Employers mandating tip pooling
Contact Damon at 206-283-7036 or LTC Comment: Every year Broker World magazine publishes surveys of traditional and worksite long-term care insurance.
She also made it clear that MOM's findings on the case did not affect her findings as there was no evidence on how rigorous the assessment was.
The ministry has asked such workers to "consider carefully" before they opt to go to court as the burden of proof there may be different.
The issue has come under the spotlight following the case of Chinese national Xu Zhenbing, who claimed that he suffered injuries on his right wrist when carrying out reinforcement works of metal rebars in a lift shaft at an Alexandra View worksite in 2014.
Under the Fair Labor Standards Act (FLSA), mandatory tip pools may only include employees who “customarily and regularly receive tips.” Although this concept may appear simple, it is not.
Employers, employees, and the courts have grappled with it recently, and this struggle has resulted in multimillion dollar class action lawsuits that have required employers to restructure how their employees get paid.
Noting that about 800 injured workers annually withdraw their Wica claims to pursue them in court instead, Ms Kee urged injured workers to "consider carefully between claiming under Wica and filing a suit under common law, as the evidential requirements are different".