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Tipped Employees Field Operations Manual Department of Labor (DOL)

Seyfarth Shaw LLP

Tips from Seyfarth: In a Major Win for Restaurants, Fifth Circuit Vacates DOL’s 80/20 Rule

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Tips from Seyfarth is a blog series for employers, and their in-house lawyers and HR, payroll, and compensation professionals, in the food, beverage, and hospitality sector. We curate wage and hour compliance “tips” to keep...more

Fisher Phillips

Tip-Credit Turmoil Continues: USDOL Releases Guidance That Continues Trend of Trimming Employer Practices

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More than a year after the US Department of Labor announced the return of the time-keeping nightmare that is the 80/20 rule with new tweaks that encourage even more litigation, the agency just released new guidance that...more

Jackson Lewis P.C.

DOL Formally Reinstates ‘20%’ Rule, Adds ‘30-Minute’ Rule Setting Limits on Tip Credit Use

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On October 28, 2021, the U.S. Department of Labor (DOL) issued a Final Rule establishing limits on the amount of time tipped employees can spend performing work that is not “tip- producing work” and still being paid at the...more

Jackson Lewis P.C.

Eleventh Circuit Refuses To Defer To DOL Opinion Letter Eliminating ‘20%’ Rule

Jackson Lewis P.C. on

In late 2020, the U.S. Department of Labor (DOL) issued a Tip Regulations Final Rule that, in part, sought to eliminate the so-called “80/20,” or “20%,” Rule under the Fair Labor Standards Act (FLSA). The 20% Rule has been...more

Littler

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

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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

Fisher Phillips

USDOL Issues Proposed Changes to the Tip Credit Regulations

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Employers that utilize the “tip credit” in the federal Fair Labor Standards Act (“FLSA”), or whose employees receive tips, should carefully consider regulatory changes that were proposed by USDOL today. While many of the...more

FordHarrison

U.S. Department of Labor’s New Guidance, Compliance Tool, and Leadership

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February has been a busy month for the U.S. Department of Labor (“DOL”).  The Wage and Hour Division (“WHD”) published new guidance addressing tipped employees and payment of subminimum wages and released a new compliance...more

Fisher Phillips

USDOL Moves Forward With Eliminating 20% Rule

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On February 15, the U.S. Department of Labor struck another nail into the coffin of the infamous “20% Rule,” the agency’s prior enforcement position which purported to limit an employer’s ability to take the federal Fair...more

Seyfarth Shaw LLP

Check, Please!  DOL Issues Opinion Letter Ending Its 20% Tip Credit Rule

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Seyfarth Synopsis: The DOL has reissued a long-awaited opinion letter withdrawing its previous 20% tip credit rule and making clear that “no limit is placed on the amount of [related but non-tipped] duties that may be...more

Littler

WPI Wage Watch: Minimum Wage and Overtime Updates (September Edition)

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September may mean saying goodbye to summer, but minimum wage and overtime developments across the country are still going strong. A nominee to lead federal wage and hour enforcement efforts has been put forward, labor...more

Littler

Ninth Circuit Rejects DOL's Interpretation of the "Dual Jobs" Regulation for Tipped Employees

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On September 6, 2017, the Ninth Circuit Court of Appeals declined to accord deference to the U.S. Department of Labor's (DOL) interpretation of its "dual jobs" regulation. The court reasoned that the interpretation, as...more

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