5th Circuit Reinstates Waiters’ Suit Challenging Sharing Tips With Coffeeman

(September 10, 2015, 11:01 AM EDT) -- NEW ORLEANS — The Fifth Circuit U.S. Court of Appeals on Aug. 28 reversed a district court’s grant of summary judgment to a restaurant that requires its waiters to participate in a tip pool, finding that there is a genuine dispute as to whether the coffeeman was eligible to receive tips (David Montano, et al. v. Montrose Restaurant Associates, Incorporated, Gaston Nieves v. Montrose Restaurant Associates, Incorporated, No. 14-20202, 5th Cir.; 2015 U.S. App. LEXIS 15233).

David Montano and Gaston Nieves worked as waiters for Tony’s...
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