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
9/10/2024
/ Chevron Deference ,
Department of Labor (DOL) ,
Fair Labor Standards Act (FLSA) ,
Loper Bright Enterprises v Raimondo ,
Minimum Wage ,
Regulatory Authority ,
Regulatory History ,
Statutory Interpretation ,
Tip Credit ,
Tipped Employees ,
Tips ,
Wage and Hour
Entrepreneurs with sound business ideas commonly make decisions that hinder early growth and capitalization. During the “Romance Phase,” the idea for a new product or service is fully developed, the initial team of talent is...more
3/4/2024
/ Capital Raising ,
Deferred Compensation ,
Early Stage Companies ,
Entrepreneurs ,
Equity Compensation ,
Independent Contractors ,
Private Equity ,
Startups ,
Stock Options ,
Strategic Planning ,
Unpaid Interns ,
Venture Capital ,
Wage and Hour
Currently, workers are protected from discrimination based on pregnancy, childbirth or related medical conditions under the Pregnancy Discrimination Act of 1978 (PDA), which amended Title VII of the Civil Rights Act of 1964....more
On June 2, 2022, the Florida governor signed the Freedom First budget for State Fiscal Year 2022-2023 (the Law), which provided over $600 million in funding to the Agency for Health Care Administration (the Agency)...more
Florida Gov. Ron DeSantis signed a new law (the “Act”) designed to – as DeSantis put it – protect Floridians from losing their jobs due to COVID-19 vaccine mandates. Private employers of all sizes are prohibited from...more
On Sept. 9, 2021, President Biden announced his COVID-19 Action Plan – “Path Out of the Pandemic.” As part of this plan, the Centers for Medicare & Medicaid Services (CMS) was directed to issue emergency regulations requiring...more
On Friday, the U.S. Department of Labor (DOL) published its Final Rule governing tipped employees. The DOL kept the sweeping changes to the regulation of employees paid using a tip credit wage, which it introduced this past...more
“Drip, drip, drip” is the best description of the Biden administration’s staggered attack on the 2020 Tip Final Rule through delays, withdrawals, amendments and notice of proposed rulemaking (NPRM). The latest action by the...more
The battle over whether – and for how long – tipped workers may lawfully spend time performing “non-tipped” tasks continues to rage. On Wednesday, the Eleventh Circuit Court of Appeals delivered a ruling rejecting the 2018...more
The U.S. Department of Labor (DOL) published its Notice of Proposed Rule Making (NPRM) regarding tipped employees. Rejecting the Trump administration’s proposed rules governing tip-credit employees performing non-tipped...more
The U.S. Department of Labor (DOL) this week announced the timing for implementation of its much-awaited Final Rule controlling which employees can participate in a mandatory tip pool and changes to the “80/20” rule. The...more
This week, the Department of Labor’s Wage and Hour Division (DOL) issued four opinion letters addressing a range of wage and hour issues including application of the fluctuating workweek payment method, pay methods for...more
As my 11-year-old begs to borrow my mobile device to catch a Pokémon, I become one more Generation X member unwittingly joining the millions of millennials participating in an augmented reality game. For employers, Pokémon...more