29 C.F.R. § 531.53
Payments which constitute tips
In addition to cash sums presented by customers which an employee keeps as his own, tips received by an employee include, within the meaning of the Act, amounts paid by bank check or other negotiable instrument payble at par and amounts transferred by the employer to the employee pursuant to directions from credit customers who designate amounts to be added to their bills as tips. Special gifts in forms other than money or its equivalent as above described such as theater tickets, passes, or merchandise, are not counted as tips received by the employee for purposes of the Act.
Notes of Decisions
Cited in 3
cases (1 in the last 5 years), 2010–2024 · leading case: Ventura v. Bebo Foods, Inc., 738 F. Supp. 2d 8 (D.D.C. 2010).
Ventura v. Bebo Foods, Inc., 738 F. Supp. 2d 8 (D.D.C. 2010). “See 29 C.F.R. § 531.53 (2010). The FLSA considers tips separate from wages.”
Adames v. Ruth's Hosp. Grp., Inc. (N.D. Ohio 2024). “; 29 C.F.R. § 531.53 (f). From 2021 to the present, employers can only take a tip credit for a tipped employee’s non-tipped, directly supporting work (such as refilling condiment containers, rolling silverware, folding napkins, and stocking workstations) amounting to 20% or…”
Ventura v. Bebo Foods, Inc. (D.D.C. 2010). “See 29 C.F.R. § 531.53 (2010). The FLSA considers tips separate from wages.”
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