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    "result": {"data":{"post":{"id":"-8359544f-519a-5e9a-9383-b2a37b1b3b15","publishedAt":"2018-09-04T19:52:00.000Z","categories":[{"_id":"39d2ca7f-4862-4ab2-b902-0bf10f1d4c34","title":"Business Law"}],"featuredImage":null,"title":"Tip-Pooling: Are you in compliance with both Colorado and Federal law?","slug":{"current":"tip-pooling-are-you-in-compliance-with-both-colorado-and-federal-law"},"seoTitle":"Tip-Pooling: Are you in compliance with both Colorado and Federal law?","metaDescription":"If you're working for a restaurant where tip-pooling is a common practice, it's important to know whether your employer is in compliance with both Colorado and federal law.","_rawBody":[{"_key":"c2f3cc701080","_type":"block","children":[{"_key":"1d727516ba7b","_type":"span","marks":[],"text":"Anyone who has worked in the restaurant industry knows it is common practice among restaurants and other hospitality businesses to participate in tip-pooling. The act of tip pooling describes a procedure wherein all tipped employees put their tips together and the tips are then split amongst the employees. While employees may have concerns about tip-pooling and the potential effect on their income, many are unaware of the numerous legal discrepancies and violation of their rights under both Federal and Colorado law."}],"markDefs":[],"style":"normal"},{"_key":"e50cf9c78e33","_type":"block","children":[{"_key":"8e73b412b1ae0","_type":"span","marks":[],"text":"In Colorado, the law permits the participation of everyone in a tip pool, however, the Federal law does not. If you are working for a restaurant where tip-pooling is a common practice it is important to know whether your employer is in compliance with both Colorado and Federal law."}],"markDefs":[],"style":"normal"},{"_key":"b4d4649c5159","_type":"block","children":[{"_key":"91cd4520c2500","_type":"span","marks":[],"text":"According to the Fair Labor Standards Act “FLSA”, managers and supervisors cannot be included in a tip pool. Outside of managers, supervisors, and employers, the determination of who can participate in the tip pool depends on whether or not the employer takes a tip credit. "},{"_key":"91cd4520c2501","_type":"span","marks":["em"],"text":"29 U.S.C.S. §§ 201 et. seq."}],"markDefs":[],"style":"normal"},{"_key":"a6e285bf180a","_type":"block","children":[{"_key":"5e3de69193af0","_type":"span","marks":[],"text":"A tip credit allows employers to pay tipped employees a wage lower than the federal minimum wage. If an employer takes a tip credit, additional restrictions on who can participate in the tip pool apply, such that only those employees who customarily and regularly receive tips can be in the tip pool. "},{"_key":"5e3de69193af1","_type":"span","marks":["em"],"text":"Turner v. Millennium Park Joint Venture, LLC"},{"_key":"5e3de69193af2","_type":"span","marks":[],"text":", 767 F. Supp. 2d 951 (N.D. Ill. 2011). In other words, only employees who maintain more than a de minimus interaction with customers as part of their employment and those employees who are ordinarily engaged in personal customer service may participate in tip-pooling. Employees who customarily and regularly receive tips might include waiters, waitresses, bartenders, bellhops, and counter personnel. If your employer takes a tip credit, the inclusion of people in the pool who don’t normally receive tips, such as dishwashers, cooks, chefs, and janitors is in violation of the FLSA. "},{"_key":"5e3de69193af3","_type":"span","marks":["em"],"text":"Pedigo v. Austin Rumba, Inc."},{"_key":"5e3de69193af4","_type":"span","marks":[],"text":", 722 F. Supp. 2d 714 (W.D. Tex. 2010). Furthermore, the inclusion of managers or supervisors in the tip pool can violate the FLSA. Such violations may entitle you to compensation."}],"markDefs":[],"style":"normal"},{"_key":"31af98fe8be3","_type":"block","children":[{"_key":"cff19d6e33990","_type":"span","marks":[],"text":"If you work in a restaurant where a tip-pooling practice is implemented you may have a claim against your employer entitling you to compensation. Our knowledgeable and experienced attorneys have a wealth of knowledge on Colorado and Federal wage laws and can assist you in determining whether you have a potential claim. If you have any questions about tip pooling and your employer’s compliance with both Colorado and Federal law please "},{"_key":"cff19d6e33991","_type":"span","marks":["0d8471878a32"],"text":"contact our office"},{"_key":"cff19d6e33992","_type":"span","marks":[],"text":" today."}],"markDefs":[{"_key":"0d8471878a32","_type":"link","href":"https://www.jbplegal.com/contact-us/"}],"style":"normal"}],"author":{"image":{"asset":{"gatsbyImageData":{"images":{"sources":[],"fallback":{"src":"https://cdn.sanity.io/images/hn22l5cs/production/a4836534f6fd584608fc3c80ec2e60b4108d5dda-256x256.png?w=256&h=256&auto=format","srcSet":"https://cdn.sanity.io/images/hn22l5cs/production/a4836534f6fd584608fc3c80ec2e60b4108d5dda-256x256.png?w=256&h=256&auto=format 256w","sizes":"(min-width: 256px) 256px, 100vw"}},"layout":"constrained","backgroundColor":"#b18660","width":256,"height":256}}},"name":"Jorgensen, Brownell & Pepin, P.C."}},"site":{"siteMetadata":{"siteUrl":"https://staging-jbp-legal.netlify.app"}}},"pageContext":{"id":"-8359544f-519a-5e9a-9383-b2a37b1b3b15","prev":{"id":"-69ab5cf1-f1fd-5568-bc56-6a274005f244","publishedAt":"2018-09-07T19:50:00.000Z","slug":{"current":"who-pays-for-the-childrens-college-education"}},"next":{"id":"-5bc896c7-aec6-5e7d-8680-d6413ea07960","publishedAt":"2018-08-30T19:53:00.000Z","slug":{"current":"sec-charges-unregistered-brokers-who-sold-woodbr"}}}},
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