Tag Archives: customer

Florida Judge Rejects Retaliation, Interference Claims Brought By Wait Staff

One defense commonly asserted to retaliation claims under the FLSA (and most other anti-retaliation statutes) is whether the complaint or activity allegedly leading to the alleged adverse action constituted “protected activity” under the relevant statute. Seeking to clarify this standard, a Florida District Court Judge found the alleged complaints were not sufficiently specific to constitute “protected … Continue Reading

How Broad is the Ninth Circuit’s Woody Woo Decision?

The Ninth Circuit Court of Appeals recently ruled that the FLSA does not restrict employer-mandated tip-pooling arrangements when no tip credit is taken by the employer against the minimum wage obligation.  Cumbie v. Woody Woo, Inc., et al., No. 08-35718 (9th Cir. Feb. 23, 2010).  Further, the Court rejected the DOL’s regulation at 29 C.F.R. … Continue Reading
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