Nightclub workers sue Wynn Resorts over tip pooling

Wynn Resorts is being sued by two of its nightclub employees, who claim the resort's tip pooling policy violates Wynn's collective bargaining agreement with the culinary and bartenders' unions. The federal lawsuit filed late Monday charges breach of written contract and seeks an injunction and class action status.

Lawyers for plaintiffs Kevin Carter and Daniel Gerstel claim Wynn Resorts has been improperly sharing tips earned by culinary and bartenders' union members with management, in violation of the bargaining agreement. Management personnel are not classified as employees entitled to gratuity sharing under the agreement, the lawsuit claims.

Carter and Gerstel have been employees at both Tryst at Wynn Las Vegas and XS at Wynn's sister property, Encore. Carter is a shop steward for Bartenders Union Local 216, while Gerstel is a shop steward for Culinary Union Local 226.

Attorneys for the parties and Wynn Resorts were not available for comment late Monday.

Contact reporter Valerie Miller at or 702-387-5286.