Legal Opinion
CAPITAL ONE BANK (USA) N.A. v. SULLIVAN
Court of Civil Appeals of Oklahoma
Decided February 19, 2015No. 111,989PublishedCited by 1 opinion
1Opinion of the Court
BAY MITCHELL, Presiding Judge.
T1 Garnishee/Appellant MeNellie's, LLC (MecNellie's) seeks review of the trial court's order in favor of Plaintiff/Appellee Capital One Bank (USA) N.A. successor in interest to Capital One Bank (Capital One), holding that Defendant Jennifer Sullivan's (Sullivan) credit card tips are earnings subject to garnishment. Because the trial court erred as a matter of law, we reverse and remand.
12 Sullivan is employed as a server and bartender at MecNellie's. Pursuant to 29 U.S.C.A. § 203(m), MecNellie's takes a "tip credit" and pays servers a special minimum wage of only…
2Cases cited10 opinions
- Eric Myers, Jimmy Underwood, Michelle Grundorf v. The Copper Cellar CorporationCourt of Appeals for the Sixth Circuit · 1999
- Walker v. Group Health Services, Inc.Supreme Court of Oklahoma · 2001
- Murray County v. Homesales, Inc.Supreme Court of Oklahoma · 2014
- Willhite v. WillhiteSupreme Court of Oklahoma · 1976
- Winston v. Stewart & Elder, P.C.Supreme Court of Oklahoma · 2002
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3Cited by1 opinion
- CAPITAL ONE BANK (USA) N.A. v. SULLIVANCourt of Civil Appeals of Oklahoma · 2015