CORRECTED: Barista's Tip-Pooling Status Should Be Re-Examined: 5th Circ.

By Maya Rajamani (August 31, 2015, 3:31 PM EDT) -- The Fifth Circuit on Friday reversed summary judgment in a case brought by waiters at a Houston restaurant who claim they were required to share tips with the restaurant's "coffeeman" in violation of the Fair Labor Standards Act, ruling there was evidence to support the argument that the coffeeman did not classify as a tipped employee.

Reversing a Texas federal court's 2014 decision supporting Tony's Restaurant's argument that the coffeeman, or barista, could receive a portion of the tip pool because he supported the waiters by making coffee and other drinks, the Fifth Circuit held that because the coffeeman had only...

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