News & Analysis as of

Food Service Workers Minimum Wage

Littler

Michigan Supreme Court Clarifies Minimum Wage & Tipped Rates and Schedule for 2025 and Future Years

Littler on

On September 18, 2024, at the request of the State of Michigan and its attorney general, the Michigan Supreme Court clarified issues relating to future minimum wage rates and minimum cash wage rates for tip-credit employees...more

Whiteford

Employment Law Update: The Tip Credit is Back

Whiteford on

Hospitality employers take note – the Department of Labor’s (DOL) tip rule has been struck down. The tip credit is a provision of the Fair Labor Standards Act (“FLSA”) that allows employers to pay tipped employees a lower...more

Vedder Price

Fifth Circuit Strikes Down U.S. Department of Labor Tip Credit Rule

Vedder Price on

In a highly anticipated opinion, on August 23, 2024, the Fifth Circuit in Restaurant Law Center v. U.S. Department of Labor (Case No. 23-50562) struck down a Final Rule promulgated by the U.S. Department of Labor (DOL) that...more

Cole Schotz

Fifth Circuit Strikes Down the DOL Tip Credit Rule

Cole Schotz on

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 (“DOL”) December 2021 final rule that had set strict limits on...more

Benesch

Federal Court Strikes Down Tip Credit Rule Promulgated by the DOL

Benesch on

On August 23, 2024, the Fifth Circuit Court of Appeals struck down a final rule promulgated by the Department of Labor (“DOL”) restricting when employers could take a tip credit for tipped employees under the Fair Labor...more

Jackson Lewis P.C.

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

Jackson Lewis P.C. on

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

Seyfarth Shaw LLP

Argument Update: Fifth Circuit Panel Seems Poised to Vacate DOL’s 2021 80/20 Rule

Seyfarth Shaw LLP on

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

Weintraub Tobin

California Employment News: Overview of the Fast Food Minimum Wage Increase AB122

Weintraub Tobin on

Get an overview of AB 1228's intricacies and its impact on fast-food workers, from wage increases to exemptions. Tomiwa Aina and Nikki Mahmoudi continue the discussion on the fast-food minimum wage increase in this...more

Jackson Lewis P.C.

Labor Commissioner’s FAQ on Fast Food Minimum Wage

Jackson Lewis P.C. on

On April 1, 2024, the new fast-food minimum wage took effect. At the end of March, California’s Labor Commissioner issued an FAQ regarding the new minimum wage. It includes the following sections: •Overview of the Minimum...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

California Clarifies Fast Food Minimum Wage Law Taking Effect April 1; Governor OKs Stadium, Airport Worker Exemption

With California’s new $20-per-hour minimum wage for fast food workers set to take effect on April 1, 2024, the California Department of Industrial Relations (DIR) has updated its guidance regarding the new minimum wage law’s...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

2024 State and Major Locality Minimum Wage Updates

Almost half of the states, and several major localities, will increase their minimum wage rates in 2024, with a majority of the changes effective on January 1, 2024. The table below lists state and certain major locality...more

Polsinelli

State and Local Hourly Minimum Wage Rate Increases are “Coming to Town” on January 1, 2024

Polsinelli on

As 2023 comes to a close, employers should be aware of the hourly minimum wage rate increases set to take effect in various jurisdictions on January 1, 2024. 22 states and more than 40 local jurisdictions will ring in the New...more

Fox Rothschild LLP

California Repeals FAST Act, Approves New Fast-Food Industry Regulations

Fox Rothschild LLP on

California voters will no longer decide the fate of the controversial Fast Food Accountability and Standards Recovery Act (FAST Act), which was expected to significantly affect fast-food restaurants in the state, including...more

Jackson Lewis P.C.

With Increased New York Minimum Wage Come Modified Obligations Under State Wage Orders

Jackson Lewis P.C. on

The New York State Department of Labor (NYSDOL) has issued proposed regulations to align the state’s industry-specific wage requirements with the upcoming increases in the state minimum wage. In May 2023, Governor Kathy...more

CDF Labor Law LLP

California Reaches a Fast Food Compromise, Increasing Minimum Wage for Workers

CDF Labor Law LLP on

Last year, California Governor Gavin Newsom signed the FAST Food Accountability and Standards Recovery Act (AB 257), which sought to increase the California minimum wage to $22 per hour, with annual increases thereafter, and...more

Ervin Cohen & Jessup LLP

California Enacts Fast Food Bill with $20 Minimum Wage

Ervin Cohen & Jessup LLP on

After years of debate, and a looming referendum, a compromise between labor and business representatives has resulted in a final law regulating the fast-food industry. On September 28, 2023, California Governor Gavin Newsom...more

Seyfarth Shaw LLP

Governor Orders Extra Cheddar For Fast Food Employees

Seyfarth Shaw LLP on

Seyfarth Synopsis: California has increased the minimum wage of fast food workers to $20, and authorized the creation of the Fast Food Council comprised of representatives from labor and management to set minimum standards...more

FordHarrison

New California Employment Developments for 2024

FordHarrison on

Executive Summary: Employers should look forward to another round of changes to the Golden State’s employment standards this year, the most challenging of which will be addressing employee protections for off-premises...more

CDF Labor Law LLP

More Minimum Wage Increases Hitting California Employers Soon

CDF Labor Law LLP on

Effective January 1, 2024, the general statewide minimum wage will increase by .50 cents, bringing the hourly rate from $15.50 to $16.00.   Please also keep in mind that many (around 35-40) cities and counties in...more

Fox Rothschild LLP

NY DOL Issues Proposed Adjustments to the Tip Credit in Accordance with the Upcoming Increase in Minimum Wage

Fox Rothschild LLP on

Governor Kathy Hochul signed into law in May increases to New York’s minimum wage that will occur over the next few years. The first increase is set to take effect on January 1, 2024. Additional increases to the minimum wage...more

Sheppard Mullin Richter & Hampton LLP

Washington D.C. Attorney General Offers Guidance for Restaurant Employers Amidst Spike in Service Fees

In 2022, Washington D.C. voters passed Initiative 82, or the “District of Columbia Tip Credit Elimination Act,” which later became law in February 2023. As we previously reported, the law will gradually phase out the “tip...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

California Governor Signs Fast Food Industry Minimum Wage Law

On September 28, 2023, California Governor Gavin Newsom signed Assembly Bill (AB) No. 1228 into law, repealing the FAST Food Accountability and Standards Recovery Act (FAST Recovery Act) (AB 257) and replacing it with a...more

Lewitt Hackman

Hot Out of the Oven: Fast Food Council to Be Reinstated

Lewitt Hackman on

Download PDF Last year the California Legislature enacted Assembly Bill 257, with a declared purpose of improving the terms and conditions of employment of fast food workers who, according to the bill, “are the largest and...more

Ervin Cohen & Jessup LLP

Compromise Reached on FAST Act

On September 11, 2023, industry, government, and union representatives announced that they had reached a deal to remove a California referendum on the Fast Food Accountability and Standards (“FAST”) Recovery Act from the 2024...more

Fisher Phillips

California Legislature Prepared to Enact $20 Fast Food Minimum Wage to Avoid Showdown

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A deal between labor and business groups has just been struck that would remove a controversial referendum from the ballot, but will instead enact a $20 minimum wage for the California fast food industry. Employers will...more

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