Refusal to overturn appellate ruling could lead to big tip bill for casino

Hundreds of Wynn Las Vegas dealers are a step closer to a long-awaited fat paycheck.

The U.S. Supreme Court on Monday denied a petition by Wynn Las Vegas to overturn a lower court’s ruling that the casino operator must end its practice of sharing dealer tips with supervisors.

Wynn Las Vegas requires dealers to share 15 percent of the tips left by gamblers with their pit boss.

The company is the only Las Vegas gaming operator with that policy. Wynn dealers can earn close to six figures, potentially putting their total compensation above that of their supervisors.

“This is a major milestone for the dealers,” said Kanie Kastroll, a dealer who represents Wynn union workers. Kastroll said the policy has cost her as much as $150,000 in tips over the years.

The dealers filed their latest case in 2013 in district court in Nevada and lost. However, they came out victorious when they appealed to the 9th U.S. Circuit Court of Appeals. Wynn Las Vegas subsequently brought the case to the Supreme Court.

Following Monday’s ruling, the case will go back to state District Judge Robert Jones, said Joshua Buck of Thierman Buck LLP, the firm representing the dealers.

“I feel strongly we will prevail and recover the tips and the wages on behalf of the

WYNN I feel strongly we will prevail and recover the tips and the wages on behalf of the dealers.

dealers,” Buck said.

Wynn Las Vegas put the policy into effect in 2006, immediately sparking anger among dealers and pushing them into initial legal proceedings. However, dealers would only be able to recover lost compensation from May 2011 at the earliest.

About 800 current and former Wynn dealers have joined the suit over the years, attorney Leon Greenberg said. The dealers could stand to receive more than $50 million, Buck said.

Wynn Las Vegas is not about to give up its fight.

The Supreme Court’s decision neither ratifies the lower court’s decision nor implies the company has violated any regulations, Wynn spokesman Michael Weaver said.

”We will vigorously defend our position and anticipate a finding in our favor,” he said.

Wynn Las Vegas is being represented by Eugene Scalia, a partner at Gibson, Dunn and Crutcher and son of the late Supreme Court Justice Antonin Scalia.

Contact Todd Prince at 702-3830386 or tprince@reviewjournal.com. Follow @toddprincetv on Twitter.