BIG M, INC. V. TEXAS ROADHOUSE HOLDING, LLC A-3088-08T1 07-16-10
In this appeal, we address whether tips and gratuities are
subject to wage garnishment. We explained that the issue turns
on the control exercised by the employer of the tips and
gratuities, but held that tips and gratuities paid in cash
directly to the employee or charged to a credit card and paid
contemporaneously to the employee are not subject to
garnishment. We reversed a judgment in favor of the judgment
holder against the employer of a judgment debtor and remanded
for development of the factual record.
