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Ninth Circuit

June 16, 2010 By nicole

Ninth Circuit rejects tip-pooling claims of servers making more than minimum wage before tips

In a case that appears to one of first impression at the federal appellate level, the Ninth Circuit ruled in Cumbie v. Woody Woo, Inc. that there are no tip-pooling claims under the Fair Labor Standards Act (FLSA) for restaurant employees who are paid more than the minimum wage before tips. FLSA, the federal wage […]

Filed Under: Uncategorized Tagged With: Case Commentary, Class Action, Collective Action, Fair Labor Standards Act, FLSA, Minimum Wage, NCWHA, Ninth Circuit, Tip Credit, Tip Pooling

August 2, 2009 By nicole

Ninth Circuit says individual managers can be held responsible for FLSA violations, regardless of bankruptcy

In Boucher v. Shaw, the Ninth Circuit Court of Appeals ruled that individual managers/owners — in this case a hotel’s CEO, CFO, and labor/employment manager — may be held liable for unpaid wages, vacation, and holiday pay under the Fair Labor Standards Act (FLSA). The FLSA allows suits to be brought against individuals, in addition […]

Filed Under: Uncategorized Tagged With: Bankruptcy, Case Commentary, Fair Labor Standards Act, FLSA, Lost Wages, Manager Liability, Ninth Circuit

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