Nev. Rev. Stat. » NRS: CHAPTER 608 - COMPENSATION, WAGES AND HOURS

Nev. Rev. Stat. § 608.160

Taking or making deduction on account of tips or gratuities unlawful; employees may divide tips or gratuities among themselves

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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
Cited in 16 cases (1 in the last 5 years), 1973–2023 · leading case: Baldonado v. Wynn Las Vegas, LLC
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Baldonado v. Wynn Las Vegas, LLC (2008) nev · 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 (1983) nev · 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 (2013) nev · 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 International Hotel, Inc. (1975) nvd · 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. (2008) nev · 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 (2013) ca9 “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. (1988) nvd · 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 International Airlines, Inc. v. Bryan (1981) nvd · 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 Commissioner v. Mapes Hotel Corporation (1973) nev · 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. (2009) calctapp “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 COMMITTEE v. Miller (2009) nvd “The PEST Initiative seeks to amend NRS 608.160 to prohibit an employer from requiring an employee to share her tips with her supervisors.”
NEVILLE, JR. VS. DIST. CT. (TERRIBLE HERBST, INC.) (2017) nev · cites it 2× “In a footnote, we contrasted NRS 608.160 with NRS 608.140 and stated that NRS 608.”
Show all 16 citing cases →
— Nev. Rev. Stat. § 608.160(1) — 2 cases
Baldonado v. Wynn Las Vegas, LLC (2008) nev “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 Commissioner v. Mapes Hotel Corporation (1973) nev “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. (2008) nev “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.”
Terry v. Sapphire Gentlemen's Club (2014) nev
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