All posts by jvasquez

COVID19

These are trying and uncertain times everyone, and at Vasquez Law Office, we want to reassure you that although we are working remotely, we are still working.

We are monitoring developments in the Courts, and we are adjusting to this fluid situation as it continues to develop.

Although the courts are largely closed down, they are handling emergency matters and they are continuing to set bonds on those who have been arrested.

Should you have any legal concerns, have a pending court date, or feel that you have a legal emergency, please call us! We are here to answer your questions and guide you in evaluating the options available to you.

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Como actuar antes de contactar a un abogado en accidentes automovilisticos.

Consultenos Por Llamada o Text Ahora 100% Gratuíto.

1. Llame a la policía;

2. Obtenga atención médica inmediata para las lesiones sufridas en el accidente;

3. No hable con la otra parte sin ponerse en contacto con un abogado;

4. Una vez indicado por su abogado, intercambie la información del seguro con todas las partes involucradas en el accidente;

5. No hable directamente con compañías de seguros, abogados o representantes de la otra parte sin consultar con nosotros;

6. Tome fotos de la escena del accidente, su vehículo y las lesiones sufridas en el auto accidente; y

 

7. No firme ninguna forma médica ni contacte a un doctor sin consultar primero con su abogado.

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Five Truths About Tipping

1. Managers and owners have no right to tips.

FLSA prohibits any arrangement between the employer and the tipped employee where any part of the tip received becomes the property of the employer. For example, even where a tipped employee receives at least $7.25 per hour in wages directly from the employer, the employee may not be required to turn over his or her tips to the employer. So, a restaurant that makes wait staff relinquish a cut of their tips to “the house” at the end of the night is likely in violation of the law.

2. Back-of-house staff (BOH) can’t participate in a tip pool.

The Department of Labor mandates tip pooling in an effort to protect servers.
BOH is excluded because of “tip credits.” These credits that let restaurant owners count tips toward their servers’ wages. Tip credits may not be applied to cooks, dishwashers, runners, or hosts; these individuals must be paid the full minimum wage. Therefore, tip pools are reserved for those who are customarily tipped, because they are customarily paid below the minimum.

3. Overtime for servers making $2.13 is NOT $3.20.

A common error is when servers work overtime and get paid time and half calculated from the lowest allowable pay based on minimum wage, $2.13. Employers are only allowed a maximum tip credit of $5.11, and overtime is based on time and a half from minimum wage, not $2.13.

4. Dual Jobs

When an employee is employed by one employer in both a tipped and a non-tipped occupation, such as an employee employed both as a maintenance person and a waitperson, the tip credit is available only for the hours spent by the employee in the tipped occupation.

The FLSA permits an employer to take the tip credit for some time that the tipped employee spends in duties related to the tipped occupation, even though such duties are not by themselves directed toward producing tips. For example, a waitperson who spends some time cleaning and setting tables, making coffee, and occasionally washing dishes or glasses is considered to be engaged in a tipped occupation even though these duties are not tip producing.

However, where a tipped employee spends a substantial amount of time (in excess of 20 percent in the workweek) performing related duties, no tip credit may be taken for the time spent in such duties.

5. Tipping has been controversial in American history.

Seven states outlawed tipping in the beginning of the 20th century. This movement may have prevailed except for one event: Prohibition. During Prohibition, restaurateurs suffered greatly. Tips helped them offset losses from liquor sales. By 1926, all of the states had repealed anti-tipping laws.

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Federal Trial in Black v. Doris Metropolitan Restaurant

Vasquez Law represented a collective action of Plaintiffs who filed suit against their restaurant employer, Doris Metropolitan, a popular steakhouse located in the french quarter.

The arguments at a federal trial circulated around the function of managers who were relabeled as “service captains” after suit was filed. Managers participated in a “pooled house” meaning all of the tips for the servers were pooled together and distributed to server assistants, servers, and in this case, managers (now called service captains).

Plaintiffs previously argued a motion for summary judgment and the Judge rendered a decision that a manager/owner could not participate in the tip pool even if the tips were not taken by him but rather kept in the restaurant operating account.

A decision now remains to be rendered on whether a manager/service captain who supervises the servers execution of service at the table, who serves special meats to some tables, and who occasionally pours wines for guests should participate in the tip pool. Testimony was elicited that these same managers supervised the dishwashers, had keys to the restaurant, and had the ability to hire and send home employees.

Plaintiffs remain confident that they have proven their case and await a decision from District Court Judge Susie Morgan.

For more information see this link: Black v. DMNO, LLC Facebooktwitterredditpinterestlinkedinmail