News & Analysis as of

Wage and Hour Minimum Wage

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

UK Retail Workers Win Landmark Equal Pay Case

More than 3,500 workers have won a legal fight for equal pay against major UK retailer Next Retail Ltd. Following a six-year legal battle, the Employment Tribunal ruled that Next had failed to demonstrate that the lower basic...more

Bond Schoeneck & King PLLC

Manufacturing in the Upstate NY Tech Corridor Employment Laws that are Unique to New York Part 1

For manufacturers and suppliers expanding their operations into New York State for the first time, there are a myriad of legal idiosyncrasies to navigate. Businesses must proactively identify areas in which a different...more

Fisher Phillips

Florida’s Minimum Wage Will Rise Again on September 30: What Employers Need to Know and What You Should Do Next

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Florida’s minimum wage will rise yet again on September 30, jumping to $13/hour (and to $9.98 for tipped workers) as part of a series of scheduled increases approved by voters in 2020. While employers across the Sunshine...more

Bowditch & Dewey

Tip Credits – Striking Down the Federal Rule & Massachusetts Ballot Question

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On August 23, 2024, the United States Court of Appeals for the Fifth Circuit struck down the Department of Labor’s (“DOL”) 80/20/30 Rule, which set parameters for how employers can use tip credits under the Fair Labor...more

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

Employment Law Landscape Could Change After Election

When presidential administrations change, it’s common to see significant shifts in policy via new regulations, executive orders, different interpretations of federal laws, and changes to enforcement priorities, budgeting, and...more

BakerHostetler

Tipped Occupations: Is the 80/20 Rule Dead? That’s a Geography Question!

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On August 23, 2024, in Restaurant Law Center v. DOL, the Fifth Circuit vacated the Department of Labor’s (DOL) final rule concerning tipped employees. Citing the Supreme Court’s recent decision in Loper Bright v. Raimondo,...more

Littler

Littler Lightbulb: August Appellate Roundup

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This Littler Lightbulb highlights some of the more significant employment law developments in federal courts of appeal in the last month. Fifth Circuit Vacates DOL Tip Credit Rule...more

Stokes Wagner

Fifth Circuit Eliminates 80/20/30 Tip Credit Rule

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The U.S. Court of Appeals for the Fifth Circuit (Texas, Louisiana, and Mississippi) has struck down the Department of Labor’s “80/20/30 Rule,” which had set guidelines for how tipped employees are compensated under the Fair...more

Baker Donelson

Tipped Over: Fifth Circuit Vacates the DOL's Rule for Tipped Employees

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The United States Court of Appeals for the Fifth Circuit issued a ruling on August 23, 2024, vacating a 2021 Final Rule of the Department of Labor (DOL), which limited the circumstances under which employers can claim a "tip...more

Perkins Coie

California’s Prop 32 Would Increase California’s Minimum Wage to $18 Per Hour by 2026

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In November 2024, California voters will decide whether to raise the minimum wage to $18 per hour by 2026 for all employers. Under existing law, California’s minimum wage is $16 per hour for all employers. The ballot...more

Amundsen Davis LLC

National State Employment Law Update

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Several changes impacting employers in jurisdictions across the nation are summarized in our latest blog post. California - Effective July 1, 2024- On July 1, 2024, Governor Newsom signed Assembly Bill 2288 (A.B. 2288)...more

Fisher Phillips

How Will the Election and Recent Legislative Trends Impact Tipped Wages? 4 Developments for Hospitality Employers to Watch

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There’s been a lot of buzz about tipped wages as Election Day approaches – and hospitality employers will want to track key proposals that may have a huge impact on pay practices. Former President Trump and Vice President...more

Fisher Phillips

Workplace Law Update: 10 Essential Items on Your September To-Do List

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It’s hard to keep up with all the recent changes to labor and employment law, especially since the law always seems to evolve at a rapid pace. In order to ensure you stay on top of the latest changes and have an action plan...more

Whiteford

Employment Law Update: The Tip Credit is Back

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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

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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

Fox Rothschild LLP

5th Circuit Vacates DOL’s Federal 80/20/30 Tip Credit Rule

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The U.S. Court of Appeals for the 5th Circuit recently vacated the U.S. Department of Labor’s (DOL) latest provisions of its Tip Regulations Under the Fair Labor Standards Act, colloquially known as the 80/20/30 Rule through...more

Constangy, Brooks, Smith & Prophete, LLP

Fifth Circuit vacates DOL regs regarding tipped employees

On Friday, August 23, a three-judge panel of the U.S. Court of Appeals for the Fifth Circuit vacated a Final Rule issued by the U.S. Department of Labor that sought to restrict when employers could claim a “tip credit” under...more

Bradley Arant Boult Cummings LLP

Tipped Out? 5th Circuit Negates DOL Tip Credit Rule

How the FLSA “tip credit” is applied has been pushed and pulled numerous times over the last two decades. In the latest volley, the Fifth Circuit entered an order on August 23, 2024, vacating the Department of Labor’s 2021...more

Lewitt Hackman

California Increases State Minimum Wage (UPDATED)

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The State of California’s minimum wage is set to increase to $16.50 per hour (an increase of $0.50 from the current minimum wage of $16.00), on January 1, 2025. The state minimum wage will apply to all employers, regardless...more

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

Ding Dong, the Federal 80/20 and 30-Minute Tip Rule Is Dead

On August 23, 2024, the Fifth Circuit Court of Appeals released its long-awaited opinion in Restaurant Law Center v. United States Department of Labor and invalidated the 2021 final tip rule issued by the U.S. Department of...more

Vedder Price

Colorado Supreme Court To Decide What Limitations Period Applies To Colorado Minimum Wage Act Claims

Vedder Price on

On August 19, 2024, the Colorado Supreme Court announced that it will decide what statute of limitations applies to claims brought under the Colorado Minimum Wage Act – the Colorado Wage Claim Act ’s two or three-year statute...more

Roetzel & Andress

U.S. Court of Appeals Throws Out and Simplifies Federal Tip Credit Rule

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For a generation, one of the most contested FLSA issues was when employers could pay subminimum wages to tipped employees. During Republican administrations, the U.S. Department of Labor issued business-friendly tip-credit...more

Jackson Lewis P.C.

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

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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

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