Well good lordy, The Daily Record posted a somewhat-even-more-updated version of last month’s big tip pooling scandal update we posted, which I guess someone liked so much they CTRL-V’d the whole thing into a comment – the newer version contains some juicy bits; quotes from other owners, bartenders, and many of the parties involved (lawyers, etc.). Here’s an interesting quote involving Judge Bennett and defense attorney Howard Hoffman:
“In some close circumstances,” Bennett wrote, “this Court believes that it may be, at least theoretically, possible to be an employer under the FLSA and at the same time share in a tip pool.”
Hoffman said that statement “muddies everything.” He’d like to appeal the case to the 4th U.S. Circuit Court of Appeals but he’s not sure Zink can afford it. Either way, there will likely be another test case.
“We do not think that this issue is going to go away because it is a trap for the unwary,” he said.
….quite the clusterf**k, no?
doesn’t that statement from the judge pretty much invalidate the case? or is he saying “in some cases… but not this one.” I feel for jason on the legal fees, i think i’m pretty much pot committed in my lawsuit, considering i technically won already, but i’m already in the red if i get the money i’m owed, and there is still more bullshit to go through.