29 CFR 531.60 - Overtime payments

Cite as29 CFR 531.60
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39 practice notes
  • Increasing the Minimum Wage for Federal Contractors
    • United States
    • The Secretary Of Labor Office
    • Invalid date
    ...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).
    • United States
    • United States District Courts. 2nd Circuit. United States District Courts. 2nd Circuit. Southern District of New York
    • May 27, 2011
    ...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.
    • United States
    • United States District Courts. 2nd Circuit. United States District Courts. 2nd Circuit. Southern District of New York
    • March 26, 2015
    ...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
    • United States
    • United States Courts of Appeals. United States Court of Appeals (4th Circuit)
    • November 24, 2020
    ...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......
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18 cases
  • Hernandez v. Jrpac Inc., 060916 NYSDC, 14 Civ. 4176 (PAE)
    • United States
    • Federal Cases United States District Courts 2nd Circuit United States District Courts. 2nd Circuit. United States District Courts. 2nd Circuit. Southern District of New York
    • June 9, 2016
    ...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)
    • United States
    • United States District Courts. 2nd Circuit. United States District Court (Connecticut)
    • October 21, 2015
    ...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.
    • United States
    • United States District Courts. 11th Circuit. United States District Courts. 11th Circuit. Southern District of Florida
    • March 3, 2008
    ...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
    • United States
    • Federal Cases United States Courts of Appeals United States Courts of Appeals. United States Court of Appeals (4th Circuit)
    • November 24, 2020
    ...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......
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10 firm's commentaries
1 provisions
  • Increasing the Minimum Wage for Federal Contractors
    • United States
    • The Secretary Of Labor Office
    • Invalid date
    ...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......

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