The Clash famously asked “Should I stay, or should I go?” on their 1982 album, Combat Rock, and with recent attacks on non-competes at both the state and federal level, some employers are imposing additional costs on...more
On March 23, 2023, Utah Governor Spencer Cox signed into law Senate Bill 73 (“SB 73”) expanding the group of employees eligible for tip pooling by allowing employers to include non-tipped employees in a bona fide tip pooling...more
In a provocative decision in the case known as Swales v. KLLM Transport Servs., L.L.C., No. 19-60847 (5th Cir. 2021), the U.S. Court of Appeals for the Fifth Circuit broke from the pack by upending the standard two-step...more
With the start of the New Year, new state and local minimum wage increases have gone into effect for non-exempt employees across the country.
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…With the start of the New Year, employers in the hospitality sector should prepare for new state- and local- minimum wage increases for their non-exempt employees. To help multi-jurisdictional employers easily navigate...more
1/3/2020
/ Employer Liability Issues ,
Hospitality Industry ,
Hotels ,
Labor Regulations ,
Local Ordinance ,
Minimum Wage ,
Non-Exempt Employees ,
State and Local Government ,
State Labor Laws ,
Wage and Hour ,
Wages
Rules relating to tip credit and pooling have resulted in significant debate among legislators, regulators, and the courts, leading to confusion, further litigation, and, in many cases, substantial liability or settlements...more
10/9/2019
/ Comment Period ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Food Service Workers ,
Hospitality Industry ,
Job Duties ,
Labor Regulations ,
Minimum Wage ,
New Guidance ,
Regulatory Reform ,
Regulatory Standards ,
Restaurant Industry ,
Tip Credit ,
Tip-Pooling ,
Tipped Employees ,
Tips ,
Wage and Hour
On September 10, 2019, the Appellate Division of the New York Supreme Court for the First Department ruled in Vega v. CM & Associates Construction Management, LLC that “manual workers” who receive full pay but are paid “late”...more
9/30/2019
/ Cause of Action Accrual ,
Civil Monetary Penalty ,
Corporate Counsel ,
Failure To Pay ,
Fair Labor Standards Act (FLSA) ,
Late Payments ,
Liquidated Damages ,
Minimum Wage ,
Non-Exempt Employees ,
Pleading Standards ,
Private Right of Action ,
Railroads ,
State Labor Departments ,
State Labor Laws ,
Underpayment ,
Unpaid Wages ,
Wage and Hour
Effective December 31, 2018, New York State’s salary basis threshold for exempt executive and administrative employees will increase again, as a part of amendments to the minimum wage orders put in place in 2016. Employers...more
On October 19, 2016, the New York State Department of Labor (“NYSDOL”) announced proposed amendments to the state’s minimum wage orders (“Proposed Amendments”) to increase the salary basis threshold for executive and...more
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
On February 24, 2015, New York State Acting Commissioner of Labor Mario J. Musolino issued an order (“Order”) increasing the subminimum cash wage for all tipped workers in the hospitality industry from the current $5.00...more