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Malivuk v. Ameripark, LLC (11th Cir.)

Articles Discussing Case:

Eleventh Circuit Approves Tip Sharing – Will the U.S. Department of Labor Follow Suit?

Brody and Associates, LLC • October 29, 2018
In late 2017, the United States Department of Labor proposed modifying the rules regarding tip pooling. Presently, tips belong to the employee earning them, regardless of whether the employee is paid minimum wage or the employer uses a tip credit to satisfy minimum wage. In the DOL’s proposal, employers who pay the full minimum wage are allowed to require employees to share tips with employees who do not receive direct tips such as dish washers and cooks.

Eleventh Circuit Allows Employer to Share Employee's Tips as Long as It Pays Employee Minimum Wage

FordHarrison LLP • February 11, 2018
Federal regulations currently treat tips as the employee’s property, regardless of whether the employer pays that employee the minimum wage or whether it uses a tip credit to satisfy the minimum wage requirement. Recently, the federal Department of Labor (DOL) proposed a rule that, if passed this year, would allow employers to require the sharing of tips with employees who do not customarily receive direct tips (such as restaurant cooks, dish washers, and similar workers), so long as the employer pays employees the full federal minimum wage of $7.25 per hour. Employers who use the tip credit option to satisfy the minimum wage obligation would not be allowed to require tip sharing with workers who do not customarily receive tips.