Topic
Tip Pooling
148 published works
Wage & Hour Law Update
New York Judge: Deduction of Full “Seamless Web” Fees from Gratuities Potentially Violates FLSA, New York Law
In a decision sure to attract attention within the New York hospitality industry, Judge Alison J. Nathan of the United States District Court for the Southern District of New York…
BeLabor the Point
Be Mindful Who is Included in Your Tip Pool – FLSA Lawsuits are Lurking
A recent case from the federal court in Orlando provides a reminder that sharing pooled tips too widely could violate the Fair Labor Standards Act and expose the employer for…
Wage & Hour Law Update
Florida Federal Court Holds Kitchen Chef Improper Tip Pool Participant
The FLSA regulates tip pool participation by limiting pool participants to employees who are “customarily and regularly tipped” as set forth in DOL guidance and interpreted by the courts. While the…
Employment & Labor
Don’t Gamble On Tip-Pooling Arrangements
By: Brendan J. Begley On Wednesday, the California Court of Appeal affirmed a casino’s tip-pooling arrangement for its card-dealer employees in Avidor v. Sutter's Place, Inc. That published decision (available…
Wage & Hour Law Update
Starbucks Tip Jar Wars Rage On: First Circuit Excludes Shift Supervisors From Massachusetts Tip Jars
The Court of Appeals for the First Circuit has ruled that under Massachusetts’ unique tip statute, shift supervisors cannot participate in the tip jar-based tip pool in Massachusetts locations. Matamoros v.…
Wage & Hour Litigation Blog
The Trouble with Treble: First Circuit Upholds Massachusetts Mandatory Treble Damages Law, Affirms Class Certification, and Interprets Tip Pooling Law
Co-authored by: Ariel Cudkowicz and Jessica Schauer Lieberman On Friday November 9, 2012, the First Circuit Court of Appeals issued a decision interpreting two key Massachusetts wage and hour statutes,…
Wage & Hour Litigation Blog
Battle “Grande” over Starbucks’ Tip Pools Heading to the New York Court of Appeals
Co-authored by John W. Egan and Robert Whitman Tip pools and tip sharing are hot topics in New York for employers in the food service and hospitality industries. The…
Wage & Hour Law Update
Second Circuit Asks New York Highest Court for Clarity As To Who May Participate In a Tip Pool
Under New York law, a customarily tipped employee cannot be forced to share tips with an employer or its “agent”. In 2009, a New York federal judge ruled that Starbucks…
Wage & Hour Insights
Another Celebrity Chef Runs Afoul of Tip Pooling Rules
By FranczekPC
Shortly after my co-author, Bill Pokorny, wrote about celebrity and Iron Chef Mario Batali’s multi-million dollar settlement of a class action tip pooling lawsuit, another celebrity chef here in Chicago…
Workforce Bulletin
Tip Pools: Challenging DOL’s Amended Rule on Employee Participation
By Kara M. Maciel, Epstein Becker & Green, P.C.
By: Kara M. Maciel In April of 2011, the U.S. Department of Labor (“DOL”) changed its rule defining the general characteristics of tips in an attempt to overrule the U.S. Court…