Topic
Tips
50 published works
Wage and Hour Defense Blog
Tenth Circuit Rules Tips Belong to the Employer If Tip Credit Is Not Taken
When an employer pays the minimum wage (or more) instead of taking the tip credit, who owns any tips – the employer or the employee? In Marlow v. The New…
Wage and Hour Defense Blog
Tips Do Not Count Towards the Minimum Wage Unless a Worker Qualified as a “Tipped Employee”
In Romero v. Top-Tier Colorado LLC, the Tenth Circuit Court of Appeals ruled that tips received by a restaurant server for hours in which she did not qualify as a…
California Employment Law Report
Five tips about tips under California law
Today's Friday's Five provides a few points for employers to consider who have employees that receive gratuities. California law is very specific regarding gratuities left for employees, and since tips…
Wage & Hour Law Update
Citing To Precedent, Nevada Federal Court Rejects FLSA Tip Claim Asserted By Workers Receiving Minimum Wage
A Nevada federal court’s decision is consistent with other recent federal court decisions holding that an employee has no claim for allegedly misappropriated gratuities under § 203(m) of the FLSA…
ContractsProf Blog
Tips on the Rise… but Who Benefits?
After a night on the town, you decide to hire not a traditional taxi company, but rather a new and similar service provider that uses third-party private drivers operating their…
California Employment Law Report
Top Five Items California Employers Need To Know About Tips
1) Who owns a tip? California law is clear that voluntary tips left for an employee for goods sold or services performed belong to the employee, not the employer. Labor…
Wage & Hour Law Update
Following Woody Woo, Federal Court In Utah Rejects Employee Gratuity Claim Since No Tip Credit Taken
Joining several other recent federal court decisions, including a decision invalidating recently promulgated Department of Labor regulations purporting to address the issue, Judge Ted Stewart of the District of Utah…
Wage & Hour Law Update
Minnesota High Court Rules: Tips Are Wages
As discussed in greater detail here, the Minnesota Supreme Court has ruled that gratuities received by night club employees were “wages” within the meaning of Minnesota’s law prohibiting deductions, and…
Employment Class Action Blog
Hawaiian Supreme Court Issues Ruling Regarding Restaurant Service Charges
By Greg Mersol
When is a “service charge” a tip? And who gets it, the employer or the employee? These aren’t just questions of etiquette, but are now serious issues for the restaurant…
Wage & Hour Law Update
Restaurant Association Defeats Department of Labor, Invalidates 2011 Tip Regulations
In 2010, the Ninth Circuit held in Cumbie v. Woody Woo, Inc., that an employee’s property right to tips attaches under the FLSA only if the employer is taking a…