In a long-awaited decision, the Department of Labor (DOL) regulation setting strict limits on the amount of time that tipped employees can spend performing work that does not directly generate tips has been struck down by the...more
The Department of Labor (DOL) Wage and Hour Division (WHD) is in the process of publishing industry-specific guidance for compliance with the 2022 Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act). The...more
The “Dual Jobs” Final Rule, which regulates when employers may take a tip credit under the Fair Labor Standards Act (FLSA), is a valid and reasonable exercise of the Department of Labor’s (DOL) authority, a federal district...more
Self-appointed “testers” need to establish their legal right to sue under the Americans With Disabilities Act (ADA) by showing a concrete and particularized injury, Jackson Lewis attorneys wrote in an amicus brief submitted...more
6/30/2023
/ Accessibility Rules ,
Americans with Disabilities Act (ADA) ,
Amicus Briefs ,
Hospitality Industry ,
Hotels ,
Policies and Procedures ,
Public Accommodation ,
Reasonable Accommodation ,
SCOTUS ,
Standing ,
Title III
As the COVID-19 pandemic subsides and white-collar employees are finally heading back to their offices, the real estate industry, like other industries employing large numbers of white-collar employee, will face pressures...more
The restaurant industry continues its slow, but steady recovery from the impacts of COVID-19. One of the most critical issues facing employers is attracting and retaining talent in the face of increasing difficulties to do...more
Restaurants should be on higher alert for potential inspections from the Occupational Safety and Health Administration (OSHA) in light of the agency’s recent Updated Interim Enforcement Response Plan for COVID-19 and National...more
With COVID-19 vaccinations rolling out across the country, loosening restrictions on operations, increased demand, and other signs of recovery in the industry, hospitality employers are poised to expand their workforces. This...more
As a result of COVID-19, large numbers of women are leaving the workplace — reducing hours or taking on less responsibility in order to balance the tension between employee and caregiver.
This episode of We get work™...more
COVID-19 vaccinations are front of mind for restaurant employers looking to return to “normal” in what has been a hard year for the industry. The potential for employee vaccination comes with many questions. Adding to the...more
Restauranteurs continue to be challenged by the mandated closures and limitations on operations because of the COVID-19 pandemic. Nevertheless, the industry may be facing new legal challenges in 2021 as this sector’s economic...more
The concept of “joint employment” is an important workplace legal issue and often arises in the real estate industry because industry employers want to avoid liability for another business’s employees’ legal claims. The risk...more
On January 5, 2021, New York City Mayor Bill de Blasio signed into law two pieces of legislation passed by the New York City Council, Int. No. 1415-A and Int. No 1396-A, that, when effective in early July 2021, will impose...more
The U.S. Department of Labor (DOL) has issued its long-awaited Final Rule addressing who may share tips under the Fair Labor Standards Act (FLSA) and the circumstances under which employers may use a tip credit.
The Final...more
The New York City Council has passed two bills, Int. No. 1415-A and Int. No 1396-A, that, when enacted and effective, will impose significant obligations on covered New York City fast food industry employers.
These bills...more
The business world is looking to breathe a collective sigh of relief about getting to the end of 2020. But employers have to stay focused—year-end parties, performance evaluations, compensation and bonus structures all look...more
The virtual workplace has blurred the line between our personal and professional spaces — but the behavior that constitutes harassment in the workplace remains the same. Comfortably sitting in our home office does not mean we...more
In 2020, politics permeates the workplace. Employers should anticipate election-related issues regardless of whether their workplace is open, remains virtual or falls somewhere in between. Striking a balance between the...more
Being able to compete with the dramatically expanded unemployment benefits some workers are receiving from the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) may be a hurdle for many employers when states...more
The New York Department of Labor’s (NYDOL) longstanding interpretation of its wage order as applied to the work hours of non-residential employees performing 24-hour (so-called “sleep-in” or “live-in”) shifts has been upheld...more
The New York City Council introduced two bills to extend protections from workplace terminations to fast food employees. These two bills (Intro 1396 and Intro 1415) are the latest in a series of legislative actions by the...more
Starting on July 18, 2018, New York City employers are required to provide two temporary schedule changes to employees each calendar year for “personal events.” The law also protects employees from retaliation for making...more
While the federal minimum wage for non-exempt employees has remained unchanged at $7.25 per hour since 2009, and the federal salary level for exempt employees has been stymied in litigation and rulemaking since 2014, New York...more
Seeking to resolve a split among the district courts in the Second Circuit, the Court of Appeals has accepted an interlocutory appeal to decide whether, in resolving cases involving FLSA claims, offers of judgment under Rule...more
Finding it wholly inconsistent with the statute and the regulation it purports to interpret, the Ninth Circuit has held invalid the United States Department of Labor’s “80/20” tip credit rule, or “20% Rule,” which limits the...more