The tip pooling program for casino dealers at Wynn Resorts will not be reconsidered by the 9th Circuit Court of Appeals.
The next stop for this case involving about 650 dealers at the Wynn-Encore casinos is the U.S. Supreme Court, should the company decide to follow that route.
A three-judge 9th Circuit panel had ruled in February that a lower court was wrong when it reversed a lower court ruling that allowed the Wynn casinos to pool their tips and distribute them to casino personnel other than dealers.
Judge Harry Pregerson, writing for the 9th Circuit majority said in the most recent ruling that the Wynn program to expand the distribution of tips appeared to violate the Fair Labor Standards Act.
Attorney Leon Greenberg said his next step is getting damages for the Wynn dealers affected by the decision.
Phil Hevener has been writing about the Nevada gaming business for more than 30 years. Email: .