Montano v. Montrose Restaurant Ass’n

Plaintiffs, two waiters, filed suit against the restaurant they worked at, claiming that the restaurant violated federal law by requiring them to share tips with the restaurant’s “coffeeman.” The district court granted summary judgment in favor of the restaurant, holding that the coffeeman was an employee who customarily and regularly received tips. The court concluded that determining whether an employee is one who “customarily and regularly receives tips” is a fact-intensive inquiry that requires a case-by-case analysis of the employee’s duties and activities. In this case, there is evidence from which a factfinder could conclude that the coffeeman’s level of customer interaction in a customer service role was non-existent or minor enough such that he is more similar to a cook or a dishwasher than he is to a waiter or a busboy. Accordingly, the court reversed and remanded. View "Montano v. Montrose Restaurant Ass'n" on Justia Law