

Below you will find a copy
of the letter Assemblyman Bob Beers sent to the Nevada Legislature last session:
The
existing Nevada Revised Statute reads:
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 his employees.
(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 his
employees.
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)
There
is a tradition in Nevada
whereby a dealer, waitress, or any other tip-earner is rewarded by a grateful
patron in a singular manner.. A number of tip-earners have honed their abilities
to please the customer to the point that they have been able to provide
themselves a very good living.
Now
it appears that the law is not being applied in the above stated manner. A
certain Nevada Corporation believes that, regardless of the source of the tip,
the monies belong to the corporation, and therefore those tips have been
confiscated, in spite of
Nevada
law. The Labor Commission has stated that there was no confiscation because the
tips were not kept. The law, as written, is quite clear. Taking is taking. And
because the company has benefited both directly and indirectly, the law has been
broken, not simply bent.
Ladies
and gentlemen, no citizen is above the law, regardless of the political clout he
or she may wield. Whether it is the lowliest busboy or the wealthiest casino
owner, the law applies equally to us all. We cannot rewrite it on a whim to suit
our personal desires, nor should we allow officials to act in proxy to do so.
Any
Nevada
regulation, however it is written, is not law and must rely upon the Nevada
Revised Statutes as its basis for existence. Therefore if a regulation attempts
to amend existing law in order to allow the violation of that law, that
regulation must be suspect, and those who wrote it doubly so.
I
urge you to consider carefully what you do here today. What happens in
Las Vegas
does not always stay in
Las Vegas
. This issue is under the microscope of media attention. Right now you have an
opportunity to show yourselves as champions of justice. The tip-earners deserve
your protection. These men and women are part and parcel of the Nevadan
personality and they have earned our respect.
Thank
you.
Bob Beers
Assemblyman
District 21

PROTECT YOUR INCOME NOW!
