Legal Question in Employment Law in Nevada

Employer re-distributed tip pool in violation of our company policy

If a casino employer during an extremely negative meeting (the owner made some very derogatory comments to the employees during a meeting) anounced with no notice and no vote that they were going to take 2/5 of the tip pool and redistribute it to the management staff. In the company policy manual it clearly states that any change must be approved by a vote. There was NO VOTE but in order to view the paystubs on line the casino is requiring you to select that you accept the new policy- there is no option to select no. My question is - Can this be legal? This has resulted in a drastic change in pay for the casino dealers and is no where near what they stated it would be in the meeting. The Dept of Labor laws that I have been able to find are unclear. Thanks for any advice.


Asked on 9/11/06, 3:33 am

1 Answer from Attorneys

Leon Greenberg Leon Greenberg Professional Corporation

Re: Employer re-distributed tip pool in violation of our company policy

I am very interested in this situation. Yes, you are correct, in that while Nevada does have laws on tip pooling, it is somewhat unclear exactly how that applies to your situation. I would venture the opinion that a failure to have this new plan truly approved by a fair vote of workers may well be a significant legal issue. There is no clear "yes" or "no" answer that I can give as to whether what is going on is legal, but there may well be a good basis to fight this in Court (but I need more information to form a more clear opinion on that and on whether it is a case I would be interested in pursuing). I only take cases on a collection (no collection/no fee) basis so you can contact me and provide additional information at no cost to you. It would be best to speak on the phone further about this. You can send an email to me directly at wagelaw at hotmail.com with your phone number or visit my website, overtimelaw.com, where my phone number is located (I am not permitted to post my phone number in this forum).

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Answered on 9/11/06, 4:15 pm


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