News & Analysis as of

Tip Credit

The Tenth Circuit Takes the DOL Tipping Rule Off the Menu

by Seyfarth Shaw LLP on

Seyfarth Synopsis: An unpopular DOL regulation that prohibits employers from retaining customer tips received another blow this summer. The Tenth Circuit joined the Fourth Circuit and several district courts in holding that...more

Under the Dome: Inside the Maine State House

by Pierce Atwood LLP on

State Budget Down to the Wire - At publication time on this last day of June 2017, the Maine Legislature had yet to enact a budget for the biennium that starts at midnight tonight. Last week, the Legislature was presented...more

Valet Driver's FLSA Tip Claim Fails

by Fisher Phillips on

In a welcome decision for employers, the Eleventh Circuit U.S. Court of Appeals (having jurisdiction over Alabama, Florida, and Georgia) recently ruled that a tipped employee for whom no federal Fair Labor Standards Act "tip...more

Under the Dome: Inside the Maine State House

by Pierce Atwood LLP on

Under the Dome: Inside the Maine State House provides a high-level overview of recent activity at the Maine State House. Spokesperson Says Governor Paul LePage Will Not Seek Senator King’s U.S. Senate Seat - A...more

Restaurants: Do your employees know that you take the tip credit?

by Franczek Radelet P.C. on

If not, you might have a problem. In 2011, the U.S. DOL published a regulation mandating that restaurants who count tips toward the minimum wage as permitted under the Fair Labor Standards Act have to notify employees...more

Employment Law Letter - Spring 2017

by Shipman & Goodwin LLP on

Some time ago, the U.S. Department of Labor announced a focus on what it saw as a workplace trend, namely the characterization of people performing functions that are an integral part of the employer’s business (not plumbers...more

Under the Dome: Inside the Maine State House

by Pierce Atwood LLP on

Hundreds of Restaurant Owners and Servers Turn Out in Augusta for Hearings on Tip Credit and Minimum Wage - Hundreds of Maine restaurant servers and business owners appeared in Augusta on Wednesday, April 5 to testify...more

Following Maine's Minimum Wage & Tip Credit: An Update for Employers

by PretiFlaherty on

The evolution of Maine wage payment laws continues apace, and a raft of legislative bills are currently undergoing scrutiny in Augusta. Back in November, Maine voters increased the state minimum wage to $9 per hour and...more

Tip Pooling by Restaurant Owners-Remains in Flux

by Goulston & Storrs PC on

Restaurant owners with tipped employees should take note of several recent court cases which may affect their ability to cause restaurant employees to participate in “tip pooling,” particularly in instances where...more

Tip Credit Does Not Apply to Delivery Drivers Declares Connecticut Supreme Court

In a decision released on April 4, 2017, the Connecticut Supreme Court found that employers cannot take advantage of a “tip credit” for delivery drivers in order to meet the state minimum wage. The case, Amaral Brothers,...more

Connecticut Supreme Court Holds Restaurant-Employer May Not Use ‘Tip Credit’ for Delivery Drivers

by Jackson Lewis P.C. on

Finding the Connecticut Department of Labor regulations on tip credit are “not incompatible” with the state tip credit law, the Connecticut Supreme Court has ruled that an employer’s pizza delivery drivers are not subject to...more

Don’t Be Stingy With Tip Credit Notification . . .

by Nexsen Pruet, PLLC on

This week, our Charleston office held its Legal Grounds coffee break.  The Legal Grounds event provides an opportunity for managers, owners, and human resources personnel in the food and beverage and hospitality industries to...more

Don’t Be Stingy With Tip Credit Notification...

by Nexsen Pruet, PLLC on

This week, our Charleston office held its Legal Grounds coffee break. The Legal Grounds event provides an opportunity for managers, owners, and human resources personnel in the food and beverage and hospitality industries to...more

BREAKING: Connecticut Supreme Court Rules Restaurant Cannot Apply Tip Credit to Pizza Delivery Drivers

by Shipman & Goodwin LLP on

The Connecticut Supreme Court, in a unanimous decision that will be officially released April 4, 2017, has ruled that employers may not use the “tip credit” for pizza delivery drivers and therefore, the employees must be paid...more

Scaling The Wall Of Conflicting "Tip Credit" Provisions

by Fisher Phillips on

We've all struggled with what to do when we're given conflicting orders. Grandma says "have some pudding," and Pink Floyd's Roger Waters responds, "how can you have any pudding if you don't eat your meat?!" Employers are...more

New York Adopts Revised Wage Regulations Effective December 31, 2016

The New York State Department of Labor (NYSDOL) recently proposed amended regulations that would significantly alter the salary levels for some executive and administrative exempt employees, as well as alter the permitted tip...more

The Rising Minimum Wages and Tip Credits for 2017: An Overview

Effective January 1, 2017, 29 states plus the District of Columbia will have minimum wage rates that are above the federal minimum wage rate of $7.25 per hour. The District of Columbia will continue to have, as it did last...more

Under the Dome: Inside the Maine State House

by Pierce Atwood LLP on

Under the Dome: Inside the Maine State House provides a high-level overview of recent activity at the Maine State House. New Legislature Sworn In, Governor Shares Initial Priorities - On Wednesday, December 7,...more

New York State Department of Labor to Update Existing Minimum Wage Orders

As New York employers prepare for the December 1, 2016, implementation of the revised Fair Labor Standards Act (FLSA) overtime regulations, they should be aware of proposed regulations by the New York State Department of...more

Five Critical Wage and Hour Issues Impacting Employers

by Epstein Becker & Green on

It is no secret that the wage and hour requirements found in the myriad of federal, state, and local laws and regulations present unique challenges to employers across the country. Those challenges are further complicated by...more

Federal Appeals Court Refuses To Reinstate Tip-Pooling Policies - Labor Regulation Banning Such Policies Upheld By 9th Circuit...

by Fisher Phillips on

Restaurants and other hospitality businesses in the Western U.S. received bad news late yesterday as a federal appeals court refused to strike down a controversial tip-pooling regulation. The U.S. Department of Labor’s...more

Federal Court In Florida Is Latest To Reject DOL Regulation, Finds FLSA Does Not Require That Employees Receiving Full Minimum...

by Jackson Lewis P.C. on

While Department of Labor regulations interpreting the FLSA remain the primary source of employer guidance regarding the Act’s requirements, they are not necessarily the final word on what federal wage law requires. This is...more

Employers Must Comply with DOL's Updated Posting Requirements

by Holland & Knight LLP on

The Department of Labor (DOL) issued on July 27, 2016, regulations that require covered employers to update their Fair Labor Standards Act (FLSA) Minimum Wage posters and their federal Employee Polygraph Protection Act (EPPA)...more

Another Federal Court Thinks the DOL Is Out to Lunch On Tip Credit Rule

by Seyfarth Shaw LLP on

Seyfarth Synopsis: New decision from Northern District of Georgia rejects the DOL’s interpretation of the FLSA tip credit law. Holds that the FLSA does not regulate tips received by employees who are paid at least minimum...more

Seventh Circuit Serves Up Employer-Friendly Recipe For Compensating Tipped Employees

by Seyfarth Shaw LLP on

Many employers, particularly in the hospitality industry, pay tipped employees less than the minimum wage. They do so anticipating that tipped employees will receive tips from customers that push employees’ income above...more

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