CACI No. 2752

Code, § 351)

[Name of plaintiff] claims that [name of defendant] [took money/allowed

[specify ineligible individual(s) or class(es) of individuals] to take money]

from a tip pool that [name of plaintiff] was entitled to receive. [The court

has determined that [specify ineligible individual(s) or class(es) of

individuals] [was/were] not eligible to receive money from a tip pool.]

To establish this claim, [name of plaintiff] must prove all of the following:

1. That [name of defendant] was [a/an] [employer/[other covered

entity]];

2. That [name of plaintiff] was an employee of [name of defendant];

3. That [name of defendant] maintained a tip pool in which money

left by patrons in an amount over and above the actual amount

due for [specify services rendered or goods, food, drink, or articles

sold] was pooled to be distributed among employees including

[name of plaintiff]; and

4. [That [name of defendant] took money from the tip pool that

[name of plaintiff] was entitled to receive.]

4. [or]

4. [That [name of defendant] allowed [specify ineligible individual(s) or

class(es) of individuals] to take money from the tip pool that [name

of plaintiff] was entitled to receive.]

[Name of plaintiff] does not have to prove the exact amount of money

that was taken.

[Name of defendant] is required to keep accurate records of all tips or

gratuities received by [him/her/ nonbinary pronoun/it] for

[his/her/nonbinary pronoun/its] employees.

New November 2021