UPDATE JANUARY 16, 2019
On January 16, 2018, the United States District Court, District of Nevada (Judge Robert C. Jones) granted the Wynn and Encore's Motion to Dismiss the Complaint. A copy of that Order can be viewed by clicking here. In sum, the Court found that Congress's enactment of a new law in 2018 had nullified the prior regulation on which the dealers' Complaint was based. The Court found that Congress prohibited the prior regulation from having any further "force" or "effect." It further found that if the Wynn and Encore were to suffer money damages based upon a violation of the prior regulation, it would constitute an impermissible further "force" or "effect" of the now-nullified regulation.
We are disappointed with the District Court's decision in this case and intend on appealing the dismissal. The time to appeal under the Federal Rules is 30 days from the date of entry of the order. We anticipate filing a Notice of Appeal with the Ninth Circuit Court of Appeals on or before February 15, 2019. Please check this website after that date for further information as we begin the appeals process. As always, we will do our best to communicate all information as soon as we get it. We appreciate all questions being communicated to our associate attorney, Dana Sniegocki, by e-mail at email@example.com, who will do her best to promptly respond to all inquiries.
UPDATE DECEMBER 28, 2018
The Court held a hearing on December 17, 2018 on the Wynn's Motion to Dismiss the lawsuit. The Court ruled in favor of the Wynn, and indicated it would be dismissing the case. The judge has not yet issued a written decision. While the attorneys representing the dealers intend on appealing this most recent decision to dismiss the lawsuit, we cannot do so until the judge has issued a written decision. We do not know when the judge plans to enter that written order (and there is no deadline for him to do so). We will update the website once that written decision is entered and we begin the appeals process. We are disappointed in this ruling and will continue to fight for the dealers. As always, we will do our best to communicate all information as soon as we get it. We appreciate all questions being communicated to our associate attorney, Dana Sniegocki, by e-mail at firstname.lastname@example.org, who will do her best to promptly respond to all inquiries.
UPDATE DECEMBER 6, 2018
The Court has set a hearing on the Wynn's latest Motion to Dismiss. That hearing is set for December 17, 2018 at 9:30 a.m. at the federal court house in downtown Las Vegas in courtroom 4B. You are not required to attend this hearing. It is not clear whether the Court will rule on the motion from the bench or whether it will hear oral arguments and issue a ruling at a later date. We will update this website after the hearing when we know more.
UPDATE OCTOBER 29, 2018
We are aware that the Wynn has provided dealers with "Acknowledgment of Wage Change" forms which require signatures from the dealers. This document indicates that, effective November 12, 2018, the hourly pay for dealers, which is currently $9.25 per hour, will be decreasing to $8.25 per hour. Signing this document and acknowledging the wage change does NOT affect your ability to continue to participate in our lawsuit, nor does it have any effect on this case. You may feel free to sign this document and acknowledge the change in your wage.
UPDATE OCTOBER 24, 2018
We have been advised that the Wynn and Encore, as of November 12, 2018, will end their policy of allowing supervisors to participate in the dealers' tip pool. This is another great victory for the dealers, and we are happy to hear that the Wynn and Encore will finally come into compliance with the law. SO, WHAT DOES THIS MEAN FOR OUR CASE?
You may hear rumors that because the company is ending the policy, it means the Wynn will have to "pay up" what it has taken in the past from the dealers. This is not true. The company's decision to end this practice does not affect our case. Just because Wynn and Encore have agreed to end the policy going forward, it does not mean they are admitting the policy in the past was unlawful. They can still continue to defend the lawsuit and argue that they have not violated the law. On our end, we will still continue to litigate this matter to recover the tip money taken from the dealers in the past years. PLEASE CONTINUE TO CHECK THIS WEBSITE FOR FURTHER UPDATES. As always, we ask that any questions be submitted by e-mail as that is the fastest way for us to respond to you. So, rather than calling, please contact our associate attorney, Dana Sniegocki, by e-mail at email@example.com, who will do her best to promptly respond to all inquiries.
UPDATE JUNE 25, 2018
Another successful victory for the Wynn Dealers!!
Today, the United States Supreme Court DENIED the Wynn's request to hear an appeal. That means the decision of the Ninth Circuit Court of Appeals, issued on February 23, 2016, will stand.
WHAT DOES THIS MEAN FOR THE DEALERS?
It means that our case will be returned to the United States District Court for further proceedings. Conceivably, the Wynn can continue to litigate this case on the facts. That means, the Wynn can present arguments to the Court that the supervisors are, themselves, tipped employees, and therefore the Wynn is not violating the law by allowing them to participate in the tip pool. It is not clear yet how the Wynn intends to proceed. But, we should expect that the Wynn may continue this fight for months, and maybe even years. It is important that each of the dealers understand that this case and our struggle may continue for a long time and that there is no guarantee that we will be successful.
Here at our office, we will continue fighting the good fight and doing all that we can in our quest to secure a full victory for the dealers. WE ARE ON YOUR SIDE. Please understand that we will do our best to answer your questions and communicate whatever information we can as soon as possible. We ask that any questions be submitted by e-mail as that is the fastest way for us to respond to you. So, rather than calling, please contact our associate attorney, Dana Sniegocki, by e-mail at firstname.lastname@example.org, who will do her best to promptly respond to all inquiries. Please also check this website frequently for official updates. We understand that rumors often circulate about the progress of this case, but you should keep in mind that if you do not see it on this website, chances are, it probably is not true.
Congratulations on this small victory, and we look forward to more in the future!
UPDATE APRIL 13, 2018
We are aware that Wynn and Encore have not changed their tip pooling policy in response to the new legislation that was signed on March 23, 2018. As a result, we intend to file a new lawsuit on behalf of all the dealers we currently represent (and who are still employed at Wynn or Encore) which will allege violations of this new law. While there is no rush to file a new lawsuit because plaintiffs have two years to file a complaint after a violation occurs, we anticipate filing it very soon. We will update this website as soon as the new lawsuit is filed and provide a link to download a copy of the complaint. Thanks for your patience.
UPDATE MARCH 26, 2018
The new legislation signed by the President of the United States on March 23, 2018 appears to be immediately effective. We believe such legislation includes a provision that disallows the type of tip-pooling practice currently in use at the Wynn and Encore casinos. Under this interpretation of the new legislation, the Wynn and Encore, as of the current pay period, should modify their payment practices to reflect the new change in the law. That means the Wynn and Encore should immediately cease the practice of forcing dealers to share their tips with their superiors.
How does this new legislation affect our case? IT DOESN'T. Our case concerns the Wynn and Encore's tip-pooling policy under prior Department of Labor regulations that were issued under the Obama administration in 2011. Our case is concerned with the Wynn and Encore's violations of those previous regulations. Therefore, our case will continue despite the recently enacted legislation. Please check back here frequently for updates.
UPDATE NOVEMBER 10, 2017
The United States Supreme Court has still not indicated whether it intends to take up the Wynn's appeal petition. We expect that the Supreme Court will decide in the early part of 2018 whether it will hear Wynn's appeal. If it decides to take the appeal, we do not anticipate having a decision on that appeal until some time in late 2018 or early 2019. If the Supreme Court decides not to take up Wynn's appeal, the case will be sent back to the District Court for further proceedings. Please check back here frequently for updates.
UPDATE SEPTEMBER 9, 2016
The Wynn has requested a "stay" of the Ninth Circuit's decision pending a response from the U.S. Supreme Court on the petition for review by that Court. This means the Wynn is asking the Ninth Circuit Court of Appeals to hold off on sending this case back to the District Court for further proceedings until the parties are informed whether or not the Supreme Court will take up Wynn's appeal request. The Ninth Circuit Court of appeals has granted the Wynn's stay request, so this case will remain on hold with the Ninth Circuit Court of Appeals until the Supreme Court issues a determination on accepting an appeal. We do not expect to hear anything from the U.S. Supreme Court until 2017, so we anticipate this case will remain "stayed" with the Ninth Circuit Court of Appeals until at least the first or second quarter of 2017. Please check back here frequently for updates.
UPDATE SEPTEMBER 6, 2016
We have received another small victory in this case! On September 6, 2016, the Ninth Circuit Court of Appeals issued a decision which DENIED ORLA's (see below update from 4/12/16 for explanation) petition for rehearing from the full court. This decision also applies to the Wynn's appeal.
WHAT THIS MEANS:
This decision means the District Court's order dismissing our case against the Wynn is reversed. Unless the United States Supreme Court accepts the Wynn's (or ORLA's) petition to review the 9th Circuit's decision (this is done only by permission of the Court, not as of right), the Wynn will have run out of appeal options and must proceed with the case back in the District Court. We do not know when the U.S. Supreme Court will act on the Wynn's petition, and it may be some time before we hear anything. Please continue to check back here frequently for all updates on this case.
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.
UPDATE APRIL 1, 2016
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 in. 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!!
WYNN AND ENCORE DEALERS WEBSITE
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 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 HERE
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 download the forms that must be filled out to join 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
IF YOU HAVE QUESTIONS PLEASE SEND US AN EMAIL FROM OUR "CONTACT US" PAGE
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