This Law Firm Publication by Jackson Lewis LLP discusses the US District Court for the District of Utah's August 26, 2013 decision in Czarnik v. All Resort Coach, Inc. In Czarnick, the court held an employee has no claim for allegedly misappropriated gratuities under the Fair Labor Standards Act of 1938 (FLSA) unless the employer elected to take the tip credit under the FLSA. The court's decision follows several other federal courts, including the US Court of Appeals for the Ninth Circuit's 2010 decision in Cumbie v. Woody Woo, Inc. invalidating Department of Labor regulations on the issue.