The legality of a given employee’s participation in a tip pool under the FLSA turns on whether the participants are “Tipped employees” under 29 U.S.C. § 203(t). The specific question is whether they “engaged in an occupation in which [they] customarily and regularly receive[] more than $ 30 a month in tips.” A new decision
tipped duties
Manhattan Restaurant Prevails On Wage-and-Hour Claims Following Trial
By Noel P. Tripp on
Demoralized by the attendant costs of litigation and a shifting compliance environment in numerous jurisdictions, many hospitality industry employers have resolved wage-and-hour lawsuits brought in New York City and elsewhere over the last number of years. Bucking this trend, one such employer recently successfully defended its wage practices at trial. Mendez v. Int’l Food House…