News & Analysis as of

Tipped Employees

Ogletree, Deakins, Nash, Smoak & Stewart,...

New Jersey Bill to Eliminate Minimum Wage Tip Credit Will Impact Hospitality Industry

New Jersey stands at a crossroads regarding the compensation of tipped workers. Introduced on March 10, 2025, Assembly Bill A5433 proposes a significant change to the New Jersey Wage and Hour Law: phasing out the “tip...more

Littler

Ones To Watch: Legislation Landscape for 2025

Littler on

Three months into the new legislative year, with all but a handful of state legislatures currently in session, several employment law trends for 2025 have emerged. Some of the more significant trends reflect the country’s...more

Amundsen Davis LLC

Department of Labor Clarifies Management Cannot Keep Tips From a Tip Pool and Reverts Back to the Dual Jobs Rule

Amundsen Davis LLC on

In January, the U.S. Department of Labor (DOL) issued an opinion letter clarifying managers and supervisors still cannot receive or keep tips, including from a tip pool. This came shortly after the DOL restored the dual...more

Amundsen Davis LLC

No Tax on Tips Act: How Taxpayers Can Prepare

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Tipping has been part of the modern-day American restaurant experience for decades. Like most forms of income, these tips are taxable and subject to income tax. But what if this income was free from income tax liability?...more

Burr & Forman

Michigan’s Earned Sick Time Act, With Amendments, Has Gone Into Effect

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Following the 2019 ballot initiative and Michigan Supreme Court decision in Mothering Justice v. Attorney General, Michigan’s Earned Sick Time Act (“ESTA”) went into effect on February 21, 2025. The ESTA sets out minimum...more

Littler

Michigan’s 11th-Hour Changes to Minimum Wage, Tip, and Paid Sick Leave Standards

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On February 21, 2025, Governor Gretchen Whitmer signed Senate Bill 8 and House Bill 4002, which, effective immediately, revise minimum wage, tip, and paid sick leave standards Michigan employers were expecting to take effect...more

Epstein Becker & Green

Time is Money: A Quick Wage-Hour Tip on … DOL Confirms Managers Are Blocked from Tip Pool Even When Working in Non-Supervisory...

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Section 3(m)(2)(B) of the FLSA prohibits employers, including managers or supervisors, from keeping any portion of an employee’s tips. Accordingly, the law has been clear that a manager or supervisor cannot participate in a...more

Jaburg Wilk

Arizona Minimum Wage Increases on January 1, 2025

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The Arizona minimum wage increased from $14.35 per hour to $14.70 per hour. The latest increase will take effect on January 1, 2025, and will remain in effect until December 31, 2025. This means that Arizona employers will...more

Vedder Price

DOL Reaffirms That Managers And Supervisors May Not Participate In Tip Pools

Vedder Price on

On December 18, 2024, the DOL issued opinion letter FLSA2024-02, reaffirming its position that managers and supervisors are prohibited from participating in tip pools under any circumstances....more

Vinson & Elkins LLP

Five Predictions for President Trump’s Second Administration: Employment and Labor

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Looking toward a second administration under President-elect Trump, we anticipate a shift toward more employer-friendly labor policies and away from interpretations of law that afforded more expansive protections to...more

Littler

New Minimum Wage Takes Effect in Boulder, Colorado

Littler on

The City of Boulder has enacted its own local minimum wage ordinance, which took effect January 1, 2025, setting the city’s minimum wage at $15.57 per hour. The new law adds another challenge to multi-jurisdiction compliance...more

Epstein Becker & Green

Many State and Local Minimum Wages Increased on January 1, 2025

Once again, we rang in the new year with a great many state and local minimum wage increases. This year, 23 states—and several counties and cities—will increase their minimum wages and, where applicable, tipped minimum...more

Adler Pollock & Sheehan P.C.

Minimum Wage Increases in Rhode Island and Connecticut. Stays the same in Massachusetts.

Effective January 1, 2025 the minimum wage in Rhode Island has been increased to fifteen dollars ($15.00) per hour.  Exceptions to the new minimum wage in Rhode Island will continue for fulltime students under nineteen (19)...more

Perkins Coie

Colorado Announces Minimum Wage Increases for 2025

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Starting in 2025, Colorado’s state minimum wage, which is adjusted for inflation, will increase from $14.42 to $14.81 per hour. For tipped workers, the minimum wage will continue to be $3.02 less than the standard minimum...more

Fisher Phillips

Labor Department Withdraws Onerous 80/20/30 Tip Credit Rule: 5 Practical Tips for Employers

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If you take the tip credit for employees that receive gratuities, you’ll want to review your policies and practices in light of Monday’s game-changing announcement from the U.S. Department of Labor (DOL). The Department...more

Hinckley Allen

[Webinar] Workplace Compliance and Policy Changes — Prepare for 2025 - January 9th, 12:00 pm - 1:15 pm EST

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Hinckley Allen’s Labor & Employment Group invites you to our fifth virtual Lunch & Learn program. We’ll cover various topics, including: - Potential policy changes under the new Trump administration...more

Jackson Lewis P.C.

DOL Returns to Pre-2021 Dual Jobs Regulation for Tipped Employees

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The U.S. Department of Labor (DOL) published a final rule on Dec. 17, 2024, restoring the pre-2021 language of the “dual jobs” regulation for tipped employees under the Fair Labor Standards Act (FLSA). This is a technical...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

DOL Issues Final Rule Reinstating Dual Jobs Regulatory Text

On December 17, 2024, the U.S. Department of Labor (DOL) issued a final rule amending the 2021 dual jobs rule. The amendment is purely technical and reflects the changes in law that have already occurred pursuant to the Fifth...more

Hinshaw & Culbertson - Employment Law...

The 12 Days of California Labor and Employment Series – Day 10 "Minimum Wage Updates"

In the spirit of the season, we are using our annual "12 Days of California Labor and Employment" blog series to address new California laws and their impact on employers. On the tenth day of the holidays, my labor and...more

Littler

Littler’s Semi-Annual Rates Update for Minimum Wage, Tips, and Exempt Pay Increases on January 1, 2025 (and Other Developments)

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While Americans across the country headed to the polls to decide who would govern their country, state, county, or city, most decisions were already made concerning what minimum pay rate would govern the employment of...more

Davis Wright Tremaine LLP

New York Employment Legislation Update: A Preview of 2025

Employers should prepare themselves for the multitude of employment laws slated to become effective in 2025. We summarize some of the key changes and offer practical advice below....more

Bradley Arant Boult Cummings LLP

Pass the FLSA Sauce! 5 Employment Law Happenings That May Make You Thankful

With Thanksgiving right around the corner, now is the perfect time to reflect on things for which we have to be thankful. In the ever-evolving world of labor and employment law, there have been several significant...more

Perkins Coie

Massachusetts Voters Retain Subminimum Wage for Tipped Employees

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On election day Massachusetts voters were given the opportunity to vote on the Fair Wage for Tipped Workers Act, a ballot measure, referred to as Question 5, that would have gradually increased pay for tipped workers until it...more

Cozen O'Connor

The State AG Report – 11.14.2024

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Here are curated AG and federal regulatory news stories highlighting key areas in which state and federal regulators’ decisions are having an impact across the US: •State AGs and DOJ Sick Over Planned Health Care Merger - ...more

Epstein Becker & Green

Voters Decide on State Minimum Wages and Other Workplace Issues

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On Election Day 2024, voters in six states weighed in on ballot initiatives that addressed several employment law topics....more

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