Court of Appeals for the Ninth Circuit February 23, 2016, 13-35765, 14-15243 (Oregon Restaurant and Lodging v. Thomas Perez)

Opinion by Judge PREGERSON; Dissent by Judge N.R. SMITH.

OPINION

PREGERSON, Senior Circuit Judge:

Under the Fair Labor Standards Act of 1938 (“FLSA”), as amended in 1974, an employer may fulfill part of its hourly minimum wage obligation to a tipped employee with the employee’s tips. 29 Ú.S.C. § 203(m). This practice is known , as taking a “tip credit.