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Labor Regulations Minimum Wage Tips

Stokes Wagner

Fifth Circuit Eliminates 80/20/30 Tip Credit Rule

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The U.S. Court of Appeals for the Fifth Circuit (Texas, Louisiana, and Mississippi) has struck down the Department of Labor’s “80/20/30 Rule,” which had set guidelines for how tipped employees are compensated under the Fair...more

Bradley Arant Boult Cummings LLP

Tipped Out? 5th Circuit Negates DOL Tip Credit Rule

How the FLSA “tip credit” is applied has been pushed and pulled numerous times over the last two decades. In the latest volley, the Fifth Circuit entered an order on August 23, 2024, vacating the Department of Labor’s 2021...more

Sheppard Mullin Richter & Hampton LLP

Washington D.C. Attorney General Offers Guidance for Restaurant Employers Amidst Spike in Service Fees

In 2022, Washington D.C. voters passed Initiative 82, or the “District of Columbia Tip Credit Elimination Act,” which later became law in February 2023. As we previously reported, the law will gradually phase out the “tip...more

Littler

Salt Bae’s Sprinkle of First Impression: Eleventh Circuit Holds Mandatory Service Charges Are Not “Tips” and May Be Used to...

Littler on

On March 18, 2022, the U.S. Court of Appeals for the Eleventh Circuit upheld a district court’s decision that an 18% service fee charged at the upscale Miami steakhouse of celebrity chef Nusret Gökçe was not a “tip” and was...more

Akerman LLP - HR Defense

DOL’s Final Rule on Tipped Employees Takes Effect December 28th

Beginning December 28, 2021, employers must pay tipped employees the full minimum wage for periods when non tip-producing work is performed for a substantial amount of time, in light of a new Department of Labor (DOL) Final...more

Burr & Forman

Department of Labor Releases Final Rule for Tipped Employees

Burr & Forman on

Tip Credits under the Fair Labor Standards Act - The Fair Labor Standards Act (“FLSA”) generally permits employers to pay tipped employees less than the minimum hourly wage, provided that the tips the employee receives are...more

FordHarrison

Restaurant Industry Alert: DOL Publishes Final Rule for Tipped Employees

FordHarrison on

On October 29, 2021, the U.S. Department of Labor (DOL) published its Final Rule related to tipped employees. It is effective December 28, 2021. DOL had issued a Notice of Proposed Rulemaking (NPRM) on June 21, 2021,...more

FordHarrison

Reminder: Florida Minimum Wage is Now $10.00 Per Hour

FordHarrison on

Florida voters on November 3, 2020, passed Amendment 2, which will, over a period of years, increase Florida’s minimum wage to $15.00 per hour. The first annual increase was effective September 30, 2021, and increased the...more

FordHarrison

Restaurant Industry Alert: DOL Issues Final Rule Modifying Tip Sharing

FordHarrison on

On September 23, 2021, the U.S. Department of Labor (DOL) issued its latest rule related to tip pooling. The rule modifies and clarifies aspects of a rule previously issued by the Trump administration. ...more

Quarles & Brady LLP

New DOL Tip Credit Rule Clarifies When Managers can Keep Tips and Lays Hefty Fines for FLSA Violations

Quarles & Brady LLP on

On September 24, 2021, the Department of Labor published its most recent rule regarding tip regulations under the Fair Labor Standards Act (“FLSA”). This final rule will go into effect on November 23, 2021....more

Franczek P.C.

New DOL Rule Adds Civil Penalties for Taking Employee Tips

Franczek P.C. on

In 2018, Congress added a provision to the Fair Labor Standards Act prohibiting employers from retaining employee tips or allowing managers or supervisors to participate in a tip pooling arrangement. Today, the U.S....more

Lowndes

Florida’s Minimum Wage Rises to $10.00 on September 30

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Effective September 30, 2021, the minimum wage in Florida will increase to $10.00 per hour from its current rate of $8.65 per hour. The increase stems from a state constitutional amendment, approved by Florida voters last...more

Akerman LLP - HR Defense

Tipped and Non-Tipped Work Back Under the Microscope

The old “80/20 rule” is back again for tipped workers under the latest proposed Final Rule issued by the Department of Labor (DOL) last month. Employers in the service industry, especially those employers who take a tip...more

Littler

DOL Proposal to Resurrect 80/20 Rule for Tipped Employees Fails to Alleviate Longstanding Industry Concerns

Littler on

On June 23, 2021, the U.S. Department of Labor (DOL) published a notice of proposed rulemaking (NPRM), which reverses course from a December 2020 final rule and seeks to resurrect the so-called “80/20 Rule” that governs how...more

Littler

Labor and Employment Rulemaking Prominent in President Biden’s First Regulatory Agenda

Littler on

On June 11, 2021, the federal government released its unified federal regulatory agenda for spring 2021, which outlines regulatory and deregulation actions agencies expect to take in the coming months....more

Stoel Rives - World of Employment

Minimum Wage Increase and Updated Workplace Posters

It’s that time of year to prepare for minimum wage increases and update workplace posters.  Beginning July 1, minimum wage rates throughout Oregon increase, to $13.25 for Portland Metro, $11.50 for Nonurban Counties, and...more

Jaburg Wilk

Tipping Points – DOL Issues New Opinions About Paying Tipped Employees

Jaburg Wilk on

Days before the January 20, 2021, presidential inauguration, the U.S. Department of Labor (DOL), under the outgoing administration, issued a flurry of new regulations, rules and opinion letters that could significantly impact...more

Littler

Department of Labor Issues Two Tip-Related Opinion Letters in Final Days of Outgoing Administration

Littler on

On January 15, 2021, the U.S. Department of Labor issued two opinion letters addressing tip-related issues.  The first, FLSA2021-4, addresses whether, and in what circumstances, a restaurant that takes a tip credit for its...more

Akerman LLP - HR Defense

Preparing for 2021: What New York Employers Can Expect in the New Year

Akerman LLP - HR Defense on

2021 is here, and with the new year comes changes for New York employers seeking to ensure full compliance with newly effective laws, or changes to the law, throughout the State. Employers are well-advised to review the...more

FordHarrison

Sharing is Caring: DOL Expands Tip Pool and Dumps 80/20 Rule

FordHarrison on

Executive Summary: On Tuesday, December 22, 2020, the U.S. Department of Labor (DOL) announced its final rule regarding expansion of tip pool sharing and limitations on the 80/20 rule....more

Littler

WPI Wage Watch: Minimum Wage, Tip, and Overtime Developments (January 2020 Edition)

Littler on

If January's minimum wage, tip, and overtime developments forecast what employers should expect throughout the remainder of the year, it could be a challenging 2020....more

Troutman Pepper

New York State To Eliminate Tip Credit For Many Employees Beginning June 2020

Troutman Pepper on

Q:  I heard New York is changing its rules around tip credits for some types of employees.  What do I need to know? ...more

Littler

Connecticut’s New Restaurant Wage Law Codifies “80/20 Rule” for Tipped Employees

Littler on

Following months of political maneuvering, including a gubernatorial veto, Connecticut has enacted compromise legislation that attempts to clarify how restaurants and other hospitality industry employers must pay workers who...more

Hogan Lovells

District of Columbia Employment Law Changes: Looking Back at 2019 and Ahead at 2020

Hogan Lovells on

As sophisticated employers know, an employer must track and comply with developments not only in federal law, but also state and local law. This blog post details key changes in employment laws in the District of Columbia in...more

Pullman & Comley - Labor, Employment and...

One Last 2019 Act from the Connecticut General Assembly: A December “Special Session” and the Tip Credit

Governor Lamont signs House Bill 7501 into law on January 6, 2020. As we say goodbye to 2019 (and await commencement of the 2020 session of the Connecticut General Assembly in February), the General Assembly via a “Special...more

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