Applebee's Asks High Court To Clarify FLSA Tip Credit

Law360, New York (October 21, 2011, 10:25 PM EDT) -- Applebee’s International Inc. asked the U.S. Supreme Court this month to decide whether tipped employees should be paid minimum wage for nontipped tasks, challenging an appeals court ruling finding it underpaid servers in violation of the Fair Labor Standards Act.

The restaurant chain filed its petition for writ of certiorari Oct. 4 seeking to undo the Eighth Circuit's April ruling affirming a Missouri trial court decision that Applebee’s had violated the FLSA by paying its serving staff below minimum wage.

The decision sided with a U.S....
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