Issue: 1) Whether a tipped employee should receive minimum wage for jobs that take up more than twenty percent of their day and are considered non-tipped duties; and 2) whether or not an employer can claim the tax credit if an employee does in fact work more than twenty percent of their sift doing non-tip producing thinks.
The primary issue in the case was how to properly apply the “tip credit” to employees whom both sides agree are “tipped employees” but who perform both tipped and non-tipped (dual) jobs for the employer
Fact: The employees, who worked as servers bartenders and other tip-earning jobs in the Applebee’s restaurant, under the guidance of