When overtime is worked by a tipped employee who is subject to the overtime pay provisions of the Act, the employee's regular rate of pay is determined by dividing the employee's total remuneration for employment (except statutory exclusions) in any workweek by the total number of hours actually worked by the employee in that workweek for which such compensation was paid. (See part 778 of this chapter for a detailed discussion of overtime compensation under the Act.) In accordance with section 3(m)(2)(A), a tipped employee's regular rate of pay includes the amount of tip credit taken by the employer per hour (not in excess of the minimum wage required by section 6(a)(1) minus the cash wage paid (at least $2.13)), the reasonable cost or fair value of any facilities furnished to the employee by the employer, as authorized under section 3(m) and this part, and the cash wages including commissions and certain bonuses paid by the employer. Any tips received by the employee in excess of the tip credit need not be included in the regular rate. Such tips are not payments made by the employer to the employee as remuneration for employment within the meaning of the Act.
[86791, Dec. 30, 2020]
Notes of Decisions
Wai Tom v. Hosp. Ventures LLC, 980 F.3d 1027 (4th Cir. 2020).
· cites it 3× “” 29 C.F.R § 531.60. We find the Employees’ arguments on this point persuasive.”
Copantitla v. Fiskardo Estiatorio, Inc., 788 F. Supp. 2d 253 (S.D.N.Y. 2011).
· cites it 2× “” 29 C.F.R. § 531.60 . In addition, “[w]here a higher minimum wage than that set in the [FLSA] is applicable to an employee by virtue of .”
Perrin v. Papa John's Int'l, Inc., 114 F. Supp. 3d 707 (E.D. Mo. 2015).
“” 29 C.F.R. § 531.60 . Indeed, in the section of the DOL Handbook directly pre-céding the section cited by Defendants, the DOL advises that “[a]n employer may not take a different tip credit during [overtime] hours than is taken during non-OT hours” because “[t]o so allow would…”
Melissa Compere v. Nusret Miami, LLC, 28 F.4th 1180 (11th Cir. 2022).
“” 29 C.F.R. § 531.60 . USCA11 Case: 20-12422 Date Filed: 03/18/2022 Page: 16 of 21 16 Opinion of the Court 20-12422 charge at issue.”
Alderman v. 21 Club Inc., 733 F. Supp. 2d 461 (S.D.N.Y. 2010).
“See 29 C.F.R. § 531.60 (a). Defendants are probably right that, in an arbitration, the arbitrator could probably resolve the issue at hand.”
Perez v. Palermo Seafood, Inc., 548 F. Supp. 2d 1340 (S.D. Fla. 2008).
· cites it 2× “29 C.F.R. § 531.60 . Section 531.60(a) provides that: When overtime is worked by a tipped employee who is subject to the overtime provisions of the Act, his regular rate of pay is determined by dividing his total remuneration for employment .”
Davis v. 2191 Niagara St., LLC, 351 F. Supp. 3d 394 (W.D.N.Y. 2019).
“" 29 C.F.R. § 531.60 . The Defendants claim that, by including service charges in an employee's wages, the Plaintiffs have proposed a "horribly complex [scheme]" that "creates .”
Wai Man Tom v. Hosp. Ventures LLC, 355 F. Supp. 3d 329 (E.D.N.C. 2018).
“" 29 C.F.R. § 531.60 . Thus, in those workweeks where an employer does not need to take a tip credit, as here, because total compensation from service charges and hourly wage is sufficient to meet the minimum wage requirements of the Act, then the amount of tips received in…”
Denson v. Dc Restaurant Holdings, Inc. (D.D.C. 2021).
“” 29 C.F.R. § 531.60 . In other words, when an employer may not claim a tip credit, the amount of tips received is irrelevant to its employees’ FLSA damages.”
Nail v. Shipp (S.D. Ala. 2019).
“29 C.F.R. §531.60 . The remainder of the money earned in tips is not remuneration.”
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