald.com


Dozens protest new tip policy outside Wynn Las Vegas
Associated Press

LAS VEGAS - Dozens of protesters rallied outside Wynn Las Vegas against the resort's new policy that redistributes a portion of casino dealers' tips to their supervisors.

Chris Heath, a San Antonio accountant, said she joined about 75 other sign-carrying protesters Friday to show support for her brother, who is a Wynn dealer.

She criticized billionaire casino magnate Steve Wynn, the developer whose upscale casino resorts transformed the Las Vegas Strip. She said her brother's income has dropped 20 percent since the policy took effect Sept. 1.

"It's wrong for this big, rich man to steal money from people who live paycheck to paycheck," Heath told the Las Vegas Review-Journal. "If he thinks his front-line managers don't make enough money, he should give them a raise, and not do it on the backs of their subordinates."

Organizer Jack Lipsman of the International Union of Gaming Employees said the group initiated the protest to stand up for the rights of dealers.

"For the first time in 75 years of gaming, (Steve Wynn) is taking dealers' tip money and using it to pay salaries," Lipsman said.

"We're not against (Wynn) in any way. We just want him to get this out of his system and reverse the policy, and we'll walk away friends," Lipsman added.

A resort spokesman said officials were out of town and unavailable for comment.

Wynn Resorts Ltd. officials have said they established the tip-sharing policy to equalize incomes between dealers and their supervisors.

Before the change, dealers at Wynn Las Vegas earned an average of $100,000 a year in wages and tips, while their managers typically took home a salary alone of about $60,000 annually.

Officials maintained the imbalance caused a shortage of workers willing to take on supervisory positions.

The policy, which also gave managers an increase in base wages, realigned dealers to an average of $90,000 a year, while supervisors began making $95,000 a year.

But some dealers have complained the change could cost them as much as $30,000 a year in tips.

Friday's protest was the latest action against the tip pooling program.

After the program was announced, dealers petitioned Nevada Labor Commissioner Michael Tanchek to issue a ruling on the legality of the policy.

In September, Tanchek said the practice is legal under state law as long as tips are shared with Wynn Las Vegas customer service employees.

At the same time, two Wynn Las Vegas card dealers filed a lawsuit asking a judge to throw out the program.





Dozens protest new tip policy outside Wynn Las Vegas
 Message was posted: 01:21 Jan 6th, 2007     
Lucky Lady's avatar - av39.gif User: Lucky Lady
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Casino news source: Las Vegas Business Press - http://www.lvbusinesspress.com


Wynn sues dealers for legal fees
BY ARNOLD M. KNIGHTLY

Three weeks after the dismissal of a lawsuit brought by two dealers, attorneys for Wynn Las Vegas have filed a motion seeking nearly $75,000 in attorney’s fees.

On Dec. 6, Clark County District Court Judge Douglas Herndon dismissed a class-action suit brought by two resort dealers arguing that the new tip-sharing arrangement was illegal. Herndon is scheduled to hear the motion on the fees on January 29.

Attorneys in the case took diametrically opposite views of the new motion. “I don’t file anything unless I believe in it,” said Wynn attorney Greg Kamer of the firm Kamer Zucker Abbott. “I don’t just file papers that are frivolous because you don’t have any credibility with the courts.”

Citing Nevada law, Wynn’s attorneys argue that the two dealers, Daniel Baldonado and Joseph Cesarz, “brought and maintained claims under contract law … without reasonable grounds.”

“It’s vindictive and retaliatory,” said the dealer’s Reno-based lawyer Mark Thierman. “There is no way a court can honestly say this was a bad-faith lawsuit.”

The Wynn motion argues that the lead plaintiffs, Baldonado and Cesarz, pursued the case and should now bear the full cost of the resort’s defense. The two dealers had originally brought the lawsuit before Judge Herndon granted the dealers class action status.

“They brought a lawsuit after the labor commissioner told them they didn’t have a case,” Kamer said, referring to a Sept. 13 letter by the State Labor Commissioner rejecting more than 100 complaints filed anonymously by Wynn dealers. “They could have dropped it at any point in time and they didn’t.”

Kamer adds that there was significant cost to the Wynn Las Vegas after the company “had expended enormous resources to make sure what they did was in fact legal,” prior to the property’s August policy change.

Attempting to recover attorney fees by arguing that a lawsuit was brought “without reasonable grounds” is rare, according to one local attorney with 30 years of litigation experience in Nevada. He thinks it may be hard to recover the money.

“They’re taking a shot at it, but would not necessarily be a high-percentage shot,” said the litigator, adding he had not read the motion. “For whatever it’s worth, I think the chances of them collecting attorney’s fees is pretty slight.

“I’ve seen it happen a few times, but I can’t remember the last one.”





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