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PEREZ v. LORRAINE ENTERPRISES, INC.

No. 13-1685.

769 F.3d 23 (2014)

Thomas E. PEREZ, Secretary, United States Department of Labor, Plaintiff, Appellee, v. LORRAINE ENTERPRISES, INC., d/b/a Piccolo E Posto, et al., Defendants, Appellants.

United States Court of Appeals, First Circuit.

October 1, 2014.

Attorney(s) appearing for the Case

Jose A.B. Nolla-Mayoral , Jorge W. Perdomo and Nolla, Palou & Casellas, LLC on brief for appellants.

M. Patricia Smith , Solicitor of Labor, Jennifer S. Brand , Associate Solicitor, Paul L. Frieden , Counsel for Appellate Litigation, Maria Van Buren , Senior Attorney, and Steven W. Gardiner , Attorney, on brief for appellee.

Before LYNCH, Chief Judge, RIPPLE and SELYA, Circuit Judges.

SELYA, Circuit Judge.

Among a host of other beneficial provisions, the Fair Labor Standards Act (FLSA), 29 U.S.C. §§ 201-219, establishes a federal minimum wage. See id. § 206(a). But Congress carved out an exception to the minimum wage for certain occupations in which tips can reliably be expected to supplement wages. See id. § 203(m). The prototype for this exception is the restaurant industry.

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