Summary
explaining that the FLSA “prohibits retaining tips only to the extent that the employer then claims a tip credit and pays less than the minimum wage” and that “[o]nly New York law explicitly prohibits the retention of an employee's tips by individuals other than ‘similar' employees”
Summary of this case from Shum v. Jili Inc.Opinion
10 Civ. 3635 (LAK).
May 24, 2011
ORDER
For the reasons stated in the report and recommendation of Magistrate Judge James C. Francis IV (the "R R") to which no objection has been filed, plaintiffs shall have judgment by default against defendant as set forth in the final paragraph of the R R. The Clerk shall enter judgment accordingly and close the case.
SO ORDERED.