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DEFENDANT’S Employer’s Liability – Alleged failure to pay minimum wage – Failure to credit waitress for cost of uniform.

U.S.D.C. - Southern District of Florida

The plaintiff of this employer’s liability action was a 21-year-old waitress in a Sunrise, Florida bar operated by the defendant. She alleged that the defendant failed to pay her the required minimal wage of $________ per hour after she subtracted out the cost of her uniform.

The defendant argued that, when the plaintiff’s tips were taken into consideration, her hourly rate exceeded the federal required minimal wage. The defense contended that federal law permitted an employer to use tips as a credit towards an employee’s minimum wage.The jury found for the defendant.

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