State regulator won’t challenge tip-pooling

Thursday, Aug. 5, 1999 | 12:17 p.m.

The Nevada Labor Commission has decided not to challenge tip-pooling practices at the new Resort at Summerlin, stating that it believes the Resort is in full compliance with state law.

The commission began a preliminary investigation into the matter at the request of the Nevada Casino Dealers Association. The association is challenging the resort's establishment of a "casino host" position, which encompasses the positions of dealer and floorman, and the practice of pooling tips among these employees.

In letters to the commission and the Gaming Control Board, the association claimed the Resort was able to pay management lower pay through the practice and was thus subsidizing management at dealers' expense.

In a reply letter to association vice president Jack Lipsman, acting Commissioner Gail Maxwell said she believed "the Resort at Summerlin is not in violation" of state law.

"From my investigation and legal research, it appears that an employer of at-will employees may require and establish tip-pooling," Maxwell wrote.

The Resort has said the casino host position allows employees to move along a career path more quickly. It has also pointed out that the pay for such positions exceeds the average dealer pay on the Strip.

Gaming Control Board Chairman Steve DuCharme has said he believes the practice is not in violation of gaming regulations.