The case was tried before the Honorable Judge George Anaya on December 21st of 2012. The Department of Workforce Solutions was alleging that the employer failed to pay one of their employee’s all of the tips that were owed to her.
Once the firm attached the Department’s evidence and presented oral argument, the court rejected the Department’s theory that the total amount of money collected from customers as tips belonged to the server. Instead, the court agreed that only the portion of the tip pool which was received by the server represented her gross wages. The court also agreed with the employer that the server was in fact paid in full and that there were no improper deductions taken from her gross wages. Once all of the Department’s evidence was presented, the court decided in favor of the employer and the case was dismissed.
Moody & Warner, P.C. is an employment law firm located in New Mexico. The firm handles both sides of employment issues, which gives them the unique ability to assess all aspects of an employment dispute. The legal team has more than 50 years of collective experience and is entirely committed to providing the highest caliber legal advice and representation to their clients in every situation.
They have been named members of the Multi-Million Dollar Advocates Forum, and they have been included in the selection of Super Lawyers® for their legal abilities and professional achievements. Every year since 2005, the firm has been recognized as leaders in employment law by “Chamber USA – America’s Leading Lawyers for Business.” One of the firm’s notable cases involved about 3,000 female stock brokers in a nationwide gender discrimination class action suit in 2011 that settled for $32 million, and there have been many more such client successes. To contact the firm regarding your employment matter, call toll free at (888) 392-1461 or visit the firm’s website at http://www.nmlaborlaw.com.