9th Circ. OKs Tip Pool That Includes Nontipped Workers

Law360, New York (February 23, 2010, 6:19 PM EST) -- A federal appeals court has ruled that tip pools including nontipped employees in restaurants where workers make more than the minimum wage, and where the employer takes no tip credit, do not violate the Fair Labor Standards Act.

A three-judge panel in the U.S. Court of Appeals for the Ninth Circuit on Tuesday affirmed a district court's decision to toss out Oregon waitress Misty Cumbie's putative class action against her employer Woody Woo Inc.

“The Supreme Court has made it clear that an employment practice does...
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