California Employment News: Overview of the Fast Food Minimum Wage Increase AB122
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With the upcoming change in the Presidential Administration, a likely increase in interior immigration enforcement is expected. Having more than 33 years of experience in immigration, both in government enforcement and in...more
Employers with tipped employees are constantly trying to keep up with the ever-changing and evolving tip credit rules promulgated by the United States Department of Labor (DOL) — specifically, what is known as the 80/20 rule....more
As we approach the holiday season and New Year’s Day, we wanted to provide employers with a brief update on what minimum wage requirements in California might be starting January 1, 2025. Proposition 32- Proposition 32 was...more
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
As we approach the start of a new year, New York employers should prepare for several wage-related adjustments that will take place on Jan. 1, 2025. Along with an increase to the state’s hourly minimum wage rates, there are...more
Recently, both major-party presidential candidates have come out in favor of a “no tax on tips” proposals, though neither candidate has indicated how to implement one. There have been proposals from other legislators, though...more
In a highly anticipated decision published on August 23, 2024, the United States Court of Appeals for the Fifth Circuit struck down the Department of Labor’s (DOL) Final Rule that limited the circumstances under which an...more
California’s newly established Fast Food Council was inundated at its September 12 meeting by competing testimony – organized labor on one side and restaurant groups on the other – about potential plans to raise the industry...more
On September 18, 2024, at the request of the State of Michigan and its attorney general, the Michigan Supreme Court clarified issues relating to future minimum wage rates and minimum cash wage rates for tip-credit employees...more
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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