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Fifth Circuit Strikes Down DOL Tip Credit Rule: What It Means for Employers

In a long-awaited decision, the Department of Labor (DOL) regulation setting strict limits on the amount of time that tipped employees can spend performing work that does not directly generate tips has been struck down by the...more

Labor Department Publishes Restaurant, Retail Guidance on Compliance With PUMP Act

The Department of Labor (DOL) Wage and Hour Division (WHD) is in the process of publishing industry-specific guidance for compliance with the 2022 Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act). The...more

Restaurant Associations’ Effort to Invalidate DOL’s ‘Dual Jobs’ Rule Rejected by Texas Federal Court

The “Dual Jobs” Final Rule, which regulates when employers may take a tip credit under the Fair Labor Standards Act (FLSA), is a valid and reasonable exercise of the Department of Labor’s (DOL) authority, a federal district...more

‘Tester’ Needs Standing to Sue Under ADA, Jackson Lewis Says in Amicus Brief to U.S. Supreme Court

Self-appointed “testers” need to establish their legal right to sue under the Americans With Disabilities Act (ADA) by showing a concrete and particularized injury, Jackson Lewis attorneys wrote in an amicus brief submitted...more

Approaching Hybrid Work Policies: What Real Estate Employers Should Consider

As the COVID-19 pandemic subsides and white-collar employees are finally heading back to their offices, the real estate industry, like other industries employing large numbers of white-collar employee, will face pressures...more

Restaurant Rebound: How Employers Can Build and Keep Top-Notch Service Teams [Audio]

The restaurant industry continues its slow, but steady recovery from the impacts of COVID-19. One of the most critical issues facing employers is attracting and retaining talent in the face of increasing difficulties to do...more

OSHA Targets Restaurant Industries For COVID-19 Inspections

Restaurants should be on higher alert for potential inspections from the Occupational Safety and Health Administration (OSHA) in light of the agency’s recent Updated Interim Enforcement Response Plan for COVID-19 and National...more

Hospitality Industry In 2021: Bringing Employees Back To Work During COVID-19 Pandemic

With COVID-19 vaccinations rolling out across the country, loosening restrictions on operations, increased demand, and other signs of recovery in the industry, hospitality employers are poised to expand their workforces. This...more

Building a More Empathetic Workplace  [Audio]

As a result of COVID-19, large numbers of women are leaving the workplace — reducing hours or taking on less responsibility in order to balance the tension between employee and caregiver. This episode of We get work™...more

Restaurant Workers Qualify For Vaccines In Some States; May Qualify In Others Soon

COVID-19 vaccinations are front of mind for restaurant employers looking to return to “normal” in what has been a hard year for the industry. The potential for employee vaccination comes with many questions. Adding to the...more

Restaurant Industry In 2021 Series: Tips

Restauranteurs continue to be challenged by the mandated closures and limitations on operations because of the COVID-19 pandemic. Nevertheless, the industry may be facing new legal challenges in 2021 as this sector’s economic...more

What Real Estate Industry Owners, Operators Can Expect From NLRB And DOL Under Biden Administration

The concept of “joint employment” is an important workplace legal issue and often arises in the real estate industry because industry employers want to avoid liability for another business’s employees’ legal claims. The risk...more

New York City Enacts Legislation Expanding New York City’s Fair Workweek Law

On January 5, 2021, New York City Mayor Bill de Blasio signed into law two pieces of legislation passed by the New York City Council, Int. No. 1415-A and Int. No 1396-A, that, when effective in early July 2021, will impose...more

Labor Department Issues Final Rule On Tip Pooling Amendments, Elimination Of ‘20%’ Dual Jobs Rule

The U.S. Department of Labor (DOL) has issued its long-awaited Final Rule addressing who may share tips under the Fair Labor Standards Act (FLSA) and the circumstances under which employers may use a tip credit. The Final...more

New York City Council Passes Legislation Expanding New York City’s Fair Workweek Law

The New York City Council has passed two bills, Int. No. 1415-A and Int. No 1396-A, that, when enacted and effective, will impose significant obligations on covered New York City fast food industry employers. These bills...more

As 2020 Winds Down, Keep Your Guard Up! [Audio]

The business world is looking to breathe a collective sigh of relief about getting to the end of 2020. But employers have to stay focused—year-end parties, performance evaluations, compensation and bonus structures all look...more

The Virtual Workplace: Keeping it Clean (Literally and Figuratively) [Audio]

The virtual workplace has blurred the line between our personal and professional spaces — but the behavior that constitutes harassment in the workplace remains the same. Comfortably sitting in our home office does not mean we...more

Politics at Work  [Audio]

In 2020, politics permeates the workplace. Employers should anticipate election-related issues regardless of whether their workplace is open, remains virtual or falls somewhere in between. Striking a balance between the...more

Options For Enticing Workers To Return From Unemployment After COVID-19 Shutdowns

Being able to compete with the dramatically expanded unemployment benefits some workers are receiving from the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) may be a hurdle for many employers when states...more

New York High Court Upholds State Labor Department Interpretation Of ‘Live-In’ Home Health Employee Rule

The New York Department of Labor’s (NYDOL) longstanding interpretation of its wage order as applied to the work hours of non-residential employees performing 24-hour (so-called “sleep-in” or “live-in”) shifts has been upheld...more

New York City Council Seeks Further Protections For Fast Food Industry Workers

The New York City Council introduced two bills to extend protections from workplace terminations to fast food employees. These two bills (Intro 1396 and Intro 1415) are the latest in a series of legislative actions by the...more

Temporary Schedule Change Amendments To New York City Fair Workweek Law Effective July 18

Starting on July 18, 2018, New York City employers are required to provide two temporary schedule changes to employees each calendar year for “personal events.” The law also protects employees from retaliation for making...more

New York Rings In New Year With Wage & Hour Presents: A Preview Of Upcoming Changes

While the federal minimum wage for non-exempt employees has remained unchanged at $7.25 per hour since 2009, and the federal salary level for exempt employees has been stymied in litigation and rulemaking since 2014, New York...more

Second Circuit To Decide Whether Court Approval Of FLSA Settlements Applies To Accepted Offers Of Judgment

Seeking to resolve a split among the district courts in the Second Circuit, the Court of Appeals has accepted an interlocutory appeal to decide whether, in resolving cases involving FLSA claims, offers of judgment under Rule...more

DOL’s “80/20” Tip Credit Rule Entitled To No Deference, Ninth Circuit Holds, Creating Circuit Split

Finding it wholly inconsistent with the statute and the regulation it purports to interpret, the Ninth Circuit has held invalid the United States Department of Labor’s “80/20” tip credit rule, or “20% Rule,” which limits the...more

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