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WAI MAN TOM v. HOSPITALITY VENTURES LLC

No. 18-2509.

980 F.3d 1027 (2020)

WAI MAN TOM, Plaintiff-Appellant, and Brandon Kelly, on behalf of himself and all others similarly situated, Plaintiff, v. HOSPITALITY VENTURES LLC, d/b/a Umstead Hotel and Spa; Sas Institute, Inc.; NC Culinary Ventures LLC, d/b/a Ãn Asian Cuisine, Defendants-Appellees, and Ann B. Goodnight, Defendant.

United States Court of Appeals, Fourth Circuit.

Decided: November 24, 2020.

Attorney(s) appearing for the Case

ARGUED: Gilda Adriana Hernandez , LAW OFFICES OF GILDA A. HERNANDEZ, PLLC, Cary, North Carolina, for Appellant. John R. Hunt , STOKES WAGNER, ALC, Atlanta, Georgia, for Appellees. ON BRIEF: Charlotte Smith , LAW OFFICES OF GILDA A. HERNANDEZ, PLLC, Cary, North Carolina, for Appellant. Arch Y. Stokes , Jordan A. Fishman , STOKES WAGNER, ALC, Atlanta, Georgia, for Appellees.

Affirmed in part, vacated in part and remanded by published opinion. Judge Quattlebaum wrote the opinion, in which Judge Agee and Judge Kleeh joined.

In this appeal, we are required to apply statutory provisions of the Fair Labor Standards Act ("FLSA") and accompanying regulations to workers in the restaurant industry. Ãn Asian Cuisine ("Ãn"), an upscale sushi restaurant in Cary, North Carolina, paid its servers an hourly rate plus tips and automatic gratuities...

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