NRS
608.160 Taking or making deduction on account of tips or gratuities
unlawful; employees may divide tips or gratuities among themselves.
1. It is unlawful for any person to:
(a) Take all or part of any tips or gratuities
bestowed upon the employees of that person.
(b) Apply as a credit toward the payment of the
statutory minimum hourly wage established by any law of this State any tips or
gratuities bestowed upon the employees of that person.
2. Nothing contained in this section shall
be construed to prevent such employees from entering into an agreement to
divide such tips or gratuities among themselves.
[1:17:1939; 1931 NCL § 2826] + [2:17:1939; 1931 NCL §
2827]—(NRS A 1967,
623; 1971,
1263; 1973,
644)
Notes of Decisions
Baldonado v. Wynn Las Vegas, LLC, 194 P.3d 96 (Nev. 2008).
· cites it 29× “We primarily focus, however, on three important and novel questions: (1) whether NRS 608.160, which prohibits employers from taking employee tips, implies a private cause of action to enforce its terms; (2) whether, in the event that no private cause of action exists,…”
Alford v. Harolds Club, 669 P.2d 721 (Nev. 1983).
· cites it 13× “OPINION Per Curiam: The instant case presents an appeal from the involuntary dismissal of appellant employees’ suit alleging a casino employer improperly imposed a “tip-pooling” agreement in violation of NRS 608.160, a provision restricting an employer’s access to employees’…”
Wynn Las Vegas, LLC v. Baldonado, 311 P.3d 1179 (Nev. 2013).
· cites it 15× “*736 Respondents Daniel Baldonado, Joesph Cesarz, and Quyngoc Tang (the Dealers) filed a class-action complaint with the Labor Commissioner claiming that the Wynn’s restructured tip-pooling policy violated NRS 608.160, NRS 608.100, and NRS 613.120, which govern compensation and…”
Moen v. Las Vegas Int'l Hotel, Inc., 402 F. Supp. 157 (D. Nev. 1975).
· cites it 20× “Plaintiff contends that such a condition of employment violates NRS § 608.160, which provides as follows: “608.”
Dancer v. Golden Coin, Ltd., 176 P.3d 271 (Nev. 2008).
· cites it 2× “8 More particularly, NRS 608.160 now prohibits any person from “[a]pply[ing] as a credit toward the payment of the statutory minimum hourly wage established by any law of this State any tips or gratuities bestowed upon his employees.”
Jesse Busk v. Integrity Staffing Solutions, 713 F.3d 525 (9th Cir. 2013).
“3d 96, 102 (2008) (holding there was no implied private right of action to enforce Nev.Rev.Stat. § 608.160 when the “Legislature has expressly ordered the Labor Commissioner to enforce that statute”).”
Nunez v. Sahara Nevada Corp., 677 F. Supp. 1471 (D. Nev. 1988).
· cites it 6× “In Moen, this Court analyaze NRS § 608.160, which fits into Chapter 608 strikingly similar to the way in which NRS § 613.”
Texas Int'l Airlines, Inc. v. Bryan, 522 F. Supp. 1182 (D. Nev. 1981).
· cites it 6× “-190 provides for enforcement by an action for a penalty to be prosecuted in the proper court by the District Attorney of the County at the instance of the Labor Commissioner. We also note that NRS § 608.”
Labor Comm'r v. Mapes Hotel Corp., 505 P.2d 288 (Nev. 1973).
· cites it 5× “1 For violation of NRS 608.160, NRS 608.190(2) provides a penalty of up to $300, payable to the State, in addition to penalties NRS 608.”
Lu v. Hawaiian Gardens Casino, Inc., 170 Cal. App. 4th 466 (Cal. Ct. App. 2009).
“2d 721 ] [holding Nev. Rev. Stat. § 608.160 restricting employers' access to employees' tips did not prohibit casino from imposing tip pooling policy on dealers].”
Pest Comm. v. Miller, 648 F. Supp. 2d 1202 (D. Nev. 2009).
“The PEST Initiative seeks to amend NRS 608.160 to prohibit an employer from requiring an employee to share her tips with her supervisors.”
Nev. Rev. Stat. § 608.160(1): 2 cases
Baldonado v. Wynn Las Vegas, LLC, 194 P.3d 96 (Nev. 2008).
“We primarily focus, however, on three important and novel questions: (1) whether NRS 608.160, which prohibits employers from taking employee tips, implies a private cause of action to enforce its terms; (2) whether, in the event that no private cause of action exists,…”
Labor Comm'r v. Mapes Hotel Corp., 505 P.2d 288 (Nev. 1973).
“1 For violation of NRS 608.160, NRS 608.190(2) provides a penalty of up to $300, payable to the State, in addition to penalties NRS 608.”
Nev. Rev. Stat. § 608.160(1)(b): 2 cases
Dancer v. Golden Coin, Ltd., 176 P.3d 271 (Nev. 2008).
“8 More particularly, NRS 608.160 now prohibits any person from “[a]pply[ing] as a credit toward the payment of the statutory minimum hourly wage established by any law of this State any tips or gratuities bestowed upon his employees.”
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