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.

UPDATE OF MARCH 3, 2009

PLEASE NOTE THIS OFFICE IS NOT ACCEPTING JOINDER FORMS FOR THE FEDERAL MINIMUM WAGE (FLSA) LAWSUIT AT THIS TIME.   BASED UPON THE RECENT COURT OF APPEALS HOLDING IN THE CUMBIE CASE IT IS UNLIKELY THAT A CLAIM CAN BE MADE THAT WYNN VIOLATED THE FEDERAL MINIMUM WAGE LAW THROUGH THEIR TIP POOLING POLICY.  ADDITIONAL INFORMATION WILL BE POSTED ON THE WEBSITE SOON ABOUT THIS AND ALL OTHER DEVELOPMENTS.

THIS IS THE WEBSITE FOR WYNN CASINO DEALERS ABOUT THE ATTORNEYS FIGHTING FOR ALL OF THE WYNN DEALERS AND THE CASE THEY HAVE BROUGHT TO GET BACK ALL TIPS TAKEN BY THE WYNN CASINO FROM ALL DEALERS

UPDATE AUGUST 28, 2009 AND GUIDE TO THIS WEBSITE:

Two different legal claims, one involving a violation of Nevada's laws regarding the taking of tips and one involving a violation of  the Federal minimum wage law (the Fair Labor Standards Act) are being pursued by the attorneys sponsoring this website.  Those two legal claims involve three separate legal proceedings.  The first is the Nevada Labor Commissioner administrative proceeding for violations of NRS 608.160, 608.100 and 613.120 involving the taking of tips, this case was started in 2008.  The second is a Federal Court lawsuit filed in 2009 claiming Wynn's taking of tips violates the Federal Minimum Wage Law.  The third case that will be filed soon with the Nevada Labor Commissioner involves claims that Wynn's violations of the Federal minimum wage law are also a violation of Nevada law, NRS 608.100.  The reason why two lawsuits are being brought over the same claim (Wynn's violation of the Federal minimum law) is that the Federal Court lawsuit may only go back two years (or possibly three years if a willful violation is established) and can also result in double damages.  The Nevada lawsuit under NRS 608.100 based upon Wynn's violations of the Federal minimum wage law will go back three years, but no double damages can be awarded in that case.

You must read below, including the update from July 19, 2009,  to get all information about both legal claims and documents you can sign and return to join one or both claims.

IMPORTANT UPDATE!  WE BELIEVE ALL WYNN CASINO DEALERS SHOULD TAKE ACTION IMMEDIATELY TO JOIN THE ADMINISTRATIVE COMPLAINT BEFORE THE NEVADA LABOR COMMISSIONER.  FAILING TO DO SO BY SEPTEMBER 1, 2009, MAY RESULT IN A PERMANENT LOSS OF A PORTION OF YOUR CLAIM TO TIPS THAT WERE TAKEN FROM YOU BY OPERATION OF THE STATUTE OF LIMITATIONS!

Why You Should Now File an Administrative Complaint

The attorneys running this website had previously advised all Wynn dealers they need not file an individual claim because there was a three year statute of limitations which would not expire until September 1, 2009.  It was hoped the Labor Commissioner would make a ruling in favor of all of the dealers prior to September 1, 2009 and the statute of limitations would not matter.  Unfortunately, it is now clear the Labor Commissioner will not make any ruling until after September 1, 2009.  As a result, it is now possible that the Labor Commissioner could find in favor of the Wynn dealers and do so in an Order issued after September 1, 2009.  That Order might only go back three years from the date it is issued meaning there could be a "lost block" of time for which Wynn, because of the three year statute of limitations, would NOT have to return the tips he wrongfully took!  It is for this reason you may want to now sign a retainer and have an Administrative Complaint filed on your behalf with the Nevada Labor Commissioner.

The attorneys running this website and pursuing Administrative Complaints against the Wynn casino are only seeking a fee for our work  if we are successful in collecting money for the dealers. If no money is collected for the dealers no fee will be paid to us. The representation and fee agreement you must sign if you wish to have us represent you agrees to a payment of an attorney’s fee of no more than 25% of the amount collected for you.  For every 50 dealers who sign that agreement the percentage would be reduced by 1%. If 250 Wynn dealers sign that agreement the fee would be 20%. If 500 Wynn dealers sign that agreement the fee would be 15%. Currently less than 50 Wynn dealers have signed the agreement.  That fee may also be reduced to a lower amount by the Court. You can download a copy of that agreement and the certification form you must also return if you wish to have an administrative complaint filed HERE.

Do I Have to Know the Exact Amount I am Owed to File a Claim?

No. You also do NOT have to file a claim on the "wage claim form" used by the Nevada Labor Commissioner and we believe your rights are better protected by filing an Administrative Complaint and not a "wage claim form". The Administrative Complaint filed in this case by Daniel Baldonado, Josephine Tang and Joseph Cesarz has been accepted by the Labor Commissioner (you can read a copy HERE).That Administrative Complaint does not contain a statement of the exact amount owed to any of the dealers and was not made on the Labor Commissioner’s "wage claim form". You can be added to that Administrative Complaint or a new Administrative Complaint will be filed on your behalf.

leongreenberg at overtimelaw.com.

THE LABOR COMMISSIONER HEARING AND ACTION WILL CONTINUE, THE NEXT HEARING DATE IS AUGUST 18, 2009.  THE LABOR COMMISSIONER PROCEEDINGS INVOLVE DIFFERENT LEGAL CLAIMS THAN THE ONES IN THE RECENTLY FILED FEDERAL FAIR LABOR STANDARDS ACT CASE.

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.