Instawork-Centered Litigation Points to New Crease in Labor Law Surrounding Employee Tipping

A lawsuit has been filed against a local company on behalf of about 40 bartenders who were allegedly cheated out of their tips at a music festival called Three Points.

Coral Gables attorney Jane Muir of J. Muir & Associates, who represented Rosangela Fernandez and other bartenders, said this is a new cause of action under the Fair Labor Standards Act. She said previously plaintiffs couldn’t just sue for tips, but also had to make a wage and hour claim for improper minimum wage or overtime pay.

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