The U.S. Court of Appeals for the 5th Circuit recently vacated the U.S. Department of Labor’s (DOL) latest provisions of its Tip Regulations Under the Fair Labor Standards Act, colloquially known as the 80/20/30 Rule through...more
8/29/2024
/ Administrative Procedure Act ,
Arbitrary and Capricious ,
Department of Labor (DOL) ,
Fair Labor Standards Act (FLSA) ,
Job Duties ,
Loper Bright Enterprises v Raimondo ,
Minimum Wage ,
Restaurant Industry ,
Statutory Interpretation ,
Tip Credit ,
Tipped Employees ,
Tips ,
Wage and Hour
As explained in our previous alert, in October 2023, after Gov. Kathy Hochul signed into law increases to New York’s minimum wage, the New York State Department of Labor (NY DOL) issued proposed changes to the tip credit,...more
12/28/2023
/ Exempt-Employees ,
Minimum Wage ,
New York ,
NYDOL ,
Over-Time ,
Rate of Pay ,
State Labor Laws ,
Tip Credit ,
Tipped Employees ,
Uniforms ,
Wage and Hour
Governor Kathy Hochul signed into law in May increases to New York’s minimum wage that will occur over the next few years. The first increase is set to take effect on January 1, 2024. Additional increases to the minimum wage...more
Washington, D.C. voters have approved an initiative that will gradually phase out the tip credit in the District. Known as the Increase Minimum Wage for Tipped Employees Measure, Initiative 82 passed on November 9, 2022 and...more
On October 29, 2021, the Wage and Hour Division of the U.S. Department of Labor (DOL) published the last provisions of its “Tip Regulations Under the Fair Labor Standards Act,” also known as the 2020 Final Tip Rule.
As...more
Approximately 16 months after COVID-19 forced New York to a screeching halt, many restaurants, hotels, bars, caterers and other hospitality establishments are finally reopening for business. As the hospitality industry...more
7/22/2021
/ Age Discrimination ,
Coronavirus/COVID-19 ,
Events ,
Exempt-Employees ,
Harassment ,
Health and Essential Rights (HERO) Act ,
Hospitality Industry ,
Layoffs ,
New York ,
Non-Exempt Employees ,
Popular ,
Rehiring Issues ,
Tip Credit
On June 21, 2021, the U.S. Department of Labor (DOL) announced proposed rules setting forth new tip regulations under the Fair Labor Standards Act (FLSA).
These new rules would reinstate the so-called “80/20” rule under...more
The United States Department of Labor (DOL) issued a final rule (Final Rule) on December 22, 2020, addressing tipped employees and the Fair Labor Standards Act (FLSA). The Final Rule was implemented as a result of the...more
New York rang in the new year with a pair of significant labor law developments. Governor Andrew Cuomo announced on December 31 that the Department of Labor would end the tip credit for “miscellaneous” industries by the end...more
As we approach the end of the year, it is critical to remember and implement some of the new legal requirements that go into effect in New York on December 31, 2019. Failure to comply with these requirements could subject an...more
The U.S. Department of Labor has proposed a new rule to allow employers who do not take a tip credit to establish “nontraditional” tip pools that include back-of-the-house employees and others who are not traditionally...more
Joining a trend sweeping the country, Connecticut lawmakers passed a bill that introduces a schedule to increase the minimum wage to $15 per hour by June 2023.
Gov. Ned Lamont signed the bill this morning, and employers...more
The Washington State Department of Labor and Industries (DLI) recently issued enforcement guidance concerning tips and services charges under the State’s Minimum Wage Act. The guidance confirms existing law and clarifies the...more
As we approach the end of the year, it is critical to remember and implement some of the new legal requirements that go into effect in New York on December 31, 2018. Failure to comply with these requirements could subject an...more
The U.S. Department of Labor’s (DOL) Wage and Hour Division reissued an Opinion Letter from 2009 that addresses whether and when employers may take a tip credit for employees who work dual jobs (e.g. as a server and a...more
A federal appeals court has endorsed the U.S. Department of Labor’s (DOL) 80/20 Rule, which limits the ability of employers to take a tip credit towards their minimum wage obligations to tipped employees under the Fair Labor...more
9/25/2018
/ Department of Labor (DOL) ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Food Service Workers ,
Hospitality Industry ,
Minimum Wage ,
Restaurant Industry ,
Tip Credit ,
Tipped Employees ,
Tips ,
Wage and Hour
On June 19, 2018, in a referendum known as Initiative 77, residents of the District of Columbia voted to eliminate the tip credit under city law. As a result, the tip credit in Washington, DC will be gradually phased out over...more
As we approach the end of the year, it is critical to remember and implement new legal requirements that go into effect on December 31, 2017. Failure to comply with these requirements could subject an uninformed employer to...more