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Gratuity: Taxation and Management of Tipped Employees

OnDemand Webinar (60 minutes)

Understand common challenges under the FLSA for employers of tipped employees.

Love it or hate it, tipping is probably not going away any time soon. For employers, tipping creates both tax and employment law risks, in part because employees are partially in control of tips. Gain an understanding of tax compliance for tips, including what is and is not a tip, how tips are taxed and who is responsible for reporting. We will also focus on employment law compliance with tips, and the most common mistakes employers make and how to avoid them.


William Hays Weissman, Littler Mendelson P.C.


Understanding Compensation

• What Are Tips

• What Are Service Charges

• How Do Tips and Services Charges Differ From Wages

Taxation of Tips

• Employee Reporting Obligations

• Employer Reporting Obligations

• Tip Credits

• Tip Agreements

• Tip Credits for Tax Purposes

• Penalties for Noncompliance

Employment Law Issues With Tipped Employees

• FLSA Issues, Including Elimination of the "80/20" Rule

• State Law Issues

• Tip Pooling and Dual Jobs