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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.