By: Kara M. Maciel
In April of 2011, the U.S. Department of Labor (“DOL”) changed its rule defining the general characteristics of tips in an attempt to overrule the U.S. Court of Appeals for the Ninth Circuit’s decision in Cumbie v. Woody Woo, Inc. ruling that the FLSA does not impose any restrictions on the kinds of employees who may participate in a valid tip pool where the employer does not claim the “tip credit.”
DOL’s Recent Position on Tip Pool Participation
The DOL’s amended rule provides that tips are the property of the employees, and may not be used by the employer ...
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Recent Updates
- Minimum Wage Increases Coming Soon Across the Nation – Especially in California
- Time Is Money: A Quick Wage-Hour Tip on . . . Successful Summer Internship Programs
- New York Enacts Amendment to Limit Frequency of Pay Damages for Manual Workers
- DOL Shelves Independent Contractor Rule
- Time Is Money: A Quick Wage and Hour Tip . . . Contractual Indemnification May Not Guard Against FLSA Claims