On August 23, 2024, in Restaurant Law Center v. U.S. Department of Labor, the U.S. Court of Appeals for the Fifth Circuit vacated the U.S. Department of Labor’s so-called “80/20/30 Rule” that governed how tipped employees...more
The Sixth Circuit has become the second federal appeals court to toughen the standard for plaintiffs seeking court-authorized notice to potential claimants in a collective action under the Fair Labor Standards Act (FLSA). On...more
On February 22, 2023, the United States Supreme Court issued its opinion in Helix Energy Solutions Group, Inc. v. Hewitt, holding that paying an employee a “day rate” does not satisfy the salary basis test under the...more
2/23/2023
/ Corporate Counsel ,
Employer Liability Issues ,
Employment Litigation ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Helix Energy Solutions Group Inc v Hewitt No 21-984 ,
Highly Compensated Employees ,
Non-Exempt Employees ,
Over-Time ,
SCOTUS ,
Wage and Hour ,
White-Collar Exemptions
“Quiet quitting,” “career polygamy,” “overemployment,” “mouse-jigglers,” and “DJs for work meetings”? Social media has exploded with stories of employees rejecting “hustle culture,” reclaiming work-life balance, and...more
While the issue of whether private employers can legally enforce vaccine mandates among their workforce continues to be challenged across the country, a split panel in the Fifth Circuit is the first appellate court to signal...more
2/18/2022
/ Americans with Disabilities Act (ADA) ,
Civil Rights Act ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Health and Safety ,
Infectious Diseases ,
Labor Law Violations ,
Motion To Enjoin ,
Preliminary Injunctions ,
Reasonable Accommodation ,
Religious Accommodation ,
Reversal ,
Statutory Violations ,
Title VII ,
United Airlines ,
Vaccinations ,
Workplace Safety
On October 11, 2021, Texas Governor Greg Abbott issued Executive Order GA-40, which states that no entity in Texas can “compel” any individual, including any employee or consumer, to receive a COVID-19 vaccination who objects...more
10/13/2021
/ Coronavirus/COVID-19 ,
Corporate Counsel ,
Employer Liability Issues ,
Employer Mandates ,
Executive Orders ,
Governor Abbott ,
Infectious Diseases ,
Labor Regulations ,
Public Health Emergency ,
Vaccinations ,
Workplace Safety
The U.S. Department of Labor (“DOL” or “the Department”) is proposing to delay and revise portions of the Trump administration regulations related to tipped employees under the Fair Labor Standards Act (“FLSA” or “the Act”). ...more
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
1/20/2021
/ Department of Labor (DOL) ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Food Service Workers ,
Labor Reform ,
Labor Regulations ,
Minimum Wage ,
Restaurant Industry ,
Tip Credit ,
Tip-Pooling ,
Tipped Employees ,
Tips ,
Wage and Hour
On January 12, 2021, the U.S. Court of Appeals for the Fifth Circuit issued a long-sought opinion on the collective certification process under the Fair Labor Standards Act. In its opinion, the Fifth Circuit expressly...more
Over a year after Congress amended the Fair Labor Standards Act (FLSA) to clarify tip ownership questions, the U.S. Department of Labor (DOL) finally published a Notice of Proposed Rulemaking on October 8, 2019, with proposed...more
10/9/2019
/ Comment Period ,
Consolidated Appropriations Act (CAA) ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Field Assistance Bulletins ,
Minimum Wage ,
NPRM ,
Proposed Regulation ,
Regulatory Requirements ,
Restaurant Industry ,
Rulemaking Process ,
Tip Credit ,
Tipped Employees ,
Tips ,
Wage and Hour
On August 21, 2019, the U.S. Court of Appeals for the Fifth Circuit issued an opinion in Faludi v. U.S. Shale Solutions, L.L.C. that may prove to be an important decision for companies that utilize day rate compensation...more
On June 10, 2019, the United States Supreme Court unanimously ruled that state wage and hour laws do not apply to certain drilling rig employees working off the California coast. The rig workers argued that California law...more
6/12/2019
/ Appeals ,
Choice-of-Law ,
Fair Labor Standards Act (FLSA) ,
Federal Enclave Rules ,
Federal Labor Laws ,
Federal v State Law Application ,
Offshore Drilling ,
On-Call Employees ,
Outer Continental Shelf Lands Act ,
Parker Drilling Management Services Ltd v Newton ,
Preemption ,
Putative Class Actions ,
Reversal ,
SCOTUS ,
State Labor Laws ,
Unpaid Wages ,
Wage and Hour
The U.S. Department of Labor (“DOL”) has issued three sets of proposed regulations that significantly impact the Hospitality industry. ...more
4/26/2019
/ Comment Period ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Hospitality Industry ,
Joint Employers ,
Minimum Wage ,
NPRM ,
Over-Time ,
Proposed Regulation ,
Rate of Pay ,
Wage and Hour ,
White-Collar Exemptions
As part of our practice, we like to keep an eye on significant legislative, regulatory, and judicial developments affecting our clients in the hospitality industry....more
4/3/2019
/ Anti-Harassment Policies ,
Employer Liability Issues ,
Hospitality Industry ,
Hotels ,
Human Trafficking ,
Legislative Agendas ,
Nightclubs ,
Restaurant Industry ,
Sexual Assault ,
Sexual Harassment ,
Slavery ,
Tip Credit ,
Tipped Employees ,
Wage and Hour ,
Work Schedules ,
Workplace Safety
On February 28, 2019, the United States Court of Appeals for the Fifth Circuit issued an important decision involving whether contract workers in the oil patch were entitled to overtime....more
Many years ago, the U.S. Department of Labor (DOL) issued guidance known as the "20% Rule" or "80/20 Rule," which provides that, where tipped employees spend in excess of 20% of their workweek on non-tip-earning tasks, no tip...more
It is commonly understood that employees bear the burden of proving that they are covered by the Fair Labor Standards Act (FLSA), and, to avoid minimum wage or overtime obligations, the employer bears the burden of proving...more
On March 27, 2018, President Donald Trump signed into law Congress’s $1.3 trillion, 2,232-page omnibus budget bill, the Consolidated Appropriations Act, 2018. ...more
4/12/2018
/ Consolidated Appropriations Act (CAA) ,
Department of Labor (DOL) ,
Deregulation ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Food Service Workers ,
Hospitality Industry ,
Minimum Wage ,
Regulatory Reform ,
Regulatory Standards ,
Restaurant Industry ,
Tip Credit ,
Tip-Pooling ,
Tipped Employees ,
Tips ,
Wage and Hour
The U.S. Department of Labor (DOL) has issued a proposed rule to rescind the Department’s position that employers must comply with tip-pooling requirements even when paying the full minimum wage. ...more
12/6/2017
/ Comment Period ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Food Service Workers ,
Franchises ,
Minimum Wage ,
NPRM ,
Restaurant Industry ,
Tip Credit ,
Tip-Pooling ,
Tipped Employees ,
Wage and Hour
The U.S. Department of Labor (DOL) has issued a proposed rule to rescind the Department’s position that employers must comply with tip-pooling requirements even when paying the full minimum wage. ...more
12/5/2017
/ Department of Labor (DOL) ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Food Service Workers ,
Franchises ,
Minimum Wage ,
NPRM ,
Public Comment ,
Restaurant Industry ,
Tip Credit ,
Tip-Pooling ,
Tipped Employees ,
Wage and Hour
The U.S. Court of Appeals for the Fifth Circuit concluded on June 14, 2016 that an employer may not deduct more than the actual credit card fees associated with liquidated credit card tips for employees without compromising...more
The U.S. Department of Labor (DOL) published the final rule revising the “white collar” overtime exemption regulations on May 18, 2016. This publication was the result of a process that began in March 2014 when President...more
On May 28, 2014, the Houston City Council passed the city's first ordinance to ban discrimination in private workplaces, and to expand the types of prohibited discrimination for employers subject to this ordinance, as noted...more