Tag Archives: hospitality labor & employment

Maryland Restaurant Owner Who also Worked as a Bartender is Ineligible to Receive Tips

By:  Kara M. Maciel

A Maryland federal court recently ruled in Gionfriddo v. Jason Zink LLC that the owner and operator of two taverns could not qualify as a  “tipped employee” under the Fair Labor Standards Act (“FLSA”) and the Maryland Wage and Hour Law despite that he also worked as a bartender at his establishments.  Thus, while he contributed tips to the tip pool arrangement when he worked as a bartender, he could not also share in the distribution of the tips.  The court stated that allowing an owner to participate in a tip pool would broaden the FLSA’s tip credit provisions to a point where they would be meaningless.

Read full article