Legal Question in Business Law in Florida

Question about Brad Etheridge v. Reins International California, Inc.
Hello,

I am a restaurant staff member of a large chain restaurant in Orlando and have a question about Brad Etheridge v. Reins International California, Inc.

I work in the window as an expediter to make food presentation ready--and act as a liaison between the front and back of house. For 10 years have received my income by tip outs. (servers have been required to tip me at minimum 1% of their shift sales).

Last week, my company referenced this lawsuit and said that I can no longer receive tips because of it. From what I am reading, this is untrue. My tips have been taken away, and I have now become an hourly employee--at a rate that is considerably lower than the average hourly pay I have made for the last 10 years.

Is this legal? Help!

Asked on 6/09/09, 12:02 pm

2 Answers from Attorneys

Brent Rose The Orsini & Rose Law Firm

0 users found helpful

0 attorneys agreed

Re: Question about Brad Etheridge v. Reins International California, Inc.

The lawsuit they reference only applies to California, not Florida or any other state. The lawsuit said that it is perfectly okay under California law for management to set up tip pools like the one you had.

I'm not sure why your management relies on that case to say they have to shut down your tip pool. Like I said, the case only applies in California and the case says tip pools are okay. Maybe their lawyers have said that, had the same case been decided in Florida, they feel the case would have come out against tip pools. I can't say whether they're right or wrong.

Nevertheless, there is no law in Florida that says management can't stop tip pools, and it looks like that's what they've done, at least in your case. Federal law says you can't be in the tip pool if your job doesn't qualify as the type of job that would "customarily" not be in the tip pool. So, for example, a janitor could never be in the tip pool. Chefs and cooks are not supposed to be in the tip pool according to federal law, so maybe that's why they cut you out.

Answered on 6/09/09, 1:58 pm

Mark as helpful