Gordon Walker TA Minimum Wage

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    Randell S. Hynes(702) 456-2899

    November 19, 2008

    Mr. Gordon WalkerNevada State Taxicab Authority1785 E. Sahara Ave. Ste. 200Las Vegas, NV 89104

    RE: Minimum Wage For Taxicab Drivers

    Dear Mr. Walker,

    As you are aware taxicab drivers are employees who are required to be paid minimum wage. Eventhough the Labor Commissioner investigator, Mr. Van Valkenburg apprised you in a May 28th letter thatFrias was not obligated to pay its drivers minimum wage, Im in pursuit of a fair representation claimagainst the Steelworkers. The attorney for Frias admitted they are still obligated to follow the federal FairLabor Standards Act and can count tips towards minimum wage, as long as they inform their employees.Thats only half the requirement. They must also make a cash payment to employees of $2.13/hour. Nocash payment has ever been made to a Frias driver. Call the DOL to confirm this, 388-6001.

    Regardless, there are 10 other companies with drivers who are struggling to find trips in competition withat least 192 and most probably 500 more cabs than are needed for the amount of business.

    I believe you have the authority to regulate the minimum wage problem. As the Administrator, yourcontrol of the issuance of Taxicab Driver Permits could easily gauge the number drivers available to drivethe cabs which the excessive number of medallions have been allocated. Ask for proof from eachcompany that every driver is coming in with at least $200 to $225 per 12 hour shift. Thats the range inwhich a driver will probably not earn minimum wage.

    By issuing permits to drivers without assuring that every permitted driver is earning minimum wage, youare in clear violation of NRS 608.250 (3): It is unlawful for any person to employ, cause to be employedor permit to be employed, or to contract with, cause to be contracted with or permit to be contractedwith, any person for a wage less than that established by the Labor Commissioner pursuant to the

    provisions of this section.

    Mr. Walker, I began my activist work during this week last year by complaining about the delay anddamage of not having a full-time permanent Administrator. I believed that once an Administrator washired, then leadership of that individual would restore common-sense and fairness to an agency that wasbasically on auto-pilot. Its been unclear what your presence has contributed to the agency because theonly things that weve heard from you is: Cab drivers dont have anything to complain about becauserevenue per shift is up; a press release that announced the meter increases before the board had evenconsidered it; and much appreciated withdrawal of temp medallions at the end of a show.

    The staff recommendation made at Tuesdays meeting made no sense. Mr. Kuzik analyzed the numberssaw no need for more medallions, asked for feedback and got no sensible responses, thenrecommended 224 extra shifts. Are you obligated to stand by while this non-sense persists?

    Im in the final stages of aligning my efforts with a proposed new Local of the ITPE, which has put theUnited Taxicab Drivers Corp. on hold. I have a tremendous following of both union and non-union drivers,standing by, hoping and praying for better days. Im haunted by conversations that Ive had with driversafter shifts where they were taking home less than $50 including tips, and Ive promised to help. Help!

    With Sincerest Regards,

    Randell S. Hynes