In This Issue:

- Looking For That “Special Look”? By Michael S. Mitchell (New Orleans)

Lots of hospitality employers, and a fair number of retail employers as well, spend time, money, and thought creating a brand or “look.” They’re trying to create something beyond just a logo or store colors; something that stands out just by looking at the very employees who work there. The way they look. The way they dress.

Is this legally safe? The answer is “yes” . . . and “no.” Creating “that special look” is fine, but only as long as it doesn’t infringe on one of the protected categories under federal or state discrimination laws. And that includes not only race and sex, but – as some recent high profile cases have shown – religion....

- How Much Is Too Much? By John McLachlan (San Francisco)

The U.S. Court of Appeals for the 8th Circuit recently issued a decision that has significant ramifications for employers making use of the tip-credit provisions of the Fair Labor Standards Act (FLSA). The decision mandates that employers who use the FLSA tip credit provisions to pay tipped employees should pay close attention to the amount of time those employees spend performing non-tip-producing work. Fast v. Applebee’s International, Inc....