[Code of Federal Regulations]
[Title 29, Volume 3]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR531.7]

[Page 164]
 
                             TITLE 29--LABOR
 
         CHAPTER V--WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR
 
PART 531_WAGE PAYMENTS UNDER THE FAIR LABOR STANDARDS ACT OF 1938
--Table of Contents
 
  Subpart B_Determinations of ``Reasonable Cost'' and ``Fair Value''; 
               Effects of Collective Bargaining Agreements
 
Sec. 531.7  Request for review of tip credit.

    (a) Any employee (either himself or acting through his 
representative) may request the Administrator to determine whether the 
actual amount of tips received by him is less than the amount determined 
by the employer as a wage credit. If it is shown to the satisfaction of 
the Administrator that the actual amount of tips is the lesser of these 
amounts, the amount paid the employee by the employer shall be deemed to 
have been increased by such lesser amount.
    (b) Requests for review and determination may be made either orally 
or in writing to any investigator or any regional, district, or field 
office of the Wage and Hour Division or to the Administrator in 
Washington, DC 20210. Requests should be accompanied by a statement of 
tips received each week or each month over a representative period as 
reported by the employee to the employer for purposes of Internal 
Revenue Service reports. Such a request should also be accompanied by a 
statement showing the tip credit taken by the employer and any other 
information deemed pertinent by the petitioner. In any instance in which 
it appears that the tip credit claimed by the employer exceeds the 
amount of tips actually received by the tipped employee, the employer 
shall be apprised of the facts made available to the Wage and Hour 
Division and be afforded the opportunity to submit any evidence he may 
care to present in support of his claim for tip credit before a 
determination is made. Such determination shall be made by the official 
representative of the Wage and Hour Division assigned to make an 
investigation of the employing establishment.