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
9/3/2024
/ Ballot Measures ,
Department of Labor (DOL) ,
Federal Labor Laws ,
Hospitality Industry ,
Income Taxes ,
Legislative Agendas ,
Minimum Wage ,
Proposed Legislation ,
Restaurant Industry ,
Service Charges ,
State Labor Laws ,
Tax Credits ,
Tip Credit ,
Tip-Pooling ,
Tipped Employees ,
Tips ,
Wage and Hour
A federal appeals court just delivered some good news to hospitality employers by blocking the Department of Labor’s infamous 80/20/30 rule, providing immediate relief to employers around the country by vacating the...more
8/26/2024
/ Administrative Procedure Act ,
Appeals ,
Arbitrary and Capricious ,
Department of Labor (DOL) ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Hospitality Industry ,
Minimum Wage ,
Tip Credit ,
Tipped Employees ,
Tips ,
Wage & Hour Division (WHD) ,
Wage and Hour
Many employers are planning to reclassify employees to non-exempt status now that the Labor Department is significantly raising the salary threshold for employees to be exempt from overtime pay. You likely know that...more
Many restaurants utilize tip pools to encourage teamwork, consistency, and customer-focused service – but you may be confused about who can and can’t participate in the pool. You feel confident that your servers and...more
5/17/2024
/ Department of Labor (DOL) ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Hospitality Industry ,
Minimum Wage ,
Restaurant Industry ,
Tip Credit ,
Tip-Pooling ,
Tipped Employees ,
Tips ,
Wage and Hour
Hotel staff often include a mix of tipped and non-tipped jobs, but following wage and hour rules isn’t always easy, particularly if employees perform a variety of tasks. Some workers — such as servers and bartenders — may...more
9/13/2023
/ Department of Labor (DOL) ,
Fair Labor Standards Act (FLSA) ,
Hospitality Industry ,
Hotels ,
Minimum Wage ,
Tip Credit ,
Tip-Pooling ,
Tipped Employees ,
Tips ,
Wage & Hour Division (WHD) ,
Wage and Hour
Last week’s news that the Labor Department is proposing a hefty increase to the weekly salary requirement to qualify employees for the overtime exemption has put the spotlight on how much you pay your employees – but that...more
9/6/2023
/ Department of Labor (DOL) ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Human Resources Professionals ,
Job Duties ,
Minimum Salary ,
Over-Time ,
Poor Job Performance ,
Proposed Rules ,
Wage and Hour ,
White-Collar Exemptions
A federal court just refused to block the U.S. Department of Labor’s infamous 80/20 rule, which applies to employers that take the tip credit toward their minimum wage obligation under federal wage and hour law – which means...more
An appeals court just raised the bar for employees seeking to notify other potential plaintiffs about collective wage and hour claims under federal law. Employees may bring such claims under the Fair Labor Standards Act on...more
Do you utilize a tip pool in your restaurant? If so, you are likely aware of the various rules on maintaining a valid, lawful tip pool under the federal Fair Labor Standards Act (FLSA) and applicable state laws. You surely...more
A federal appeals court just ruled that paid time off (PTO) is not a part of an employee’s salary under federal wage and hour law, shutting down an inventive attempt by plaintiffs’ attorneys to find a new way to assert wage...more
More than a year after the US Department of Labor announced the return of the time-keeping nightmare that is the 80/20 rule with new tweaks that encourage even more litigation, the agency just released new guidance that...more
Employers in the hospitality industry have been through it all in recent years – from the devastation of the pandemic to ongoing labor shortages to an impending recession. These challenges and dramatic changes have surely...more
1/19/2023
/ Bonuses ,
Employer Liability Issues ,
Hospitality Industry ,
Managers ,
Over-Time ,
Rate of Pay ,
Rest and Meal Break ,
Salaried Employees ,
Service Charges ,
Supervisors ,
Tip Credit ,
Tip-Pooling ,
Tipped Employees ,
Tips ,
Unpaid Overtime ,
Wage and Hour
Restaurants’ reliance on food delivery apps soared during the pandemic because they provide a convenient way for customers to order from local restaurants and an easy solution for processing restaurant payments and sourcing...more
10/4/2022
/ Delivery Drivers ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Minimum Wage ,
Mobile Apps ,
Restaurant Industry ,
Tip Credit ,
Tipped Employees ,
Tips ,
Wage & Hour Division (WHD) ,
Wage and Hour
Employers in the restaurant and hospitality industries know it’s a common practice to ask workers to share gratuities. Tip pools can promote teamwork and a better customer experience – but they can also land you in hot water...more
5/19/2022
/ Department of Labor (DOL) ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Hospitality Industry ,
Minimum Wage ,
Over-Time ,
Restaurant Industry ,
Tip Credit ,
Tip-Pooling ,
Tipped Employees ,
Tips ,
Wage & Hour Division (WHD) ,
Wage and Hour
Hospitality employers who utilize the “tip credit” under federal wage and hour law may feel as if they operate with a bullseye on their backs given the multi-prong assault underway against the practice. Not only are you in...more
With the government’s final rules on the tips provisions of federal wage and hour law becoming effective just weeks ago, employers will be challenged with ensuring they have a plan to address the rules’ impact on their...more
1/27/2022
/ Civil Monetary Penalty ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Final Rules ,
Hospitality Industry ,
Minimum Wage ,
New Rules ,
Restaurant Industry ,
Tip Credit ,
Tip-Pooling ,
Tipped Employees ,
Tips ,
Wage and Hour
Federal labor officials just finalized a rule that broadens their ability to assess monetary fines against those business that commit wage and hour violations with regards to tip payments, a development several months in the...more
10/4/2021
/ Civil Monetary Penalty ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Hospitality Industry ,
Managers ,
Supervisors ,
Tip Credit ,
Tip-Pooling ,
Tipped Employees ,
Tips ,
Wage and Hour ,
Willful Violations
The U.S. Department of Labor just issued a Notice of Proposed Rulemaking that will affect most businesses with tipped employees if the business utilizes the tip-credit method of payment. The thrust of this proposal is the...more
The U.S. Department of Labor issued a long-awaited final rule right before Christmas addressing the issue of tipped employees. The final rule, released on December 22 but not effective until February 20, 2021, provides...more
12/29/2020
/ Civil Monetary Penalty ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Hospitality Industry ,
Job Duties ,
Minimum Wage ,
New Rules ,
Recordkeeping Requirements ,
Tip Credit ,
Tip-Pooling ,
Tipped Employees ,
Tips ,
Wage and Hour
Two recent opinion letters from the U.S Department of Labor (USDOL) examine the contours of the federal Fair Labor Standards Act’s (FLSA) “outside salesman” exemption, which exempts covered employees from the FLSA’s minimum...more
As the nation’s political leaders discuss the easing of the various shelter-in-place orders in an effort to re-start the economy, businesses have begun making their own re-start plans – and they often include bonus programs...more
Employers that utilize the “tip credit” in the federal Fair Labor Standards Act (“FLSA”), or whose employees receive tips, should carefully consider regulatory changes that were proposed by USDOL today. While many of the...more
10/8/2019
/ Comment Period ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Employment Policies ,
Fair Labor Standards Act (FLSA) ,
Field Operations Manual ,
Minimum Wage ,
Proposed Regulation ,
Proposed Rules ,
Tip Credit ,
Tip-Pooling ,
Tipped Employees ,
Wage and Hour
When the news broke Friday afternoon that Labor Secretary Alexander Acosta would be resigning from his post, employers across the country began wondering what this transition would mean for them. You may have even heard...more
7/15/2019
/ Affirmative Action ,
Corporate Counsel ,
Department of Labor (DOL) ,
EEO-1 ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Family and Medical Leave Act (FMLA) ,
Filing Deadlines ,
Foreign Workers ,
Immigration Enforcement ,
Joint Employers ,
OFCCP ,
OLMS ,
OSHA ,
Pay Data ,
Pay Equity Laws ,
Resignation ,
Secretary of Labor ,
USCIS ,
Wage and Hour ,
Workplace Safety
Hotel and restaurant employers commonly require employees to wear uniforms, some as simple as a shirt with company logo, others requiring a more complete look: jacket or blouse and pants or skirt, or dress. Some employers,...more
6/11/2019
/ Dress Codes ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Hospitality Industry ,
Minimum Wage ,
Non-Exempt Employees ,
Over-Time ,
Payroll Deductions ,
Restaurant Industry ,
Statutory Violations ,
Wage and Hour
The USDOL has continued to plow through its regulator agenda. Yesterday it released its proposed guidance regarding the "regular rate" for purposes of calculating FLSA overtime pay. The NPRM is intended to update and clarify...more