The overtime exemption applicable to "retail or service" employees codified at 29 USC § 207(i) has three requirements, as we have discussed in this space, and two of the requirements are readily met in many cases: the employee must receive time-and-one-half the minimum wage (currently $10.88/hour under federal law) for all hours worked inclusive of
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Maryland Judge Finds Question of Fact As To Whether Employer Provided Proper Notice of Tip Credit
By Noel P. Tripp on
Posted in Tips and Tipped Employees
The FLSA’s tip credit provision codified at 29 U.S.C. § 203(m) requires employers to notify employees of any tip credit taken by their employer against minimum wages owed. Prior to the DOL’s notice regulations issued on May 5, 2011 (codified at 29 C.F.R. § 531.59(b)), which were themselves the subject of legal challenge, the form…