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Court Nixes Dealers’ |Tip-Sharing Class Action

CARSON CITY, Nev. (CN) - Casino dealers cannot bring a class action against their employers for allegedly requiring them to share their tips with lower management, the Nevada Supreme Court ruled.

Daniel Baldonado and Joseph Cesarz filed the suit to challenge the practice of Wynn Las Vegas LLC.

Justice Douglas ruled that because Wynn's practice is prohibited by NRS 608.160, the dealers cannot bring a private cause of action against them. The Labor Commissioner must hear their complaints.

The dealers also lack standing to seek declaratory relief, Douglas ruled, because they have an adequate statutory remedy.

Finally, the dealers cannot prevail on their breach of contract claim, because the future distribution of tips was not addressed in their employment contract.

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