TheoHuxtable
TheoHuxtable
Joined: Feb 24, 2016
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February 24th, 2016 at 9:57:39 AM permalink
The real question is, what machinations will Steve use to side step this latest ruling?

But assuming the Wynn does abide by the court ruling does this mean Wynn dealers tokes go up 40% and all their sups quit?
Views are my own...
TheoHuxtable
TheoHuxtable
Joined: Feb 24, 2016
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February 24th, 2016 at 9:58:19 AM permalink
Here's an article on review journal but I can't link to it just yet

http:// /business/casinos-gaming/9th-circuit-court-overturns-tip-pooling-policy-wynn-las-vegas
Views are my own...
ThatDonGuy
ThatDonGuy
Joined: Jun 22, 2011
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February 24th, 2016 at 11:18:39 AM permalink
Here is the printed decision

If I am reading this right, the problem is, tips given to dealers and food servers, who are "regularly and customarily" tipped, must be shared with kitchen staff and floor supervisors, which are not (note that the decision also includes a case brought about by the Oregon Restaurant and Lodging Association). The court previously ruled that this is allowed if management takes what is called a "tip credit" - i.e. counts tips against the minimum wage. Apparently, Wynn (as well as the Oregon plaintiffs' employers) does not, and the ninth circuit decided 2-1 that, in this case, since the law doesn't mention cases where there is no tip credit, then tip pooling cannot be mandated. (The dissent claimed, "Never mind that this is a case where there is no tip credit; we already ruled that tip pooling can be enforced as long as any of the employees are normally tipped. Reversing precedent like this is what en banc hearings are for.")
FleaStiff
FleaStiff
Joined: Oct 19, 2009
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February 24th, 2016 at 10:22:37 PM permalink
The question is not 'tip pooling' or mandated tip pooling; the question is may an employer arbitrarily include in the 'pool' persons who are not normally in the class of employees getting tipped.

Its customary to have a barback share a bartender's tips at a very low rate. Bus boys might share a waitress tip at some rate.... but it is never customary to tip a Floor Person, Pit Boss or Box man. Yet Wynn wants to take the dealer's tips and include the box man since that will retain box men who otherwise might be losing income by being elevated to Box.

A box has a suit and a salary and Wynn wants to sweeten the box's salary with tips taken from the dealers.

Dual rates (Boxmen who rotate as dealers) are similarly included in tips that would not normally be theirs at all.
MrV
MrV
Joined: Feb 13, 2010
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February 25th, 2016 at 3:53:03 AM permalink
Why haven't all the dealers unionized?

That would end this nonsense.
"What, me worry?"
FleaStiff
FleaStiff
Joined: Oct 19, 2009
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February 25th, 2016 at 6:16:28 AM permalink
The Venetian is bugged, anyone using the word union on the premises other than during a wedding spends a night in the box, any one a trying to get a close view of the tip counting spends a night in the box, any man a loud talkin' spends the night in the box.
DRich
DRich
Joined: Jul 6, 2012
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February 25th, 2016 at 6:45:24 AM permalink
Quote: MrV

Why haven't all the dealers unionized?

That would end this nonsense.



The dealers at the Wynn probably average double the income of the typical Las Vegas dealer and my assumption is that they feel like if they rock the boat they might lose their job before the unionization happens.

Edit: I just read an article that implies that the Wynn dealers now do have union representation but that they did not at the time of the ruling.
MrV
MrV
Joined: Feb 13, 2010
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February 25th, 2016 at 8:13:02 AM permalink
Quote: DRich

Edit: I just read an article that implies that the Wynn dealers now do have union representation but that they did not at the time of the ruling.



I didn't know that.

So much for me making a seemingly groundless assumption.
"What, me worry?"
AcesAndEights
AcesAndEights
Joined: Jan 5, 2012
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February 25th, 2016 at 4:18:14 PM permalink
Quote: FleaStiff

The Venetian is bugged, anyone using the word union on the premises other than during a wedding spends a night in the box, any one a trying to get a close view of the tip counting spends a night in the box, any man a loud talkin' spends the night in the box.


"So drink gamble eat f***, because one day you will be dust." -ontariodealer

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