The tokes and the truth! II

I will now discuss the relevant part of the statute NRS 608.160 COMPENSATION, WAGES AND HOURS and what section applies to Wynn Las Vegas and the dealers. To read the NRS and the relevant section click here. It is at the very top of the page.

Specifically:

NRS 608.160  Taking or making deduction on account of tips or gratuities unlawful; employees may divide tips or gratuities among themselves.

      1.  It is unlawful for any person to:

      (a) Take all or part of any tips or gratuities bestowed upon his employees.

      (b) Apply as a credit toward the payment of the statutory minimum hourly wage established by any law of this State any tips or gratuities bestowed upon his employees.

      2.  Nothing contained in this section shall be construed to prevent such employees from entering into an agreement to divide such tips or gratuities among themselves.

      [1:17:1939; 1931 NCL § 2826] + [2:17:1939; 1931 NCL § 2827]—(NRS A 1967, 623; 1971, 1263; 1973, 644)

First we will look at #1.

1.  It is unlawful for any person to: Steve Wynn is certainly a person.

Now section (a):

(a) Take all or part of any tips or gratuities bestowed upon his employees.

Steve Wynn took the tokes from the dealers. The floor people did not take them from us as they could not. They did not have the ability to do so. The fact that he did not keep them for himself does not mean that he did not take them. Remember that they did not originally have them. If he did not take them then how did they get them?

A woman walks into a bank and takes a bag of money. She then goes outside and gives the money to someone else. Soon thereafter the woman is apprehended but no longer has possession of the money. The fact that she no longer has the money in no way negates the fact that she took it. The person outside the bank did not take the money and had no other means to acquire it if it was not given to them.

(a) Take all or part of any tips or gratuities bestowed upon his employees.

The tips we receive as dealers are certainly bestowed upon us. We do not take them from players. They are given to us, bestowed upon us, by the guests. And the last time I checked we were certainly "his employees."

Now we will look at #2.

Nothing contained in this section shall be construed to prevent such employees from entering into an agreement to divide such tips or gratuities among themselves.

Again, we are certainly employees and we never entered into an agreement to divide the tips with the floor people as they are not part of us ( among themselves ).

So as you see there is a gross violation of the statute.

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