News & Analysis as of

Fair Labor Standards Act (FLSA) Regulatory Reform

Holland & Hart - Employers' Lawyers

Breastfeeding Accommodations in the Workplace

The ability to pump breast milk in the workplace is protected by the FLSA. In 2010, the Break Time for Nursing Mother Act was passed as part of the Affordable Care Act (ACA) and amended the FLSA to include break time and...more

Littler

President Biden Issues Landmark Artificial Intelligence Executive Order

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On October 30, 2023, President Biden issued an “Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence” to address the growing concerns surrounding the use of artificial...more

Littler

DOL Proposal to Resurrect 80/20 Rule for Tipped Employees Fails to Alleviate Longstanding Industry Concerns

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On June 23, 2021, the U.S. Department of Labor (DOL) published a notice of proposed rulemaking (NPRM), which reverses course from a December 2020 final rule and seeks to resurrect the so-called “80/20 Rule” that governs how...more

FordHarrison

Department of Labor Proposes Limits to Tip Credit for Work "Directly Supporting" Tipped Work

FordHarrison on

Executive Summary: On Monday, June 21, 2021, the U.S. Department of Labor (DOL) issued a Notice of Proposed Rulemaking (NPRM) proposing limits on the tip credit employers can take during workweeks when tipped employees...more

Epstein Becker & Green

Time Is Money: A Quick Wage-Hour Tip on … Joint Employer Status Under the Fair Labor Standards Act

With the March 16, 2020 effective date of the new rule interpreting joint employer status under the Fair Labor Standards Act (“FLSA”) almost upon us, employers should brush up on the updated guidance and review their...more

Ward and Smith, P.A.

Thanks for the Tip: U.S. DOL's Proposed Rule and Potential Enhanced Availability of "Tip Pools"

Ward and Smith, P.A. on

The Fair Labor Standards Act of 1938 ("FLSA"), for decades, has permitted employers to pay some workers a lower minimum hourly wage than would otherwise be due if the workers receive at least a minimum amount per month in the...more

Littler

WPI Wage Watch: Minimum Wage, Tip, and Overtime Developments (January 2020 Edition)

Littler on

If January's minimum wage, tip, and overtime developments forecast what employers should expect throughout the remainder of the year, it could be a challenging 2020....more

Troutman Pepper

New York State To Eliminate Tip Credit For Many Employees Beginning June 2020

Troutman Pepper on

Q:  I heard New York is changing its rules around tip credits for some types of employees.  What do I need to know? ...more

Littler

Connecticut’s New Restaurant Wage Law Codifies “80/20 Rule” for Tipped Employees

Littler on

Following months of political maneuvering, including a gubernatorial veto, Connecticut has enacted compromise legislation that attempts to clarify how restaurants and other hospitality industry employers must pay workers who...more

FordHarrison

How the FLSA and Netflix Have Updated Their Approaches in Today’s Modern World

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Earlier this year, I wrote about the numerous streaming service options that were available to consumers and how this made it difficult to decide which services to utilize, if any, as alternatives to cable. At the time, I was...more

Epstein Becker & Green

Department of Labor Issues Final Rule Updating Regulations Addressing When Pay and Benefits Factor into the FLSA Regular Rate

Epstein Becker & Green on

On December 16, 2019, the United States Department of Labor’s Wage and Hour Division (“WHD”) published in the Federal Register a Final Rule updating the Fair Labor Standards Act (“FLSA”) regulations that govern, among other...more

Bricker Graydon LLP

Changes in store for tipped employees: DOL proposes host of new tip regulations

Bricker Graydon LLP on

On October 8, 2019, the U.S. Department of Labor (DOL) proposed changes to the Fair Labor Standards Act (FLSA) regulations governing the wages of tipped employees, specifically, tip credits and tip pools....more

FordHarrison

Department of Labor Deflates the 80/20 Rule & Inflates the Tip Pool

FordHarrison on

On Monday, October 7, 2019, the Department of Labor (DOL) proposed a new 80/20 rule and tip pooling regulation. First, the proposed regulation, if finalized, will permit employers to take a tip credit regardless of the...more

Epstein Becker & Green

U.S. DOL Announces Proposed New Rule on Tip Credits and Pooling

Epstein Becker & Green on

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

Seyfarth Shaw LLP

WHD Releases Proposed Rule on Tipped Employees

Seyfarth Shaw LLP on

Seyfarth Synopsis: The Department of Labor’s Wage & Hour Division announced its long-awaited proposed rule related to the FLSA’s tip provisions. The rule would implement statutory changes passed in March 2018; it also would...more

Holland & Hart - Employers' Lawyers

U.S. DOL Eases Restriction on Tipped Employees

...In a new opinion letter released November 8, 2018, the U.S. Department of Labor (DOL) decided to eliminate the “80/20 Rule” which had previously limited employers’ ability to take a “tip credit” toward their employees’...more

Franczek P.C.

What Duties Can A Server Perform Under the Tip Credit Rules? [Wage & Hour FAQ]

Franczek P.C. on

Q. We use the tip credit for servers who work in our restaurant. When service is slow, we ask our servers to pitch in with other jobs around the restaurant, like sweeping up the dining room and cleaning the restroom. ...more

Akerman LLP - HR Defense

A Tip from the Department of Labor: The 80/20 Rule Has Been Rescinded

Akerman LLP - HR Defense on

Employers are no longer barred from taking the tip credit for tipped employees who spend more than 20% of their time doing non-tipped activities, according to a new U.S. Department of Labor opinion letter doing away with the...more

FordHarrison

Department of Labor Relaxes Rules for Tipped Employees

FordHarrison on

The Department of Labor’s Wage and Hour Division (WHD) has announced it will no longer apply the “80/20 rule” to tipped employees, and will no longer require employers to pay the full minimum wage for time spent by a tipped...more

Seyfarth Shaw LLP

Check, Please!  DOL Issues Opinion Letter Ending Its 20% Tip Credit Rule

Seyfarth Shaw LLP on

Seyfarth Synopsis: The DOL has reissued a long-awaited opinion letter withdrawing its previous 20% tip credit rule and making clear that “no limit is placed on the amount of [related but non-tipped] duties that may be...more

Seyfarth Shaw LLP

Ninth Circuit Issues En Banc Decision Upholding DOL’s 20% Tip Credit Rule; Ball Is Now In DOL’s Court

Seyfarth Shaw LLP on

Seyfarth Synopsis: In an en banc decision, the Ninth Circuit reverses its prior panel opinion rejecting the DOL’s interpretation of FLSA regulations on use of the tip credit to pay regularly tipped employees, finding that the...more

Pillsbury Winthrop Shaw Pittman LLP

DOL Endorses Volunteer Treatment of Certification Exam Graders

DOL Opinion Letter confirms that volunteer status not jeopardized by nonprofit payment of expenses. Department of Labor Opinion Letter endorses non-employee classification of member volunteers at nonprofit, without...more

FordHarrison

DOL Issues Employer-Friendly Opinion Letters

FordHarrison on

Last week, on August 28, 2018, the U.S. Department of Labor (DOL) issued four Fair Labor Standards Act (FLSA) opinion letters. In welcome late-summer news to employers, each opinion is employer-friendly....more

Littler

Trump Administration DOL Issues First Substantive Guidance on Independent Contractors

Littler on

The Wage and Hour Division of the Department of Labor (DOL) issued a Field Assistance Bulletin (FAB) on Friday, July 13, 2018, titled “Determining Whether Nurse or Caregiver Registries Are Employers of the Caregiver.”...more

McNees Wallace & Nurick LLC

Congress Takes a Dip in the Tip Pool

President Trump recently signed into law Congress’ $1.3 trillion, 2,232-page omnibus budget bill. Notably, tucked away on page 2,025 of the bill, Congress amended the Fair Labor Standards Act to address rules affecting...more

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