Employers who maintain a tip pool are likely aware that, depending on the employer’s state of operation and prevailing law, such a tip pool typically can consist only employees who are both “customarily and regularly” tipped and who are not themselves “employers” or those with employer authority. Last year, we discussed a court’s recognition of the
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District Judge Rejects Server’s Effort to Exclude Food Runners From Tip Pool
By Noel P. Tripp on
Posted in Tips and Tipped Employees
Tip pool participation under the FLSA, like classification of employees as exempt or non-exempt, turns on the duties of those participating in the tip pool, not their job titles. An example of this analysis is a recent Florida federal court decision rejecting a plaintiff server’s challenge to the inclusion in the tip pool at a Ruth’s Chris…