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Tips and gratuity deduction Oklahoma

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  • ArmyRetCW3

    In Federal Power Comm'n v. Tuscarora Indian Nation, 362 U.S. 99, 116, 80 S.Ct. 543, 553, 4 L.Ed.2d 584 (1960), the U.S. Supreme Court stated that a "general statute in terms of applying to all persons includes Indians and their property interests." Likewise, this court has stated "[g]eneral statutes, ... whose concerns are widely inclusive and do not affect traditional Indian or Tribal rights, are typically applied to Indians." Smart, 868 F.2d at 932.

    A statute of general applicability does not apply to the Indians if:
    (1) the law touches exclusive rights of self-governance in purely intramural matters;
    (2) the application of the law to the tribe would abrogate rights guaranteed by Indian treaties; or
    (3) there is proof by legislative history or some other means that Congress intended [the law] not to apply to Indians on their reservation...." Id. (quoting Coeur d'alene Tribal Farm, 751 F.2d at 1116) [hereinafter the Smart analysis].

    There is little doubt that the Fair Labor Standards Act is a statute of general applicability for the Act covers employees "engaged in commerce or in the production of goods for commerce," 29 U.S.C. Sec. 206(a), as well as "individuals employed by a public agency." Id. Sec. 203(e)(2). The Supreme Court "has consistently construed the [FLSA] 'liberally, to apply to the furthest reaches consistent with Congressional direction,' recognizing that broad coverage is essential to accomplish" its goals. Tony and Susan Alamo Found. v. Secretary of Labor, 471 U.S. 290, 296, 105 S.Ct. 1953, 1959, 85 L.Ed.2d 278 (1985) (quoting Mitchell v. Lublin, McGaughy & Assoc., 358 U.S. 207, 211, 79 S.Ct. 260, 263, 3 L.Ed.2d 243 (1959)). Given Congress' plenary powers under the Commerce Clause and the judiciary's broad definition of commerce, without question the FLSA must be interpreted as a statute of general applicability. See Rutherford Food Corp. v. McComb, 331 U.S. 722, 727, 67 S.Ct. 1473, 1475, 91 L.Ed. 1772 (1947) (discussing the goal of the FLSA).

    4 F.3d 490
    62 USLW 2161, 126 Lab.Cas. P 33,006,
    1 Wage & Hour Cas. 2d 929
    Robert REICH, Secretary of Labor, Plaintiff-Appellant,
    No. 92-4035.
    United States Court of Appeals,
    Seventh Circuit.
    Argued June 10, 1993.
    Decided Aug. 27, 1993.
    Rehearing and Suggestion for Rehearing
    Last edited by ArmyRetCW3; 09-29-2008, 07:46 PM.

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  • DAW
    Originally posted by DurantBum View Post
    Do Indian tribes really “run their own Government”
    You sort of have two different issues here.
    - Indian reservations and enterprises very directly related to Indian reservations are generally subject to federal law but not state law. There are exceptions. The reservation could have made a deal with the state of Oklahoma to the contrary. But 99%+ of the time, this general rule is true.
    - However Indian reservations are very much subject to federal law, and states mostly follow federal law (FLSA) on tips, so likely as not as least as far as tips go, you are probably on the same rules as you would be for a non-reservation employer. I am going to include a pointer to the federal rules on tips and suggest that you read the entire sheet (not that long).

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  • Actongue
    I am from Wa state so things can vary but Suerpvisors and managers do not get to keep any of the tips whether it be State or Federal in the case of the casino
    they are just trying to get a piece of the pie

    Be wary if they call it a service charge then they can take a cut for the house
    I bartended at a private golf course and there was a 18 percent service charge on all food and beverage
    the house kept 3 percent Servers/Barteners got the remaining 15 percent
    ( it usper the members too that the house got a cut since they did not feel management/house deserved it since they were not very good at customer service)

    If it is not called a service charge then u should have alot of moneycoming to you and other employees.

    Leave a comment:

  • DurantBum
    started a topic Tips and gratuity deduction Oklahoma

    Tips and gratuity deduction Oklahoma

    I’m currently working at an Indian casino in Oklahoma as a poker dealer. The casino takes 20% of table games employee tips. The tips are supposedly shared with support staff, supervisors and management. Is this legal? Do Indian tribes really “run their own Government” and do as they please? With a little over 200 employees 20% is a lot of money at about $2 mill. a year. I know support staff and supervisors aren’t making that much money. What do you think I can do?
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