As we approach the start of a new year, New York employers should prepare for several wage-related adjustments that will take place on Jan. 1, 2025. Along with an increase to the state’s hourly minimum wage rates, there are...more
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
8/29/2024
/ Administrative Procedure Act ,
Arbitrary and Capricious ,
Department of Labor (DOL) ,
Fair Labor Standards Act (FLSA) ,
Job Duties ,
Loper Bright Enterprises v Raimondo ,
Minimum Wage ,
Restaurant Industry ,
Statutory Interpretation ,
Tip Credit ,
Tipped Employees ,
Tips ,
Wage and Hour
As explained in our previous alert, in October 2023, after Gov. Kathy Hochul signed into law increases to New York’s minimum wage, the New York State Department of Labor (NY DOL) issued proposed changes to the tip credit,...more
12/28/2023
/ Exempt-Employees ,
Minimum Wage ,
New York ,
NYDOL ,
Over-Time ,
Rate of Pay ,
State Labor Laws ,
Tip Credit ,
Tipped Employees ,
Uniforms ,
Wage and Hour
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
As part of the state’s 2023-2024 budget deal, Gov. Kathy Hochul signed into law an increase to New York’s minimum wage. In fact, the minimum wage will increase to $17.00 per hour for most New York State employers by Jan. 1,...more
Washington, D.C. voters have approved an initiative that will gradually phase out the tip credit in the District. Known as the Increase Minimum Wage for Tipped Employees Measure, Initiative 82 passed on November 9, 2022 and...more
On November 1, 2022, all New York City employers with four or more employees and employment agencies of all sizes must state the salary range or rate of pay when advertising a job, promotion or transfer opportunity. A similar...more
On Labor Day, with support from prominent unions, California Gov. Gavin Newsom signed the Fast Food Accountability and Standards Recovery Act (FAST Recovery Act), which will significantly affect fast-food restaurants in the...more
9/14/2022
/ Fast-Food Industry ,
Food Service Workers ,
Franchisee ,
Franchises ,
Franchisors ,
Governor Newsom ,
Minimum Wage ,
Referendums ,
State Labor Laws ,
Wage and Hour ,
Wages ,
Workplace Safety
On June 21, 2021, the U.S. Department of Labor (DOL) announced proposed rules setting forth new tip regulations under the Fair Labor Standards Act (FLSA).
These new rules would reinstate the so-called “80/20” rule under...more
More bad news for New York City’s fast food employers. The Supreme Court of the State of New York, Appellate Division, First Department has upheld New York City’s Fair Workweek Law in a decision that rejects a challenge from...more
4/27/2021
/ Appellate Courts ,
Fair Workweek ,
Fast-Food Industry ,
Franchises ,
International Franchise Association (IFA) ,
Minimum Wage ,
NY Supreme Court ,
Premium Pay ,
Restaurant Industry ,
Retailers ,
State Labor Laws
As we approach the end of the year, it is critical to remember and implement the new legal requirements that go into effect in New York on December 31, 2020 and shortly thereafter. Failure to comply with these requirements...more
12/15/2020
/ Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Fast-Food Industry ,
Food Service Workers ,
Hospitality Industry ,
Minimum Wage ,
New York ,
Paid Sick Leave Act ,
Rate of Pay ,
Sick Leave ,
State Labor Laws ,
Tipped Employees ,
Uniforms ,
Wage and Hour ,
Wages
As we approach the end of the year, it is critical to remember and implement some of the new legal requirements that go into effect in New York on December 31, 2019. Failure to comply with these requirements could subject an...more
The U.S. Department of Labor has proposed a new rule to allow employers who do not take a tip credit to establish “nontraditional” tip pools that include back-of-the-house employees and others who are not traditionally...more
Joining a trend sweeping the country, Connecticut lawmakers passed a bill that introduces a schedule to increase the minimum wage to $15 per hour by June 2023.
Gov. Ned Lamont signed the bill this morning, and employers...more
The Washington State Department of Labor and Industries (DLI) recently issued enforcement guidance concerning tips and services charges under the State’s Minimum Wage Act. The guidance confirms existing law and clarifies the...more
Employers in Washington DC now face a comprehensive set of new training, notice, and reporting obligations ranging from wage and hour matters to sexual harassment issues.
The Tipped Wage Workers Fairness Amendment Act of...more
As we approach the end of the year, it is critical to remember and implement some of the new legal requirements that go into effect in New York on December 31, 2018. Failure to comply with these requirements could subject an...more
A federal appeals court has endorsed the U.S. Department of Labor’s (DOL) 80/20 Rule, which limits the ability of employers to take a tip credit towards their minimum wage obligations to tipped employees under the Fair Labor...more
9/25/2018
/ Department of Labor (DOL) ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Food Service Workers ,
Hospitality Industry ,
Minimum Wage ,
Restaurant Industry ,
Tip Credit ,
Tipped Employees ,
Tips ,
Wage and Hour
On June 19, 2018, in a referendum known as Initiative 77, residents of the District of Columbia voted to eliminate the tip credit under city law. As a result, the tip credit in Washington, DC will be gradually phased out over...more
As we approach the end of the year, it is critical to remember and implement new legal requirements that go into effect on December 31, 2017. Failure to comply with these requirements could subject an uninformed employer to...more
Recently, the United States Department of Labor (USDOL) announced that it would begin the process of revoking an Obama-era regulation that restricted which employees could participate in a tip pool. While the revocation of...more