Jahir v. Ryman Hospitality Properties

Plaintiffs, servers for hotels and restaurants at the National Harbor complex in Maryland, filed suit against their employers, alleging violations of the tip-credit provision of the Fair Labor Standards Act (FLSA), 29 U.S.C. 203(m), their collective bargaining agreement, and Maryland state law. The district court dismissed the complaint. The court found that the statutory requirements that an employer inform an employee of section 203(m) and permit the employee to retain all his tips unless the employee is in a tip pool with other regularly tipped employees does not apply to employees, like plaintiffs, who are seeking only the recovery of the tips unrelated to a minimum wage or overtime claim. In this case, plaintiffs, concede that their wages do not fall below the statutory minimum, and the “the statutory language,” of the FLSA, including section 203(m), “simply does not contemplate a claim for wages other than minimum or overtime wages.” Accordingly, the court affirmed the judgment. View "Jahir v. Ryman Hospitality Properties" on Justia Law