· 9/3/1999
Eric Myers, Jimmy Underwood, Michelle Grundorf v. The Copper Cellar Corporation
Citations
- 192 F.3d 546
- 5 Wage & Hour Cas.2d (BNA) 975
- 1999 U.S. App. LEXIS 20989
- 1999 WL 683888
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that salad preparers were not tip-eligible
- noting the persuasive authority of the Field Operations Handbook, which is “issued by the government agency responsible for enforcement of the federal wage and hour laws”
- “[A]n employer who invokes a statutory exemption from minimum wage liability bears the burden of proving its qualification for that exemption.”
- DOL Handbook and Opinion Letters “provide[ ] some persuasive authority,” particularly when they concern something the Department has “long construed.”
- inclusion of salad makers invalidates a tip pool because these employees did not receive tips directly from customers and did not interact with customers
- “[A]n employer who invokes a statutory exemption from minimum wage liability bears the burden of providing its qualification for that exemption.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Krupansky, Ryan, Suhrheinrich
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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