9th Circ. Tip-Credit Opinion Is Good News For Employers

By Laura Lawless Robertson (November 6, 2017, 11:24 AM EST) -- The Fair Labor Standards Act generally provides that employers must pay their nonexempt employees at least the federal minimum hourly wage of $7.25. However, employers may take advantage of a minimum wage exemption for employees who regularly earn more than $30 per month in tips. Employers may pay these "tipped employees" as little as $2.13 per hour, and offset the difference between this amount and the federal minimum wage by applying a "credit" made up of tips earned by their tipped employees. (Note that applicable state laws may require a higher hourly rate, even when taking a tip credit.) Employers remain responsible for verifying that the amount paid to the employee, inclusive of tips and employer-provided wages, meets or exceeds the federal minimum wage....

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