Bartender’s Class Action Suit Says Tip Policy Discriminates And Violates ERISA

Mealey's (May 7, 2020, 8:26 AM EDT) -- GREENBELT, Md. — A hotel bartender filed a class action suit on April 28 in Maryland federal court against his employer’s 401(k) retirement plan and the plan fiduciaries, alleging that the employer’s tip policy discriminates against tipped employees because the tipped employees’ full compensation is not available for pretax deferrals under the 401(k) plan as the tips are paid in cash and not included in their wages paid through payroll (Dan Frankenstein, et al. v. Host International Inc., et al., No. 20-1100, D. Md.)....