Revisiting a concept for the first time since 2009, a House of Representatives Sub-Committee recently conducted a hearing regarding the Working Families Flexibility Act (H.R. 1406). The Act, proposed on April 9, seeks to amend the FLSA to permit private sector employers to compensate employees for overtime work by providing compensatory time off (e.g., “comp time”)

The FLSA and state law often both regulate the distribution of tips. See here. Under the FLSA, an employer can require all “customarily tipped employees” to pool tips generally or require a specific “customarily tipped employee” to share tips with another “customarily tipped employee.”  Disputes often arise as to whether an employee is a “customarily