Give Tipped Employees Proper Notice if Taking Tip Credit

March 2012Articles Hospitality Law

It is imperative that employers comply with all of the Fair Labor Standards Act’s requirements, and be able to provide proof of adherence to protect themselves in court. In Marroquin v. GMRI, Inc., d/b/a Olive Garden, No. 11-21804-CIV-ALTONGA/Simonton (S.D. Fla. 12/16/11), the court held that an employer satisfied the FLSA’s tip credit provision in response to a server’s complaint that he was owed more compensation and retaliated against for complaints. Nevertheless, the employer could not prevail on the employee’s allegations that he was required to attend shift meetings off-the-clock.

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