Andrea Kirshenbaum Examines the FLSA Impact of The Tip Income Protection Act for The Legal Intelligencer
In an April 2, 2018 article for The Legal Intelligencer, Wage and Hour Practice Group Chair Andrea M. Kirshenbaum looks at the recent Tip Income Protection Act of 2018, passed as part of The Omnibus Spending Bill on March 23, 2018, and its impact on the hospitality industry.
In her article, "Amendment to the FLSA: The Tip Income Protection Act of 2018," Ms. Kirshenbaum notes that the Act:
"...amended the FLSA to provide that 'an employer may not keep tips received by its employees for any purposes, including allowing managers or supervisors to keep any portion of employees’ tips, regardless of whether or not the employer takes a tip credit.' An employer who violates this section is liable to employees 'in the amount of the sum of any tip credit taken by the employer and all such tips unlawfully kept by the employer, and in an additional equal amount as liquidated damages.' This amendment is a significant departure from the remedies previously available under the FLSA..."