Montano v. Montrose Restaurant Associates, Inc.

STEPHEN A. HIGGINSON, Circuit Judge:

This case concerns coffee and tipping. Two waiters sued the Houston restaurant where they worked, claiming the restaurant violated federal law by requiring them to share tips with the restaurant’s “coffee-man.” The district court granted the restaurant’s motion for summary judgment, holding that, as a matter of law, the coffee-man was an employee who customarily and regularly received tips. Because there is a genuine issue of material fact as to whether the coffeeman customarily and regularly received tips, we REVERSE.

BACKGROUND

Plaintiffs-Appellants David…