Topic
Tip Pooling
148 published works
Wage & Hour Insights
Mario Batali Restaurants Settle Tip Pool Lawsuit For $5.25 Million
By Bill Pokorny
The latest news in celebrity chef wage and hour litigation is that eight New York restaurants owned by Mario Batali have agreed to settle $5.25 million to settle a class action lawsuit…
HR Law Talk
Do Bouncers Provide Customer Service? The Challenges of Tip Pooling
On February 13, 2012, the federal district court for the Middle District of Tennessee granted conditional certification of a class action case under the Fair Labor Standards Act (“FLSA”) against…
Wage & Hour Law Update
D.C. District Judge Rules Tip Pool Participation Of Maitre ‘d, Others Lawful Under FLSA
While the FLSA governs the payment of minimum wage and overtime, it does not by its statutory language regulate the receipt of gratuities. However, Section 3(m) of the FLSA (29…
Wage & Hour Law Update
Texas Court Holds “Service Bartenders” May Be Eligible To Participate In A Mandatory Tip Pool Under FLSA
The FLSA and state law often both regulate the distribution of tips. See here. Under the FLSA, an employer can require all “customarily tipped employees” to pool tips generally or require a…
Wage & Hour Law Update
USDOL Revises Tip Credit Regulations, Leaves Others Unchanged
Following up on proposed regulations issued in 2008 for notice and comment, the U.S. Department of Labor issued final regulations last week, effective 30 days following publication in the Federal…
Employment Class Action Blog
Maryland Court Rules Employer Cannot Participate in Employee Tip Pool
Once again, tip pool cases are getting attention in the federal courts. Most recently, several former employees of two taverns in Baltimore sued under the Fair Labor Standards Act (“FLSA”)…
Workforce Bulletin
EpsteinBeckerGreen Wins Dismissal of Servers’ Wage and Tip Claims Against Restaurant
By Kara M. Maciel, Epstein Becker & Green, P.C.
On January 14, 2011, EpsteinBeckerGreen helped one of its restaurant clients, the Brasserie Ruhlmann, obtain summary judgment “in its entirety” in a lawsuit brought by former waiters, bussers, and runners (“Plaintiffs”). …
Wage & Hour Law Update
Chicago Federal Court: Silverware Roller May Participate In Tip Pool
As discussed here, Section 3(m) of the FLSA (like many state laws) places restrictions on which employees within a workforce can receive and share in tips. While the FLSA permits tip…
Wage & Hour Litigation Blog
Baristas Win Battle Over Tip Jar
Authored by Brigitte Duffy Over the last decade, the Massachusetts food service industry has experienced a pervasive steam of litigation challenging tip pooling practices. At its root is the Massachusetts Tip…
Employment Class Action Blog
Seventh Circuit Finds That Overtime State Class Actions And FLSA Collective Actions Are Not Incompatible
Restaurants, hotels, and others in the hospitality industry recently have been faced with a rash of collective action cases brought under the Fair Labor Standards Act (FLSA) challenging their tip…