Tip-Pooling Under Fire

By John Alan Doran When a restaurant or bar does not take a tip credit, it pays servers at least minimum wage.  May the employer still require tipped employees to pool the tips with other employees, or does that violate the FLSA?  One would think the FLSA only requires employers to pay minimum wage and […]

Tipped Employee Splitting Hairs

By Andy Volin Tipped employees can be paid an hourly rate less than the minimum wage, as long as their wages, along with their tips, are at least the minimum wage.  Colorado’s Federal Court just rejected a claim brought by a restaurant server who argued a minimum wage violation.  The server’s theory was that her […]

Court Pulls Curtain on NLRB Ruling

By Patrick Scully The Eleventh Circuit Court of Appeals overturned the NLRB’s finding that stagehands in the Atlanta area were employees rather than independent contractors. The Court found that the NLRB repeatedly misapplied the law and disregarded undisputed facts that rendered the stage hands independent contractors. Among other things, the Court determined that the NLRB […]