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Fifth Circuit Vacates DOL’s 80/20/30 Rule for Tipped Employees

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

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

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

DOL Issues Proposed Regulations on Handling Tips and the “80/20 Rule”

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

Littler Lightbulb: Highlighting Five Trends in Hospitality

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

Full 9th Circuit Approves "20% Rule" for Tipped Employees

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

DOL Issues Proposed Rule to Rescind 2011 Regulations that Impose Tip-Sharing Restrictions on Employers that Pay the Full Federal...

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

DOL Issues Proposed Rule to Rescind 2011 Regulations that Impose Tip-Sharing Restrictions on Employers that Pay the Full Federal...

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

Fifth Circuit Declines to Broaden Permitted Deduction of Credit Card Fees from Tips

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

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