Tag Archives: Tips

Driving Test Tips

In most of the states in America, you are required to pass a written exam as well as the practical driving test. The written test is a test of traffic laws, road signs, and driving safety rules. Certain tips do come in handy while taking the this.

It is important that you gather useful driving test tips before the test. To study for this test, you would need to go to your local Department Of Motor Vehicles (DMV) office and pick up a copy of your state’s driver manual. It should be readily available among the various forms and other educational materials.

Start your test preparation by first reading the manual cover to cover. This will give you a fair idea of things to come and an initial reading can make a lot of the matter stick to memory once you begin to study. You need to study the manual thoroughly and there is no skipping this part. Instead of trying to cram it all in one day, set aside some time for it every day and study one section daily. Also look out for any driving test tips while you are at it. It helps to use colour highlighters to highlight the most important information or some useful test tips you’re afraid you wouldn’t remember otherwise.

Studying with a licensed parent or a friend who is also preparing for the test can help make the study more interactive and interesting. You can take turns quizzing each other on each section and make a note of any missed answers. The different road signs and markings can be a little tricky to remember, so quizzing each other through cue cards of the signs can be very helpful. You can also share this with each other. Also, one of the best methods of learning signs and road markings is when you are on a journey. If you are on the bus or being driven, keep an eye out and mentally note the different signs you see. This will help in your practical driving test as well.

These days, it is very easy to practise for the test online. Look at sample tests on the DMV website. Mock examinations are the best way of evaluating yourself before you book yourself in for a test. Multiple choice questions will allow you time to think and could help to jog your memory. There are many websites that have these quizzes available. On entering your zip code, you can get a driving test quiz based on the questions on your state’s driving test. Read through your manual again and try to recollect the driving test tips before the big test. Pay special attention to any of the questions you missed while studying with friends or taking the online test quiz and also remember important driving test tips. Do this and you should breeze through the test with flying colours.

Tip Pooling in Oregon

Employers use tip pooling arrangements to distribute tips an employee receives among the employer’s various other employees. Frequently, employers create tip pooling arrangements where the employer requires the tipped employee, such as a waiter or bartender, to place a portion of tips received into a pool which is then distributed to non-tipped employees, such as dishwashers and cooks. Some employers even take a portion of these tips for management or to distribute to independent contractors, such as DJs, bouncers or dancers.

Are these types of arrangements legal, in other words, can an employee be required to participate in a tip pooling arrangement?

The answer depends on the law in effect in the state that the employee works. On April 5, 2011 the Department of Labor issued regulations which state that all tips received by an employee are the property of the employee. These regulations clarify the 9th Circuit Court of Appeals decision which found that tips received by an employee are the employee’s property except in cases where there is a tip pooling arrangement. In that instance, the tips that are subject to the pooling arrangement were not the employee’s property.

The new regulations specifically state that all tips that an employee receives are an employee’s property with no exceptions. The employer may require an employee to participate in a valid tip pooling arrangement or take a credit against minimum wage, but only if the state in which the employee is employed allows such an arrangement or credit.

Each state has different requirements for a tip pooling arrangement. In Oregon, tip credits against minimum wage are not allowed. Additionally, pooling arrangements must be in writing, provided to the employee at the commencement of employment, and posted in a conspicuous place. Management and ownership cannot receive any of the pooled tips. If management or ownership received any of the pooled tips, the employer would be taking a tip credit which is not allowed under Oregon law.

For example, a bar pays its servers and bartenders minimum wage. The bar manager takes 20 percent of the tips received by the bartenders and servers and places the tips into a pool to be redistributed. The manager or owner cannot receive any of the funds contributed to the tip pool. If the manager or owner did receive funds from the pool, then the manager would be taking a tip credit against minimum wage and violating Oregon’s minimum wage laws and the Fair Labor Standards Act (FLSA).

Additionally, the tip pool can only include employees that are “customarily and regularly” tipped employees. If the pool includes cooks, dishwashers or other employees who are not customarily or regularly tipped then the pool is invalid. Additionally, the funds in the tip pool cannot be distributed to independent contractors, such as bouncers, DJs or dancers, since they are not employees.

Failure to comply with the FLSA and Oregon law may result in the employer having to pay back wages, penalties for failing to pay wages, and the employee’s attorney fees. In addition, the employee may have a claim for conversion which could carry punitive damages if the employer’s conduct is egregious.

© 07/12/2012 Kevin J. Tillson of Hunt & Associates, P.C. All rights reserved.