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RICHARD v. MARRIOTT CORP.

Nos. 76-1496, 76-1497.

549 F.2d 303 (1977)

Paul A. RICHARD et al., Appellees, v. MARRIOTT CORPORATION, Appellant. W. J. Usery, Jr., Secretary of Labor, United States Department of Labor, and Chamber of Commerce of the United States of America, Amici Curiae. Paul A. RICHARD et al., Appellants, v. MARRIOTT CORPORATION, Appellee. W. J. Usery, Jr., Secretary of Labor, United States Department of Labor, and Chamber of Commerce of the United States of America, Amici Curiae.

United States Court of Appeals, Fourth Circuit.

Decided February 7, 1977.

Attorney(s) appearing for the Case

Ivan H. Rich, Jr., Washington, D. C., for appellant in 76-1496 and for appellee in 76-1497.

Peter K. Stackhouse, Arlington, Va. (Tolbert, Smith, Fitzgerald & Ramsey, Arlington, Va., on brief), for appellees in 76-1496 and for appellants in 76-1497.

James B. Leonard, Atty., U. S. Dept. of Labor, Washington, D. C. (William J. Kilberg, Sol. of Labor, Carin Ann Clauss, Associate Sol., U. S. Dept. of Labor, Washington, D. C., on brief), for amicus curiae.

Before CRAVEN, WIDENER and HALL, Circuit Judges.

CRAVEN, Circuit Judge:

In 1974 and 1975 the tips were good at Marriott Corporation's Joshua Tree Restaurant in McLean, Virginia. Each waiter and waitress averaged getting above $5.43 an hour, and some made considerably more. Since the average hourly receipt in tips was far and away more than the federal minimum wage, it seemed sensible to management, and perhaps also to the employees at the time, that Marriott simply underwrite the federal minimum hourly wage,

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