Romero v. Top-Tier Colorado LLC

MORITZ, Circuit Judge.

In dismissing Aarica Romero’s minimum-wage claim under Fed. R: Civ. P. 12(b)(6), the district court relied on a sin-' gle, undisputed fact: Romero has never alleged that she earned less than the federal minimum wage of $7.25 an hour — at least after taking into account both (1) the cash wage that her employer paid her and (2) all of the tips that she received each week.

But an employer doesn't comply with its federal minimum-wage obligations just because its employees receive at least $7.25 an hour in tips. Instead, an employer eom-plies with its minimum-wage obligations…