Berkeley V. Berkeley Case Study

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Concessions fully denies that it violated the Federal Labor Standards Act (FLSA), 29 U.S.C. §201, et seq. by not properly compensating Mr. Berkeley for any non-tipped duties. The FLSA permits tipped employees to perform related duties that are not directed toward producing tips. See 29 C.F.R. §531.56 (e). Mr. Berkeley never held the position of just a bartender. He was a bartender and a server for less than a year. In these positions, Mr. Berkeley occasionally performed related non-tipped duties for both positions. However, these duties were infrequent and incidental to Mr. Berkeley’s positon. The vast proportion of his time was spent doing tipped work. Additionally, Mr. Berkeley was not solely a tipped employee at Concessions. He
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