Gerald Fast, et al v. Applebee's International, No. 10-1726 (8th Cir. 2011)
Annotate this CaseApplebee's International, Inc. ("Applebee's") appealed the district court's denial of summary judgment where current and former servers and bartenders ("employees") brought an employment wage dispute under the Fair Labor Standards Act ("FLSA"), 29 U.S.C. 203(m), 206(a)(1), based on Applebee's use of the "tip credit" to calculate their wages for purposes of meeting the minimum wage requirements of the FLSA. At issue was how to properly apply the "tip credit" to employees whom both sides agree are "tipped employees" under the FLSA. The court agreed with the district court and held that the Department of Labor's interpretation of the FLSA as contained in the Wage and Hour Division's Field Operations Handbook was reasonable, persuasive, and entitled to deference. The court also held that the district court properly applied the Anderson v. Mt. Clemens Pottery Co. burden of proof standard where employees could meet the standard by producing sufficient evidence to show the amount and extent of work as a matter of just and reasonable inference.
Court Description: Civil Case - Fair Labor Standards Act. Department of Labor interpretations of its own regulation of sec. 531.56(e), relating to application of tip credit, is entitled to deference. District court's denial of summary judgment, holding that agency's interpretation of the FLSA as contained in regulations and operations handbook are reasonable, is affirmed. Addressing the cross appeal relating to the burden of proof, the district court properly applied the burden of proof set forth in Anderson v. Mt. Clemens Pottery Co.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.