USDOL Files Amicus Brief in Cumbie Tip Credit Case

As discussed in earlier posts, Cumbie v. Woody Woo, Inc. asks whether an employer can take an employee's tips as long as the employer does not take a tip credit against the employee's minimum wage. The issue is on appeal to the Ninth Circuit Court of Appeals. The United States Department of Labor recently filed the attached "friend of the court" brief on behalf of the plaintiff in the Cumbie case. USDOL argues that tips are the property of the employee who receives them whether or not a tip credit is taken.