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Tip Pooling

148 published works

  1. Hunton Employment & Labor Perspectives

    Ninth Circuit Approves DOL Regulation Expanding Tip-Pooling Rules To All Employers

    By Hunton & Williams LLP, Ryan A. Glasgow, Roland M. Juarez

    Under the Fair Labor Standards Act (FLSA), employers who use a tip credit to satisfy their minimum wage obligations for tipped employees must follow certain rules related to those tips.…

  2. Labor & Employment Law Blog

    Ninth Circuit Limits Tip Pooling to Customarily Tipped Employees

    By Evan Mix

    In a decision with important implications for employers throughout the service industry, the federal Ninth Circuit Court of Appeals ruled on February 23 that employers cannot implement policies requiring tipped…

  3. World of Employment

    Ninth Circuit Declares Tip Pools Invalid Under FLSA Even Where Employers Pay More Than Minimum Wage

    By Todd Hanchett

    In Oregon Rest. & Lodging Ass’n v. Perez, the Ninth Circuit ruled this week that federal law restricts a restaurant employer from maintaining a tip pool that includes “back-of-the-house” employees…

  4. Employment Law Worldview

    9th Circuit Tips its Cap to the DOL – Upholds 2011 DOL Rule that Restricts Tip Pooling

    By Squire Patton Boggs

    A three-judge Ninth Circuit panel upheld a 2011 Department of Labor (DOL) rule barring employers from including employees in tip pools who do not customarily and regularly receive tips. The…

  5. Wage & Hour Litigation Blog

    Ninth Circuit “Tips” Away from Prior Decision, Finds Pooling Rules Applicable

    By Seyfarth Shaw LLP

    Authored by Alex Passantino All around the country, tipping practices have been coming under scrutiny.  Restaurants increasingly have abandoned their use of tip credit -- and tipping -- partially due…

  6. Pennsylvania Labor & Employment Blog

    UPDATE: Employee Tip Pooling – Don’t Say We Didn’t Warn You!

    By Adam Santucci

    We have talked with you in the past about the risks of allowing employees to pool or share tips. This is a pretty common practice in the food service industry,…

  7. Franchise Law Update

    Are You at Risk for a Lawsuit over Restaurant Tipping and Over-Time Violations?

    By Fox Rothschild LLP

    A multi-unit Houlihan’s franchisee, A.C.E. Restaurant Group Inc., operating 17 restaurants across New York and New Jersey is accused of keeping tips and wages from servers and bartenders and failing…

  8. Law and the Workplace

    Fifth Circuit Tips Its Hand as to Analysis of FLSA’s Tip Credit

    By Charles J. Stiegler, Nicole Eichberger

    Restaurants throughout the Fifth Circuit, and even beyond, should review the recent decision of Montano v. Montrose Restaurant, which discusses the often tricky and always fact-intensive question of whether a restaurant…

  9. Proskauer on Class and Collective Actions

    Fifth Circuit Tips Its Hand as to Analysis of FLSA’s Tip Credit

    By Charles J. Stiegler, Nicole Eichberger

    Restaurants throughout the Fifth Circuit, and even beyond, should review the recent decision of Montano v. Montrose Restaurant, which discusses the often tricky and always fact-intensive question of whether a restaurant…

  10. Wage & Hour Law Update

    Fifth Circuit Provides Guidance Regarding Occupations Which “Customarily And Regularly” Receive Tips

    By Noel P. Tripp

    Attempting to provide clarity to a subject that is a regular source of litigation, the Court of Appeals for the Fifth Circuit has issued an extended, detailed analysis addressing the…