Juli Wintjen, et al. v. Denny’s Inc.

Issue

Whether the tip credit is still available to an employer who forgot to provide part of a non-statutorily required notice to an employee?

September 17, 2025

To take the tip credit, DOL requires an employer to provide notice to the employee of the following five things: 1) The amount of the cash wage that is to be paid to the tipped employee by the employer; 2) The additional amount by which the wages of the tipped employee are increased on account of the tip credit claimed by the employer; 3) Which amount may not exceed the value of the tips actually received by the employee; 4) That all tips received by the tipped employee must be retained by the employee except for a valid tip pooling arrangement limited to employees who customarily and regularly receive tips; and, 5) That the tip credit shall not apply to any employee who has not been informed of these requirements in this section. The RLC argues in its brief that no worker who has received the first four notices can conceivably suffer harm from not receiving the fifth notice.