Burt v. Rackner, Inc.Annotate this Case
The Minnesota Fair Labor Standards Act (MFLSA), Minn. Stat. 177.21-.35, provides a private cause of action for an employee who is discharged for refusing to share gratuities.
The Supreme Court affirmed the judgment of the court of appeals reversing the dismissal of Employee’s complaint alleging a violation of the MFLSA for Employer’s decision to terminate him for not “properly sharing his tips.” In dismissing the complaint, the district court concluded that the MFLSA does not recognize a wrongful-discharge cause of action. The court of appeals reversed. The Supreme Court affirmed, holding that the MFLSA, by express wording, provides a cause of action for an employee who is terminated for refusing to share tips.