Legal Opinion
Marshall v. Emersons Ltd.
Court of Appeals for the Fourth Circuit
Decided March 8, 1979No. 77-1744PublishedCited by 16 opinions
1Opinion of the Court
WIDENER, Circuit Judge:
This case is an appeal from a decision of the district court holding that Emersons Ltd.’s use of a tip back wage plan to compensate its employees at its various restaurants violated the Fair Labor Standards Act’s (the Act) minimum wage requirements, 29 U.S.C. § 203(m), as amended by Fair Labor Standards Amendments of 1974, P.L. No. 93-259, § 13, 88 Stat. 55, 64-65. In the district court, Emersons argued that its tip back wage plan was lawful; however, in light of this court’s decision in Richard v. Marriott Corp., 549 F.2d 303 (4th Cir. 1977), cert. den., 433 U.S. 915,…
2Cases cited5 opinions
- Richard v. Marriott Corp.Court of Appeals for the Fourth Circuit · 1977
- Clifton D. Mayhew, Inc. v. WirtzCourt of Appeals for the Fourth Circuit · 1969
- Brast v. Winding Gulf Colliery Co.Court of Appeals for the Fourth Circuit · 1938
- Maryland Casualty Co. v. RickenbakerCourt of Appeals for the Fourth Circuit · 1944
- Marriott Corp. v. RichardSupreme Court of the United States · 1977
3Cited by16 opinions
- Chao v. Hotel Oasis, Inc.Court of Appeals for the First Circuit · 2007
- Jon Brian Lyles, Employers Mutual Casualty Company, Intervening v. American Hoist & Derrick CompanyCourt of Appeals for the Tenth Circuit · 1980
- MP ASSOCIATES v. LibertySupreme Judicial Court of Maine · 2001
- 23 Fair empl.prac.cas. 1381, 24 Empl. Prac. Dec. P 31,249 Equal Employment Opportunity Commission v. The Baltimore and Ohio Railroad Company and the Chesapeake and Ohio Railway Company, Equal Employment Advisory Council, Amicus Curiae. Equal Employment Opportunity Commission v. The Baltimore and Ohio Railroad Company and the Chesapeake and Ohio Railway Company, Equal Employment Advisory Council, Amicus CuriaeCourt of Appeals for the Fourth Circuit · 1980
- Ginsberg v. Burlington Industries, Inc.District Court, S.D. New York · 1980
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