LAWRENCE, N.Y. — A judge has ruled that a carwash attendant isn’t entitled to summary judgment on his claim, and he must take his case to a jury, according to Bloomberg BNA.
Carwash attendant Leonzo Constanza Alvarado claims that his employer benefited from the Fair Labor Standards Act tip credit, said the article.
Judge Raymond J. Dearie of the U.S. District Court for the Eastern District of New York said it is unclear if three supervisors shared in the tip pool, noted the article.
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The judge said the supervisors may not have had ultimate decision authority even though they did perform some managerial tasks, explained the article.
Alvarado also said the carwash violated the Fair Labor Standards Act because he didn’t know a tip credit would be applied to his wages, stated the article. Under the act, employers must provide advance notice to employees if claiming a tip credit.
The carwash claimed it provided this notice, and Alvarado presented evidence to refute the company’s claims, reported the article.
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