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\n\tBy SEAN WHALEY
\n\tLAS VEGAS REVIEW-JOURNAL CAPITAL BUREAU<\/p>\n
\tCARSON CITY \u2014 The Nevada Supreme Court said in a unanimous decision on Thursday that tip sharing by casino dealers with employees of higher rank is permitted under state law.<\/p>\n
\tThe decision reversed a lower court ruling that found that a policy implemented by casino developer Steve Wynn requiring hundreds of dealers to share tips with supervisors did not comply with Nevada law.<\/p>\n
\tClark County District Court Judge Kenneth Cory ruled in 2011 that Michael Tanchek, Nevada\u2019s labor commissioner at the time, erred last year when he found the Wynn tip-pooling policy did not violate state law.<\/p>\n
\tThe decision, written by Justice Michael Douglas, sends the case back to district court to review the Labor Commissioner\u2019s decision regarding the validity of Wynn\u2019s tip-pooling policy.<\/p>\n
\tCory set aside the labor commissioner\u2019s decision, finding it violated state law because it directly benefitted the Wynn Casino.<\/p>\n
\t\u201cWe hold that the district court erred in overturning the labor commissioner\u2019s decision because the Wynn did not keep any of the tips from the pool; rather, the Wynn distributed the money among its employees,\u201d Douglas wrote.<\/p>\n
\tNevada law prohibits an employer from taking and keeping an employee\u2019s tips, but it does not prohibit a tip policy that splits the tips among employees, the court said. As a result, Cory should not have rejected the labor commissioner decision, it said.<\/p>\n
\tBecause Cory found that the tip sharing policy violated state law, he did not address other issues raised by dealers Daniel Baldonado, Joseph Cesarz and Quyngoc Tang.<\/p>\n
\tThe Supreme Court ordered the other issued to be reviewed by the lower court.<\/p>\n