WYNN AND ENCORE DEALERS LAWSUIT

WYNN AND ENCORE CASINO DEALERS TIP LAWSUIT INFORMATION WEBSITE

UPDATE APRIL 12, 2016
The case against the Wynn is currently stayed (or being held) in the Ninth Circuit Court of Appeals pending a decision by that Court in a separate matter.  When the dealers appealed their case, that appeal was joined with another case on appeal that was raising the same issue- whether the U.S. Dept. of Labor's ("U.S. DOL") regulations concerning tip pooling policies were valid.  The parties in that separate case were the Oregon Restaurant and Lodging Association ("ORLA") and the U.S. DOL.  Although the Court of Appeals denied the Wynn's petition for rehearing on April 1, 2016, the Court has asked for briefing on ORLA's petition for rehearing.  This means the U.S. DOL will have to submit a written brief to the Court of Appeals explaining why the Court should not rehear or reconsider its prior decision. 
What this tells us:
1) We have no explanation on why the Court requested briefing on ORLA's petition but denied Wynn's petition outright;
2) We do not know whether this means the Court of Appeals will reverse its own decision that it issued on February 23, 2016 which ruled in favor of the dealers;
3) We do not know when the Court of Appeals will inform us of whether they will grant ORLA's petition for rehearing or not;
4) No action will be taken in our case, nor will our case be sent back to the District Court for further proceedings, until ORLA's petition for rehearing is resolved.

Even if the Court of Appeals denies ORLA's petition for rehearing, we fully expect that the Wynn will seek review of the February 23, 2016 decision by the U.S. Supreme Court.  Wynn will have 90 days to request review by the U.S. Supreme Court, but the clock on that 90 days will not start running until our case is returned from the Ninth Circuit Court of Appeals back to the District Court. 
AT THIS POINT, THIS IS ALL WE KNOW.  PLEASE CHECK THIS WEBSITE FOR FURTHER INFORMATION.  WE WILL UPDATE THIS WEBSITE AS WE GET INFORMATION. 

You can also access a copy of the list of all persons who have joined this action through April 11, 2016 by clicking HERE.  This list may NOT be fully alphabetical, so please review the entire list to ensure your name appears there. 


UPDATE APRIL 1, 2016 (this is NOT an April Fools joke)
ONE MORE ADDITIONAL VICTORY FOR THE WYNN AND ENCORE DEALERS!!!!
The Ninth Circuit Court of Appeals has DENIED the Wynn's request to reconsider the February 23, 2016 decision which found in favor of the dealers.  The Court denied the Wynn's request to have the three judge panel reconsider their decision as well as the Wynn's request to have the En Banc Court (larger panel of judges) reconsider the decision.  This means the decision will stand in favor of the dealers unless the Wynn can convince the United States Supreme Court to review that February 23, 2016 decision and overturn it.  Review by the U.S. Supreme Court is only by permission- the Wynn does not have a "right" to have an automatic review by the U.S. Supreme Court.  If the Wynn seeks review by the U.S. Supreme Court, and that request is denied, the Wynn will have exhausted all of its "appeal" options.  Please continue to check this website for further updates on the status of this case.  This is another significant victory for the dealers!!

UPDATE MARCH 28, 2016-
We get many calls every day from Wynn dealers who ask us whether they have previously joined this lawsuit.  If you have already joined this lawsuit, your name will appear
HERE.  This list reflects all persons who have joined this action through March 28, 2016.  Please note this list may NOT be in alphabetical order.  Please review the entire list when trying to locate your name.

UPDATE MARCH 18, 2016-

We have received a large volume of calls from dealers who have heard rumors about the status of the appeals process in this case.  PLEASE NOTE: all updates regarding the status of the appeals and various other legal proceedings in this case will be posted on this website; if it does not appear on this website, it probably did not happen.  We will endeavor to post any important updates as soon as we know them, most likely within one business day.  WE WOULD APPRECIATE ALL DEALERS CHECKING THIS WEBSITE FIRST BEFORE CALLING OUR OFFICE WITH QUESTIONS CONCERNING THE STATUS OF THIS CASE.

Other frequently asked questions we have recently received:  
1- Are dealers who signed a waiver/acknowledgment form in which they agreed to the tip pool arrangement when they were hired excluded from this case?
No.  The law does not allow employees to waive or "give up" their rights under federal law.  Those signed waiver forms are irrelevant to this lawsuit.

2- Why can't this case proceed as a true "class action" lawsuit in which class members are not required to "act" in order to participate in the lawsuit?
Claims under the federal Fair Labor Standards Act ("FLSA") are NOT permitted to proceed in the typical "class action" context.  Instead, they operate under a "collective action" procedure which requires anyone who wishes to benefit from a successful outcome in a case to "act" by filing a "consent to join" such caseThere is no way to assert a claim under the FLSA without filing a consent to join a lawsuit or filing your own lawsuit. 
 

UPDATE MARCH 9, 2016-
On March 8, 2016, the Wynn filed a request for panel rehearing as well as en banc (larger panel of judges) rehearing.  In these requests, the Wynn is asking the Court to overturn its February 23, 2016 decision.  This is the Wynn's first of two "appeals" steps it can take.  If these requests for rehearing are denied, the Wynn's last "appeal" step is to seek review of the 9th Circuit Court of Appeals' decision by the United States Supreme Court.  Each of these "appeals" steps are by permission only-- that is, Wynn does not get to have the decision reviewed on appeal as of right-- the courts must agree to review the decision.  The attorneys for the dealers (our office) will be notified by the Court if it wishes for us to respond to Wynn's rehearing requests.  The Court may not seek a response from plaintiffs and can simply deny the requests outright.  If the Court decides to entertain the Wynn's requests for rehearing, it will give the plaintiffs' attorneys an opportunity to submit a response to the requests.  We will be updating this website when we have more information from the Court.

UPDATE MARCH 8, 2016-
We experience MANY clients walking into our office each day to fill out or drop of their paperwork to participate in the lawsuit.  Many of you have questions regarding the lawsuit.  We are happy to answer questions for you by appointment.  If you would like to meet with an attorney concerning questions about this lawsuit, PLEASE CALL OUR CO-COUNSEL, J.P. KEMP, ESQ., to schedule an appointment to meet with him or his staff.

Mr. Kemp's office can be reached at 702-258-1183 and is located at 7435 W. Azure Drive, Suite 110, Las Vegas, Nevada 89130.  PLEASE CALL J.P. KEMP'S OFFICE TO ARRANGE A MEETING PRIOR TO SHOWING UP.  All meetings with attorneys are free, no obligation, and confidential.      



UPDATE FEBRUARY 29, 2016-
RE: QUESTIONS WE HAVE RECEIVED FROM CURRENT AND FORMER WYNN DEALERS:
We have been asked about what the Wynn's further appeal options are.  We believe the Wynn is likely to request "rehearing" of the Ninth Circuit Court of Appeals' decision.  This means the Wynn will either ask the panel of judges who issued the 2/23/16 decision to reverse that decision, or it will seek review of that decision by the En Banc Court (larger panel of judges). 
The time for the Wynn to request rehearing is 17 days after the prior decision was issued.  Therefore, absent any request for an extension of time to file that petition for rehearing, the Wynn must make its request to the Court by MARCH 11, 2016.
We will update this website as soon as we are informed about whether the Wynn will be requesting rehearing of the February 23, 2016 decision. 




UPDATE FEBRUARY 23, 2016 - UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT RULES IN FAVOR OF THE WYNN DEALERS!  You can read the decision Opinion.pdf
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This is a great victory for the Wynn dealers.  Unless overturned by further appeals (which the Wynn Casino is expected to attempt) it is hoped that this decision will require the trial court to Order the Wynn casino to return to the Wynn dealers who have joined this lawsuit the tips taken from their toke pool (but only starting in May of 2011, at the earliest, and only for the dealers who have joined the lawsuit) and given to the Wynn's floor supervisors.
    If you have not already joined this case and worked for the Wynn Casino (including Encore) as a dealer within the past three years you can get information on joining the case by clicking here.











UPDATE: JANUARY 30, 2013 -
IN JANUARY 2013 A NEW LAWSUIT UNDER THE FAIR LABOR STANDARDS ACT (THE FEDERAL LAW "FLSA') WAS FILED AGAINST THE WYNN CASINO.  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 DEALERS WHO HAVE JOINED THAT LAWSUIT FOR THE TIME AFTER MAY 4, 2011. 



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

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ATTORNEY ADVERTISEMENT, Leon Greenberg, Esq., 2965 South Jones Boulevard #E-3, 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.