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I fell at work, did not get paid tokes while waiting on drug test results dealer MS

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  • I fell at work, did not get paid tokes while waiting on drug test results dealer MS

    I am a Dealer in a Mississippi Casino,
    The toke bylaws say tokes will not be paid for any leave of absence and lists administrative leave, and other types of leave specifically which do not apply to my circumstances (atleast I do not think they apply). I can not find what administrative leave means. This was a fall caused by water on the floor with witnesses seeing the water and the fall.

    I had xrays taken of my back which my doctor suggested I get taken on a previously scheduled doctor appointment I had before the accident, all ok. But I was not paid tokes and through no fault of my own had to miss 2 weeks of work while my drug test was sent out and analyzed.
    It came back with no problems. I can not even find out exactly when the test results were in and I was approved to return to work. Workmans Comp pays a lot less then tokes but I only got paid by the casino (less than minimum wage) not the tokes.


    The toke chairman on my shift does not like me and I would like to know if others were paid tokes and under what circumstances. How can I find this out and build a case for them to pay me my tokes? Do I have to get a lawyer to get this information or can I write a formal request of some sort that would work?

    Thank you,
    Boosue2000

  • eerelations
    replied
    Originally posted by GotSmart View Post
    Tokes, drug test, dealer~~~ I was extremely confused by this title.
    Uh-huh so was I.

    Leave a comment:


  • GotSmart
    replied
    Tokes, drug test, dealer~~~ I was extremely confused by this title.

    Leave a comment:


  • drruthless
    replied
    Originally posted by boosue2000 View Post
    In the casino business tips are called tokes do not ask me why.
    Thanks, you learn something new eveyday....

    Leave a comment:


  • DAW
    replied
    Looking at federal law (FLSA) only,
    - It is very likely that you are legally a non-exempt employee subject to the federal minimum wage and overtime rules. The feds care (a lot) about paying people MW/OT based on hours actually worked. The feds generally do not care at all about paying people for hours not worked. The feds are likely fine about you being kept on unpaid leave forever. Not their issue. Feds do not really care about paid leave at all. In fact there are many things that the feds do not care about.
    - It is also very likely that you are subject to the federal rules on tips. These rules are too complicated to summarize, so you are going to have to actually read the factsheet. I can say that if tips are otherwise due, putting you on leave for any reason would not make the tips un-due.
    http://www.dol.gov/whd/regs/compliance/whdfs15.htm

    Your state is not my state and I have no expertise in MS law. I can say that MS has a reputation for being a "just like federal" state with littile or nothing in the way of state specific labor law. But even if your state has actual labor laws, there is nothing any state can do to make federal law go away.

    Any time someone says "casinos", I think of the possibility of casinos which are on a Native American Reservation. This is complicated but some of the time, Native American Reservations act like state governments legally. Meaning it is not certain that state labor law applies on Native American Reservations, although federal law certainly does. Since MS is generally considered to be a "just like federal" state, that might not be a big deal in this situation.

    Leave a comment:


  • boosue2000
    replied
    Tokes = TIPS....and it is called the toke not tips

    In the casino business tips are called tokes do not ask me why.

    Originally posted by drruthless View Post
    Have you tried a dictionary?


    If you were paid less than minamum wage, file a wage claim for the difference.


    How are we possibly to know that ?



    I'd suggest you hire an Attorney, one that speaks your language.
    Good Luck.
    .._______________
    ~ Free advice is like a public defender,
    you get what you pay for. ~ drr

    Leave a comment:


  • drruthless
    replied
    Das ist in der Doktor!

    Originally posted by boosue2000 View Post
    I am a Dealer in a Mississippi Casino,
    The toke bylaws say tokes will not be paid for any leave of absence and lists administrative leave, and other types of leave specifically which do not apply to my circumstances (atleast I do not think they apply). I can not find what administrative leave means.
    Have you tried a dictionary?

    This was a fall caused by water on the floor with witnesses seeing the water and the fall. I had xrays taken of my back which my doctor suggested I get taken on a previously scheduled doctor appointment I had before the accident, all ok. But I was not paid tokes and through no fault of my own had to miss 2 weeks of work while my drug test was sent out and analyzed.
    It came back with no problems. I can not even find out exactly when the test results were in and I was approved to return to work. Workmans Comp pays a lot less then tokes but I only got paid by the casino (less than minimum wage) not the tokes.
    If you were paid less than minamum wage, file a wage claim for the difference.

    The toke chairman on my shift does not like me and I would like to know if others were paid tokes and under what circumstances.
    How are we possibly to know that ?

    How can I find this out and build a case for them to pay me my tokes? Do I have to get a lawyer to get this information or can I write a formal request of some sort that would work?

    Thank you,
    Boosue2000
    I'd suggest you hire an Attorney, one that speaks your language.
    Good Luck.
    .._______________
    ~ Free advice is like a public defender,
    you get what you pay for. ~ drr

    Leave a comment:

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