Many employers are planning to reclassify employees to non-exempt status now that the Labor Department is significantly raising the salary threshold for employees to be exempt from overtime pay. You likely know that...more
Last week’s news that the Labor Department is proposing a hefty increase to the weekly salary requirement to qualify employees for the overtime exemption has put the spotlight on how much you pay your employees – but that...more
9/6/2023
/ Department of Labor (DOL) ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Human Resources Professionals ,
Job Duties ,
Minimum Salary ,
Over-Time ,
Poor Job Performance ,
Proposed Rules ,
Wage and Hour ,
White-Collar Exemptions
Employers in the hospitality industry have been through it all in recent years – from the devastation of the pandemic to ongoing labor shortages to an impending recession. These challenges and dramatic changes have surely...more
1/19/2023
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Employer Liability Issues ,
Hospitality Industry ,
Managers ,
Over-Time ,
Rate of Pay ,
Rest and Meal Break ,
Salaried Employees ,
Service Charges ,
Supervisors ,
Tip Credit ,
Tip-Pooling ,
Tipped Employees ,
Tips ,
Unpaid Overtime ,
Wage and Hour
Employers in the restaurant and hospitality industries know it’s a common practice to ask workers to share gratuities. Tip pools can promote teamwork and a better customer experience – but they can also land you in hot water...more
5/19/2022
/ Department of Labor (DOL) ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Hospitality Industry ,
Minimum Wage ,
Over-Time ,
Restaurant Industry ,
Tip Credit ,
Tip-Pooling ,
Tipped Employees ,
Tips ,
Wage & Hour Division (WHD) ,
Wage and Hour
Hospitality employers who utilize the “tip credit” under federal wage and hour law may feel as if they operate with a bullseye on their backs given the multi-prong assault underway against the practice. Not only are you in...more
Two recent opinion letters from the U.S Department of Labor (USDOL) examine the contours of the federal Fair Labor Standards Act’s (FLSA) “outside salesman” exemption, which exempts covered employees from the FLSA’s minimum...more
Hotel and restaurant employers commonly require employees to wear uniforms, some as simple as a shirt with company logo, others requiring a more complete look: jacket or blouse and pants or skirt, or dress. Some employers,...more
6/11/2019
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Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Hospitality Industry ,
Minimum Wage ,
Non-Exempt Employees ,
Over-Time ,
Payroll Deductions ,
Restaurant Industry ,
Statutory Violations ,
Wage and Hour
The USDOL has continued to plow through its regulator agenda. Yesterday it released its proposed guidance regarding the "regular rate" for purposes of calculating FLSA overtime pay. The NPRM is intended to update and clarify...more
The federal Fair Labor Standards Act (FLSA) establishes minimum wage and overtime requirements, period. The FLSA does not explicitly require that employers cover all work-related costs, nor, does it do so by specifically...more
The U.S. House of Representatives will consider amending the federal Fair Labor Standards Act to permit private-sector employers to offer compensatory time off in lieu of monetary overtime compensation. The fast-tracked...more
It might sometimes seem from the parade of headline-grabbing, employee-favoring court decisions that employers are destined to lose in so-called "off-the-clock" cases under the federal Fair Labor Standards Act....more