What is the critical factor the DOL uses to classify an employee as a manager or supervisor for tip exclusion purposes?
Answer
The duties performed
The title alone is not the sole determining factor; the Department of Labor focuses on the actual duties performed, such as directing the work of others or possessing hiring/firing authority.
Related Questions
Which federal law primarily governs wage and hour rules concerning tips in the United States?Generally, under the FLSA, who is considered the property owner of the tips an employee receives?What is the consequence if a manager participates in a tip pool arrangement with tipped employees?What is the critical factor the DOL uses to classify an employee as a manager or supervisor for tip exclusion purposes?What is the underlying reason for strictly excluding managers and supervisors from tip-sharing arrangements with front-line staff?What does the FLSA strictly prohibit an employer from doing with tips given to an employee?In the scenario where a supervisor temporarily performs service tasks, what does federal guidance suggest about their ability to keep tips earned during that time?How can state and local laws impact the rules regarding managers accepting tips compared to the federal FLSA baseline?What is the pragmatic approach suggested for employers to avoid litigation regarding manager tips?When a customer gives a manager a direct cash gratuity, what is often the safest course of action to avoid allegations of employer retention?What is a key difference between a tip given directly to a manager and a manager sharing in a tip pool?