News & Analysis as of

Food Service Workers

Cranfill Sumner LLP

Making it “Rein”: Fifth Circuit Looks to Roll Back Department of Labor Rulemaking Authority

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A trio of cases before the United States Court of Appeals for the Fifth Circuit have challenged the core of US Department of Labor rulemaking. With varying levels of success. Restaurant Law Center v. DOL pertains to the DOL’s...more

Whiteford

Employment Law Update: The Tip Credit is Back

Whiteford on

Hospitality employers take note – the Department of Labor’s (DOL) tip rule has been struck down. The tip credit is a provision of the Fair Labor Standards Act (“FLSA”) that allows employers to pay tipped employees a lower...more

Vedder Price

Fifth Circuit Strikes Down U.S. Department of Labor Tip Credit Rule

Vedder Price on

In a highly anticipated opinion, on August 23, 2024, the Fifth Circuit in Restaurant Law Center v. U.S. Department of Labor (Case No. 23-50562) struck down a Final Rule promulgated by the U.S. Department of Labor (DOL) that...more

Cole Schotz

Fifth Circuit Strikes Down the DOL Tip Credit Rule

Cole Schotz on

On August 23, 2024, in Restaurant Law Center v. U.S. Department of Labor, the U.S. Court of Appeals for the Fifth Circuit vacated the U.S. Department of Labor’s (“DOL”) December 2021 final rule that had set strict limits on...more

Benesch

Federal Court Strikes Down Tip Credit Rule Promulgated by the DOL

Benesch on

On August 23, 2024, the Fifth Circuit Court of Appeals struck down a final rule promulgated by the Department of Labor (“DOL”) restricting when employers could take a tip credit for tipped employees under the Fair Labor...more

Jackson Lewis P.C.

Fifth Circuit Strikes Down DOL Tip Credit Rule: What It Means for Employers

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In a long-awaited decision, the Department of Labor (DOL) regulation setting strict limits on the amount of time that tipped employees can spend performing work that does not directly generate tips has been struck down by the...more

Seyfarth Shaw LLP

Argument Update: Fifth Circuit Panel Seems Poised to Vacate DOL’s 2021 80/20 Rule

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Tips from Seyfarth is a blog series for employers, and their in-house lawyers and HR, payroll, and compensation professionals, in the food, beverage, and hospitality sector. We curate wage and hour compliance “tips” to keep...more

Weintraub Tobin

California Employment News: Overview of the Fast Food Minimum Wage Increase AB122

Weintraub Tobin on

Get an overview of AB 1228's intricacies and its impact on fast-food workers, from wage increases to exemptions. Tomiwa Aina and Nikki Mahmoudi continue the discussion on the fast-food minimum wage increase in this...more

Jackson Lewis P.C.

Labor Commissioner’s FAQ on Fast Food Minimum Wage

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On April 1, 2024, the new fast-food minimum wage took effect. At the end of March, California’s Labor Commissioner issued an FAQ regarding the new minimum wage. It includes the following sections: •Overview of the Minimum...more

Tonkon Torp LLP

The Service Industry Must Revisit Tipping Policies or Prepare to Pay Up

Tonkon Torp LLP on

Recent news of six-digit demands and lawsuits filed by the Department of Labor against multiple Oregon-based institutional restaurant chains has local businesses across the service industry wondering: “Are we tipping our...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

California Clarifies Fast Food Minimum Wage Law Taking Effect April 1; Governor OKs Stadium, Airport Worker Exemption

With California’s new $20-per-hour minimum wage for fast food workers set to take effect on April 1, 2024, the California Department of Industrial Relations (DIR) has updated its guidance regarding the new minimum wage law’s...more

Holland & Knight LLP

U.S. Supreme Court Hears Argument on Arbitration Exemption for Food Delivery Drivers

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The U.S. Supreme Court heard oral argument on Feb. 20, 2024, on whether food distributors are exempt from arbitration under Section 1 of the Federal Arbitration Act (FAA), governing "contracts of employment of seamen,...more

Jackson Lewis P.C.

City of Pittsburgh to Strictly Enforce Paid Sick Days Ordinance, Investigate Food Service Industry

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The City of Pittsburgh’s Office of Equal Protection (OEP) has announced that it will begin strict enforcement and compliance checks for local businesses to ensure they are complying with their obligations under the Pittsburgh...more

Hinshaw & Culbertson - Employment Law...

The 12 Days of California Labor and Employment Series – Day 11 "Food Handler Card Cost Shifts to Employer"

In the spirit of the season, we are using our annual "12 days of the holidays" blog series to address new California laws and their impact on California employers. On the eleventh day of the holidays, my labor and employment...more

Shumaker, Loop & Kendrick, LLP

New North Carolina Law Requires Inspection at More Bars Serving Food

Effective January 1, 2024, North Carolina law will require any bar that prepares or serves food requiring temperature and time control (TCS foods) to obtain a Food Service Establishment (FSE) permit from the county health...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

2024 State and Major Locality Minimum Wage Updates

Almost half of the states, and several major localities, will increase their minimum wage rates in 2024, with a majority of the changes effective on January 1, 2024. The table below lists state and certain major locality...more

Polsinelli

State and Local Hourly Minimum Wage Rate Increases are “Coming to Town” on January 1, 2024

Polsinelli on

As 2023 comes to a close, employers should be aware of the hourly minimum wage rate increases set to take effect in various jurisdictions on January 1, 2024. 22 states and more than 40 local jurisdictions will ring in the New...more

Ervin Cohen & Jessup LLP

California Employers Must Pay for Food Handler Card and Training

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On October 8, 2023, California Governor Gavin Newsom signed Senate Bill (“SB”) 476. The law will go into effect on January 1, 2024. Employees of retail food facilities are already required to obtain a food handler card...more

Lowndes

New NLRB Rule Spells McTrouble for Some Employers

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The National Labor Relations Board (NLRB) has published a final rule regarding the Standard for Determining Joint-Employer Status under the National Labor Relations Act (NLRA). This significant development clarifies how two...more

Paul Hastings LLP

Get Ready California Employers! A Wave Of New Employment Laws Set To Kick In Next Year.

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Another New Year means another flurry of new laws for California employers. Indeed, Governor Newsom had another busy October, signing over a dozen employee-friendly bills touching everything from cannabis use to workplace...more

Fox Rothschild LLP

California Repeals FAST Act, Approves New Fast-Food Industry Regulations

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California voters will no longer decide the fate of the controversial Fast Food Accountability and Standards Recovery Act (FAST Act), which was expected to significantly affect fast-food restaurants in the state, including...more

Pullman & Comley - Labor, Employment and...

Connecticut Restaurant Guidebook 2023 Edition Preview: Part One - CT TIP CREDIT 101

This post is part of a series of articles previewing the unique type of information and guidance contained in the Pullman & Comley Hospitality Team’s “Connecticut Restaurant Guidebook 2023 Edition.” Available to members of...more

Jackson Lewis P.C.

With Increased New York Minimum Wage Come Modified Obligations Under State Wage Orders

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The New York State Department of Labor (NYSDOL) has issued proposed regulations to align the state’s industry-specific wage requirements with the upcoming increases in the state minimum wage. In May 2023, Governor Kathy...more

Jackson Lewis P.C.

Compensation for Food Handler Certification in California

Jackson Lewis P.C. on

In October, Governor Newsom signed Senate Bill (SB) 476, which requires food facility employers to pay an employee for any cost associated with the employee obtaining a food handler card, considering the time it takes for the...more

FordHarrison

California Serves Up Another Headache for the Restaurant Industry

FordHarrison on

Executive Summary: Beginning January 1, 2024, restaurant employers in California will be required to pay their workers for all costs associated with obtaining a food handler card, including treating the time spent obtaining...more

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