Monday, Oct. 25, 2010 | 7:23 p.m.
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.