Cotter v. Desert Palace

880 F.2d 1142 132 L.R.R.M. (BNA) 2007 , 112 Lab.Cas. P 11,385 Edward A. COTTER, et al., Plaintiff-Appellant, v. DESERT PALACE, INC., a corporation licensed and authorized to do business in the State of Nevada, doing business as Caesar's Palace, doing business as Caesar's Palace Hotel & Casino, and DOES I through X, inclusive, Defendant-Appellee. No. 88-15084. United States Court of Appeals, Ninth Circuit. Argued and Submitted June 5, 1989. Decided July 28, 1989. Oscar B. Goodman, Las Vegas, Nev., for plaintiff-appellant. Paul R. Hejmanowski, Rick D. Roskelley, Lionel, Sawyer & Collins, Las Vegas, Nev., for defendant-appellee. Appeal from the United States District Court for the District of Nevada. Before FARRIS, THOMPSON and TROTT, Circuit Judges. FARRIS, Circuit Judge: 1 Plaintiffs appeal from an order denying their motion for a preliminary injunction. We affirm. BACKGROUND 2 The plaintiffs are professional dice dealers at Caesar's Palace Casino in Las Vegas. The dealers work in crews of four, with each crew assigned to one dice table per shift. They are paid hourly wages by the casino and receive customer tips, or "tokes." 3 Prior to March 1, 1988, there was a…