(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.
