29 CFR 531.60 - Overtime payments
| Cite as | 29 CFR 531.60 |
-
- This document is available in original version only for vLex customers
View this document and try vLex for 7 days - TRY VLEX
- This document is available in original version only for vLex customers
39 practice notes
-
Increasing the Minimum Wage for Federal Contractors
...further notes that the interpretation in proposed Sec. 23.240(b) is consistent with the treatment of tipped employees under the FLSA, see 29 CFR 531.60, as well as an analogous provision implementing Executive order 13658. See 29 CFR The Department did not otherwise receive any comments add......
-
Copantitla v. Fiskardo Estiatorio Inc. D/B/A Thalassa Rest., No. 09 Civ. 1608(RJH).
...Federal regulations provide that “a tipped employee's regular rate of pay includes the amount of tip credit taken by the employer.” 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 ... other legislation, th......
-
Inclan v. N.Y. Hospitality Grp., Inc., No. 12 Civ. 4498NRB.
...tip credit, multiplied by one and one-half, minus the tip credit. See Copantitla, 788 F.Supp.2d at 291–92 (citing 29 U.S.C. § 203(m) ; 29 C.F.R. §§ 531.60, 778.5 ) (FLSA); 12 N.Y.C.R.R. § 146–1.4 (NYLL). Thus, under both federal and state law, “[i]t is a violation of the overtime 95 F.Supp.......
-
Wai Man Tom v. Hospitality Ventures LLC, No. 18-2509
...its minimum-wage obligations. See 29 C.F.R. 531.59(a).This same tip credit can be applied to an employer's overtime obligations. See 29 C.F.R. § 531.60. To illustrate how this works, an employee working overtime must be paid $10.88 per hour—one and one-half times $7.25. The employer can sti......
Request a trial to view additional results
18 cases
-
Hernandez v. Jrpac Inc., 060916 NYSDC, 14 Civ. 4176 (PAE)
...pay to be calculated based on a regular rate of pay before subtracting the tip credit. The same is true under the FLSA. See 29 C.F.R. § 531.60. Because the Court has found that defendants were not entitled to utilize the tip credit, the regular rate of pay used to calcul......
-
Pau v. Chen, 102115 CTDC, 3:14cv841 (JBA)
...compensated $2, 200 per month. Although tips, room, and board are generally included in determining an employee's regular rate of pay, 29 C.F.R. § 531.60; Conn. Agencies Regs. 31-60-2 & 31-60-3, because the Court has determined that Defendant Chen is not entitled to such credit here, on......
-
548 F.Supp.2d 1340 (S.D.Fla. 2008), 07-21408, Perez v. Palermo Seafood, Inc.
...on the employee's regular rate of pay. There are special provisions for calculating the overtime wage applicable to tipped employees. 29 C.F.R. § 531.60. Section 531.60(a) provides When overtime is worked by a tipped employee who is subject to the overtime provisions of the Act, his regular......
-
Tom v. Hospitality Ventures LLC, 112420 FED4, 18-2509
...obligations. See 29 C.F.R. 531.59(a). This same tip credit can be applied to an employer's overtime obligations. See 29 C.F.R. § 531.60. To illustrate how this works, an employee working overtime must be paid $10.88 per hour-one and one-half times $7.25. The em......
Request a trial to view additional results
10 firm's commentaries
-
WHD Releases Six New FLSA Opinion Letters in January 2021 Addressing Exemptions, Overtime Pay Calculations for Tipped Employees, and the “Establishment” Requirement
...29 C.F.R. §§ 531.52, 531.55. For a tipped employee, the regular rate of pay consists of both the cash wage and any tip credit. 29 C.F.R. § 531.60. For employees who within a single workweek work at two or more different types of work with different non-overtime rates of pay, the regular rat......
-
As If Employers Needed Another Reminder, Here Are 8.4 Million More Reasons To Get The Tip Credit Right
...Such tips are not payments made by the employer to the employee as remuneration for employment within the meaning of the Act." 29 C.F.R. § 531.60. Be sure that the regular rate used to calculate overtime includes all remuneration earned by the employee during the workweek (i.e. service......
-
As if Employers Needed Another Reminder, Here Are 8.4 Million More Reasons to Get the Tip Credit Right
...rate. Such tips are not payments made by the employer to the employee as remuneration for employment within the meaning of the Act.” 29 C.F.R. § 531.60. Be sure that the regular rate used to calculate overtime includes all remuneration earned by the employee during the workweek (i.e. servic......
-
As if Employers Needed Another Reminder, Here Are 8.4 Million More Reasons to Get the Tip Credit Right
...rate. Such tips are not payments made by the employer to the employee as remuneration for employment within the meaning of the Act.” 29 C.F.R. § 531.60. Be sure that the regular rate used to calculate overtime includes all remuneration earned by the employee during the workweek (i.e. servic......
Request a trial to view additional results
1 provisions
-
Increasing the Minimum Wage for Federal Contractors
...further notes that the interpretation in proposed Sec. 23.240(b) is consistent with the treatment of tipped employees under the FLSA, see 29 CFR 531.60, as well as an analogous provision implementing Executive order 13658. See 29 CFR The Department did not otherwise receive any comments add......