Sergio Casiano (Partner-Miami) and Shawna Biggs (Associate-West Palm Beach) prevailed on a motion for summary judgment in the U.S. District Court, Southern District of Florida, against all claims brought against Wilson Elser’s client, the owner of a restaurant and rooftop bar. The plaintiff, a former employee of the restaurant/bar, filed a lawsuit against our client alleging violations of the Fair Labor Standards Act (FLSA), including failure to pay overtime, tip confiscation, minimum wage violations, breach of a service charge agreement, and retaliation. Upon the plaintiff’s filing of a motion for summary judgment, Sergio and Shawna filed a competing summary judgment motion asserting that the 7(i) exemption applies to the rooftop bar, and as such, the bar is exempt from the overtime pay requirements. They further argued that the tip pools are valid because the restaurant pays above the minimum wage, and the pools do not include employees who are prohibited from participating. Sergio and Shawna also refuted the retaliation claim, maintaining that the plaintiff’s reduced hours and termination were unrelated to his complaints and due to other legitimate reasons. The court granted summary judgment in favor of Wilson Elser’s clients as to all claims, concurring that the rooftop bar was exempt from overtime requirements under the 7(i) exemption, the tip pools were lawful, the restaurant correctly applied the tip credit, and no causal connection existed between the plaintiff’s complaints and the alleged retaliatory actions.