Las Vegas Sun

November 24, 2017

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Nightclub workers sue Wynn over tip pooling

Nevada Labor Commissioner Michael Tanchek has upheld the groundbreaking Wynn Las Vegas policy of requiring casino dealers to share tips with managers -- but that hasn't stopped attorneys and workers from challenging that and similar arrangements.

The latest challenge came Monday when attorneys filed a lawsuit in federal court in Las Vegas that is proposed to be a class action representing workers at Wynn's Tryst and XS nightclubs.

The suit charges that in violation of the contract between Wynn and the Culinary Union, Wynn has forced union-covered nightclub employees to share tips with management personnel.

The lawsuit seeks a permanent injunction barring Wynn from continuing a mandatory tip distribution policy, an accounting of all money the employees shared with management and a requirement that the "misappropriated gratuities" be returned.

Plaintiffs in the suit are Kevin Carter, a shop steward for Bartenders Union Local 165; and Daniel Gerstel, a shop steward for Culinary Union Local 226.

Attorneys for Wynn have not yet responded to the allegations.

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