As wage and hour litigation continues to be the majority of litigation in the workplace law arena, many employers are faced with defending federal and state law claims in the same federal court lawsuit. This poses a practical issue as the FLSA provides for an opt-in class while state laws generally provide for opt-out classes.
first impression
The 20% Rule For Tipped Employees – Eighth Circuit Invited to Decide Whether To Adopt USDOL Position
By Noel P. Tripp on
Posted in Tips and Tipped Employees
In the food service industry, an employer can take a tip credit against the minimum wage for customarily tipped employees, such as servers, bus persons and bartenders. Under federal law, a restaurant can pay employees holding such positions $2.13 per hour, rather than $7.25 per hour, as long as the employees receive sufficient tips to…