BARCELLONA v. TIFFANY ENGLISH PUB

No. 77-1892.

597 F.2d 464 (1979)

Bruce BARCELLONA et al., Plaintiffs-Appellees, Cross-Appellants, v. TIFFANY ENGLISH PUB, INC., d/b/a TGI Friday's, Defendant-Appellant, Cross-Appellee.

United States Court of Appeals, Fifth Circuit.

June 20, 1979.


Attorney(s) appearing for the Case

Paul O. Miller, III, James R. Lockard, Jackson, Miss., for defendant-appellant, cross-appellee.

Thomas W. Tardy, III, Kenneth A. Rutherford, Jackson, Miss., for plaintiffs-appellees, cross-appellants.

Before TUTTLE, TJOFLAT and HILL, Circuit Judges.


TUTTLE, Circuit Judge:

The plaintiffs are former waiters who brought suit against this Friday's restaurant under the Fair Labor Standards Act (FLSA), seeking back wages, liquidated damages, and attorney's fees under 29 U.S.C. § 216(b). The waiters attack the restaurant's policy of using their tips to satisfy its obligation to pay a minimum wage. The restaurant contends that the tips were withheld pursuant to a then valid agreement with the waiters whereby all...

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