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
Effective March 7, 2022, New York City will lift the Key to NYC mandate requiring that anyone age 5 and older show proof of vaccination to enter indoor dining, fitness, entertainment and certain meeting spaces. Mayor Eric...more
New York City has made significant changes to its Key to NYC mandatory vaccination requirements for indoor dining, gyms and entertainment venues. As of December 14, 2021, children between the ages of five and eleven must show...more
12/15/2021
/ Coronavirus/COVID-19 ,
Entertainment Venues ,
Executive Orders ,
Immunization Records ,
Mayor de Blasio ,
Minor Children ,
New York ,
Reasonable Accommodation ,
Recordkeeping Requirements ,
Restaurant Industry ,
Vaccinations ,
Vaccine Passports
On November 23, 2021, the New York City Council passed a bill requiring certain employers to report unionization efforts amongst their employees when they receive funding from New York City (either directly or indirectly) to...more
New York City’s Key to NYC mandate for indoor dining, gyms and entertainment venues is now in effect. Below are the requirements of the mandate as set forth in the various Executive Orders that have been issued, as well as in...more
10/6/2021
/ Americans with Disabilities Act (ADA) ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Documentation ,
Entertainment Venues ,
Executive Orders ,
Fast-Food Industry ,
Food and Drug Administration (FDA) ,
Masks ,
New York ,
Pregnancy ,
Reasonable Accommodation ,
Recordkeeping Requirements ,
Religious Exemption ,
Restaurant Industry ,
Vaccinations ,
Vaccine Passports ,
World Health Organization
New York City Council has passed a package of six bills that together regulate nearly every aspect of the relationships between third-party food delivery services and their delivery workers within New York City. The bills,...more
Surprising no one, New York City again updated the requirements of the Key to NYC vaccination mandate for indoor dining, fitness and entertainment venues.
On August 25, 2021, Mayor Bill de Blasio issued Emergency...more
The New York City Commission on Human Rights has issued guidance for businesses on the accommodations they must provide employees and customers in response to New York City’s “Key to NYC” mandatory vaccination requirements...more
8/19/2021
/ Americans with Disabilities Act (ADA) ,
Coronavirus/COVID-19 ,
Entertainment Venues ,
Executive Orders ,
Human Rights ,
Leave of Absence ,
New York ,
Popular ,
Reasonable Accommodation ,
Religious Beliefs ,
Remote Working ,
Restaurant Industry ,
Vaccinations ,
Vaccine Passports
New York City has continued to update the “Key to NYC" requirements since the initial Executive Order was published August 16, 2021. After we released our prior alert discussing the “Key to NYC” mandatory vaccination...more
New York City Mayor Bill de Blasio issued an Executive Order on August 16, 2021 setting forth the requirements of the “Key to NYC” vaccine mandate that was announced earlier this month for indoor dining, gyms and...more
8/17/2021
/ Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Executive Orders ,
Food and Drug Administration (FDA) ,
Hospitality Industry ,
New York ,
Popular ,
Recordkeeping Requirements ,
Restaurant Industry ,
State and Local Government ,
Vaccinations ,
World Health Organization
Effective May 19, 2021, New York State will adopt the Center for Disease Control’s (CDC) Public Health Recommendations for Fully Vaccinated People (CDC Guidance). As Gov. Andrew Cuomo previously announced, the State on that...more
5/20/2021
/ Americans with Disabilities Act (ADA) ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Food and Drug Administration (FDA) ,
Governor Cuomo ,
Infectious Diseases ,
Masks ,
New Guidance ,
Public Transportation ,
Religious Exemption ,
Restaurant Industry ,
Social Distancing ,
State and Local Government ,
Vaccinations ,
Workplace Safety
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
On March 6, 2021, the Senate passed President Joe Biden’s $1.9 trillion COVID-19 relief package known as the American Rescue Plan (ARP), including a $28.6 billion fund to assist restaurants. The relief package now heads back...more
3/9/2021
/ Bernie Sanders ,
Business Closures ,
Business Expenses ,
Business Interruption ,
Coronavirus/COVID-19 ,
Federal Grants ,
Joe Biden ,
Minority-Owned Businesses ,
Paycheck Protection Program (PPP) ,
Relief Measures ,
Restaurant Industry ,
Veterans ,
Women-Owned Businesses
On December 17, 2020, New York City Council passed amendments to the Fair Work Practices chapter of the New York City Administrative Code, referred to as the “Fair Work Week Law,” that will significantly alter the...more
12/22/2020
/ At-Will Employment ,
Failure to Perform ,
Fair Workweek ,
Fast-Food Industry ,
Hiring & Firing ,
Just Cause ,
Layoffs ,
Restaurant Industry ,
Seniority ,
Wage and Hour ,
Work Schedules
On September 16, 2020, the New York City Council passed a law that would allow New York City restaurants to charge customers a 10% COVID-19 Recovery Charge to help businesses recover as they begin to reopen. The measure will...more
Governor Andrew Cuomo announced some long-anticipated and welcome news on September 9 for New York City restaurant owners—beginning on September 30, 2020, restaurants in New York City will be permitted to resume indoor dining...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, 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
Chicago’s Fair Workweek Ordinance imposes a sweeping, predictive scheduling obligation on employers to provide employees with advance notice of work schedules and pay employees “predictability pay” for late changes to an...more
8/5/2019
/ Collective Bargaining ,
Employee Rights ,
Employer Liability Issues ,
Fair Workweek ,
Healthcare Workers ,
Hospitality Industry ,
Local Ordinance ,
Manufacturers ,
Restaurant Industry ,
Retailers ,
Wage and Hour ,
Work Schedules
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
On May 24, 2017, the New York City Council passed a legislative package of five bills, known as the “Fair Work Week” legislation. On May 30, 2017, Mayor Bill de Blasio signed the legislative package into law. These new laws...more