WYNN CASINO LAWSUIT

WYNN CASINO DEALERS TIP LAWSUIT INFORMATION WEBSITE

UPDATE 4/5/13:  NEVADA SUPREME COURT HAS SCHEDULED ARGUMENT ON WYNN APPEAL FOR 6/5/13.  A DECISION WILL BE ISSUED SOMETIME AFTER THAT DATE.


UPDATE: JANUARY 30, 2013 - A NEW FEDERAL LAWSUIT HAS BEEN FILED AGAINST THE WYNN FOR THE DEALERS' TIPS AND TO COLLECT OTHER DAMAGES BUT ONLY FOR DEALERS WORKING AFTER MAY 3, 2011.
IN JANUARY 2013 A NEW LAWSUIT UNDER THE FAIR LABOR STANDARDS ACT (THE FEDERAL LAW "FLSA') WAS FILED AGAINST THE WYNN CASINO.  IF YOU ARE CURRENTLY A CLIENT OF THIS OFFICE AND MAY HAVE WORKED FOR WYNN AS A DEALER SINCE MAY 4, 2011 YOU SHOULD HAVE RECEIVED A LETTER ABOUT THIS CASE.  THIS NEW CASE CAN ONLY BENEFIT DEALERS WORKING AFTER MAY 4, 2011.  IT DOES NOT
REPLACE THE FIRST LAWSUIT, UNDER NEVADA STATE LAW, AGAINST WYNN WHICH IS CURRENTLY ON APPEAL.  IT IS INTENDED TO PROVIDE AN ADDITIONAL REMEDY FOR THE DEALERS FOR THE TIME AFTER MAY 4, 2011.  ONLY DEALERS WHO AGREE IN WRITING TO JOIN THIS FEDERAL LAWSUIT WILL BENEFIT FROM THE LAWSUIT. IF YOU ARE INTERESTED IN JOINING THE LAWSUIT OR WOULD LIKE MORE INFORMATION ABOUT THE LAWSUIT PLEASE CLICK HERE.



AS OF JANUARY 17, 2013 NO ARGUMENT DATE IS SET BY THE NEVADA SUPREME COURT ON THE STATE COURT LAWSUIT THAT RESULTED IN A DISTRICT COURT DECISION FOR THE DEALERS IN 2011.  IF AN ARGUMENT DATE IS SET IT WILL BE PROMPTLY POSTED ON THIS WEBSITE, PLEASE CHECK BACK.  THERE IS NO CURRENT TIMETABLE FOR A CONCLUSION OF THE PENDING APPEAL BY WYNN.

PLEASE VISIT OUR "WHAT YOU CAN DO!" PAGE FOR AN IMPORTANT MESSAGE FROM LEON GREENBERG TO ALL WYNN DEALERS

IF YOU HAVE QUESTIONS PLEASE SEND US AN EMAIL FROM OUR "CONTACT US" PAGE

FOR CASE UPDATES SINCE 2/29/12 GO TO OUR CASE INFORMATION PAGE

FOR MORE INFORMATION ON LEON GREENBERG VISIT HIS WEBSITE OVERTIMELAW.COM


UPDATED FEBRUARY 29, 2012

SHOULD YOU FILE AN INDIVIDUAL CLAIM?

The attorneys running this website have gotten a number of inquiries from Wynn dealers who have questions about whether they should file an individual claim against the Wynn. In an attempt to clarify that issue the attorneys running this website provide the following information.  Such information is provided by the attorneys based upon their best understanding of the law, which is unclear and undecided on certain points.  Such information should not be considered legal advice and does not create an attorney-client relationship between the attorneys running this website and anyone.  The attorneys running this website are only responsible for, and at this point only have an attorney-client relationship with, those Wynn dealers who have signed written retainer agreements with them.

1.  Under Judge Cory's current ruling we do not believe there is any need, at this time, to file an individual claim to protect your legal right to get back tips taken from you by the Wynn.

2.  Judge Cory's ruling can be reversed by the Nevada Supreme Court.  If it is reversed it is possible only dealers who file individual claims will be able to collect their tips back from the Wynn.

3.  There is currently a dispute as to the applicable statute of limitations on a claim against the Wynn.   The attorneys running this website believe it is clearly a 3 year statute of limitations, meaning an individual can recover money for the three year period prior to the filing of their individual claim.  The Nevada Labor Commissioner seems to be taking the position that the statute of limitations is only 2 years.  If Judge Cory's decision is upheld 100% by the Nevada Supreme Court the attorneys running this website are of the opinion that there are no statute of limitations issues that will be corrected by filing an individual claim for tips.

4.  You can retain the attorneys running this website to file an individual claim for you.  We do not know if that is necessary to protect your legal rights, nor can we promise you that the case we are prosecuting against Wynn will be successful.  If you retain us as your attorneys (download papers HERE) we will file a claim for you, without any upfront payment by you, there is no need for you to file a claim yourself with the Nevada Labor Commissioner.


WYNN FORMAL APPEAL DEMAND NOW FILED

     On February 27, 2012, Wynn filed its formal demand for an appeal of Judge Cory's decision.  We expect it may take about 1 year, or longer, for the Nevada Supreme Court to resolve that appeal.






UPDATED FEBRUARY 6, 2012

FINAL ORDER ENTERED BY DISTRICT JUDGE CORY.

On February 3, 2012 District Judge Cory entered his final order.  You can view a copy by clicking HERE.   The final order makes additional findings that are helpful to the Wynn Dealers and further explains Judge Cory's earlier decision.   The Wynn Casino now has 33 days to file its demand for an appeal to the Nevada Supreme Court.  If it does so, which is expected, it may be some time, one year or more, before the Nevada Supreme Court makes a decision on the appeal.

UPDATED NOVEMBER 10, 2011
WYNN DEALERS VICTORY IN DISTRICT COURT!

JUDGE CORY IN THE DISTRICT COURT REVERSED THE LABOR COMMISSIONER'S RULING AND HELD THAT WYNN VIOLATED NEVADA LAW BY TAKING THE DEALERS' TIPS AND GIVING THEM TO THE FLOOR SUPERVISORS!  JUDGE CORY ALSO DIRECTED THAT THE LABOR COMMISSIONER GRANT THE DEALERS' CASE CLASS ACTION TREATMENT, MEANING ALL OF THE WYNN DEALERS, NOT JUST THOSE WHO FILED CLAIMS WITH THE LABOR COMMISSIONER, SHOULD RECEIVE BACK THE TIPS TAKEN BY WYNN!  This is a complete victory for the dealers, but the case is not over.   Wynn has publicly stated it will appeal.  That appeal could take one year, or longer, to resolve.
If Judge Cory's Decision is upheld, in full, by the Nevada Supreme Court, Wynn Dealers do not need to do anything further.  But it is also possible that the portion of his Decision granting class action treatment could be reversed.  If that were to happen only those dealers who filed claims with the Labor Commissioner might receive their tips back.  Dealers who have not filed claims with the Labor Commissioner may wish to do so to protect their legal rights in the event the class treatment of this case is denied by the Supreme Court.  Dealers can contact the attorneys running this website if they would like to file such a claim.   You can contact us by email by clicking HERE or call 702-383-6085.  The forms needed to file such a claim can be downloaded HERE but you must provide fully filled out, original, signed, forms to the attorneys for them to file a claim for you.

You can read a copy of Judge Cory's decision HERE.










UPDATE OF OCTOBER 4, 2011

On August 12, 2011 Judge Cory of the Clark County District Court heard arguments from the attorneys for the Wynn dealers and the the Wynn casino.  Judge Cory will make a decision on whether to uphold, or modify, the Nevada Labor Commissioner's decision.  He did not indicate at that hearing what he would decide, but he did take a great deal of time to listen to the arguments of the attorneys and ask questions.  He has not, as of this date, rendered a decision.  If he does not render a decision favorable to the Wynn dealers the attorneys running this website intend to appeal his decision to the Nevada Supreme Court. You can view a video copy of the argument before Judge Cory by clicking here.



UPDATE OF JULY 12, 2010

TODAY THE NEVADA LABOR COMMISSIONER ISSUED HIS MOST DISAPPOINTING DECISION UPHOLDING THE WYNN TIP POOL POLICY.  YOU CAN READ A COPY OF THAT DECISION HERE.  THE ATTORNEYS RUNNING THIS WEBSITE PLAN TO APPEAL THAT DECISION AND DO NOT EXPECT A FINAL RESOLUTION OF THAT APPEAL UNTIL SOMETIME IN 2011.  ADDITIONAL UPDATES ON THAT APPEAL PROCESS WILL BE POSTED ON THIS WEBSITE.

UPDATE OF MAY 4, 2010

You can read our Post-Hearing Reply Brief to the Nevada Labor Commissioner by downloading it here.  Briefing and hearing, as scheduled by the Labor Commissioner, is now completed.  We await a decision from him.  If that decision is not favorable to the dealers we intend to appeal that decision.  The process of bringing such appeal to conclusion could take a year or more.  Please return to this website for further updates.

UPDATE OF MARCH 23, 2009

Please Read Our Recently Submitted Post-Hearing Brief to the Nevada Labor Commissioner.  Download here.  You can download the Exhibits mentioned in the Brief here but not Exhibit "C" which is the public filings for the Wynn Casino as they are very long financial records and are not included in this copy.

We will keep you informed of further developments.

Who are the Attorneys Suing Wynn and What Have They Been Doing?

The attorneys involved with this website are Leon Greenberg, Mark Thierman, J.P. Kemp and Robin Potter. We have been seeking justice on behalf of all the Wynn dealers. We are prosecuting an Administrative Complaint with the Nevada Labor Commissioner seeking an Order returning the tips taken from all Wynn casino dealers. You can open and download a copy of the Administrative Complaint HERE. Although no one can predict whether our efforts will be successful or unsuccessful, we will continue our fight for all Wynn dealers. We have over 50 years of collective experience in the labor law area, including decades of experience in collecting unpaid wages and other compensation owed to workers. We fought to have the Wynn dealers’ case heard by the Court and determined by a jury of ordinary persons. We believe it is clearly better for the dealers to have their case decided by a jury and not a Judge or a group of Judges or a politically appointed government bureaucrat. Unfortunately our attempt to get a jury trial on the dealers’ case was rejected by the Nevada Supreme Court. As a result, the Wynn dealers’ case must first be ruled upon by a government official, the Nevada Labor Commissioner, and then reviewed by a District Court Judge and finally by the Justices of the Nevada Supreme Court.

          You Can Keep Informed of Developments at this Website

Please visit our "case information" page if you wish to see more information regarding the history of this case.  This website will be updated when additional information becomes available.   You can contact this office by email at attorney at wynnlawsuit.com.

 

 

 

 

 

 

 

ATTORNEY ADVERTISEMENT, Leon Greenberg, Esq., 2965 South Jones Boulevard #E-4, Las Vegas, Nevada 89146 (702) 383-8109  attorney at overtimelaw.com   The Opinions Expressed Here Are Those Of The Attorneys Involved In Prosecuting The Case Discussed In This Website And Are Based Upon Existing Law And Precedent.  The Attorneys Running This Website Only Have An Attorney Client Relationship With Those Persons Who Have Signed A Written Retainer Agreement With Such Attorneys.  Nothing In This Website Should Be Considered To Constitute Legal Advice Of An Attorney To Anyone Who Has Not Signed A Written Retainer Agreement With the Attorneys Running This Website As Such Persons Are Not Clients Of Such Attorneys.  No Claim Is Made Or Can Be Made That Persons Deciding To Participate In The Lawsuit Discussed Are Guaranteed To Receive A Financial Benefit.

Copyright 2011. Leon Greenberg. All rights reserved.