02/09/2010
A recent Florida case illustrates just how complicated the tip credit provision of the FLSA can be. In that case, a hostess at a Sushi Samba restaurant claims the restaurant forfeited its right to claim the tip credit because it distributed tips to employees who weren’t eligible to receive them. The controversy turns on the question of whether sushi chefs are tip-eligible employees.
02/09/2010
Q. We have an employee whose job requires her to perform check-in tasks for about an hour at the beginning of the day. She is then needed to perform certain check-out tasks eight hours later at the end of the day. During the remainder of her workday she performs various administrative services. To manage her time and avoid overtime, we began asking her to take an extra hour break during the middle of the day. She says she doesn’t want to take this additional break. Can we require her to take the additional breaks so that we don’t have to pay her overtime?
