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Tips

50 published works

  1. Wage and Hour Defense Blog

    Tenth Circuit Rules Tips Belong to the Employer If Tip Credit Is Not Taken

    By Brian W. Steinbach

    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…

  2. Wage and Hour Defense Blog

    Tips Do Not Count Towards the Minimum Wage Unless a Worker Qualified as a “Tipped Employee”

    By Michael D. Thompson

    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…

  3. California Employment Law Report

    Five tips about tips under California law

    By Anthony Zaller

    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…

  4. Wage & Hour Law Update

    Citing To Precedent, Nevada Federal Court Rejects FLSA Tip Claim Asserted By Workers Receiving Minimum Wage

    By Noel P. Tripp

    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…

  5. ContractsProf Blog

    Tips on the Rise… but Who Benefits?

    By ContractsProf Blog

    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…

  6. California Employment Law Report

    Top Five Items California Employers Need To Know About Tips

    By Anthony Zaller

    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…

  7. Wage & Hour Law Update

    Following Woody Woo, Federal Court In Utah Rejects Employee Gratuity Claim Since No Tip Credit Taken

    By Noel P. Tripp

    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…

  8. Wage & Hour Law Update

    Minnesota High Court Rules: Tips Are Wages

    By Noel P. Tripp

    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…

  9. 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…

  10. Wage & Hour Law Update

    Restaurant Association Defeats Department of Labor, Invalidates 2011 Tip Regulations

    By Noel P. Tripp

    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…