News & Analysis as of

Food Service Workers

The Tip Income Protection Act — Changes to Tip Pooling

by LeClairRyan on

The Tip Income Protection Act of 2018 (“the Act”) was signed into law on March 23, 2018 as part of the omnibus spending bill. The Act, buried in the 2,323 pages of the bill, amends the Fair Labor Standards Act (FLSA) and...more

The Consolidated Appropriations Act: Tipping in The Hospitality Industry

by Buchalter on

Despite threatening a veto, President Trump signed the 2018 Consolidated Appropriations Act (Public Law No. 115-141) on March 23, 2018. The Act is more than 2000 pages in length....more

DOL Clarifies Tip Pooling Law

by FordHarrison on

As reported last week, on March 23rd, President Trump signed into law a massive spending bill that, among other things, amended the Fair Labor Standards Act (FLSA) to clarify that a manager or supervisor may not keep his...more

DOL Clarifies Amendment to the FLSA's Tip Pool Rules

by Littler on

On March 27, 2018, President Donald Trump signed into law Congress’s $1.3 trillion, 2,232-page omnibus budget bill, the Consolidated Appropriations Act, 2018. ...more

New Tip Pool Rules - Changes to the FLSA and DOL Guidance

by Franczek Radelet P.C. on

If you’ve been paying attention to the news relating to wage and hour law (and really, who isn’t?), you may recently have heard quite a bit about new federal rules on tipped employees, and more recently Congress stepping in...more

Department Of Labor Issues Initial Guidance On Tip Pooling Amendment

by Jackson Lewis P.C. on

This week the Department of Labor issued new guidance, in a “Field Assistance Bulletin,” on the recent amendment to the FLSA regarding tip sharing. The recent amendment to the FLSA (which was included in the omnibus budget...more

Tip Pooling Updates

by Fox Rothschild LLP on

The Fair Labor Standards Act now permits back-of house employees to participate in mandatory tip pools, provided no tip credit is taken against minimum wage. The Consolidated Appropriations Act, 2018 budget bill effectively...more

Tip Pooling With Back-Of-House Is IN (in Most States); Manager and Supervisor Tip-Sharing Is OUT

The Fair Labor Standards Act now permits many employers to include back-of-house employees in tip pools, and prohibits employer, manager, and supervisor participation. On March 23, 2018, President Trump signed the new...more

New Legislative Action on "Tip Pooling"

by Polsinelli on

Congress and the President have waded in to the ongoing debate regarding employers’ use of “tip pools” under the Fair Labor Standards Act (“FLSA”) by passing the Tip Income Protection Act (“TIPA”) as part of the omnibus...more

Who Won? – The New Tip Pool Law

by FordHarrison on

On March 23rd, President Trump signed into law a massive spending bill. Buried on page 2025 of the spending bill, available here, is the following amendment to Section 203(m) of the Fair Labor Standards Act (FLSA), the...more

WPI Wage Watch: Minimum Wage & Overtime Updates (March Edition)

by Littler on

Never mind the Ides of March, for employers with tipped employees: beware the federal budget process. Presumably no one’s March Madness bracket had federal Fair Labor Standards Act (FLSA) amendments going to, let alone...more

New Law Prevents Employers from Taking Tips

by Varnum LLP on

In the restaurant industry, "tip-pooling" is the practice of sharing tips between front-house tipped-employees (servers and waiters), and back-house non-tipped employees (cooks and dishwashers). Traditionally, employers have...more

Introducing The Tip Income Protection Act: Congress’s Misguided Attempt To Turn The FLSA Into A Wage Payment Law

by Seyfarth Shaw LLP on

Seyfarth Synopsis: If it becomes law, a new bill will expand the FLSA’s tip provisions into areas traditionally regulated by state law and create new areas of ambiguity that could be a breeding ground for yet more wage-hour...more

Ninth Circuit Creates More Uncertainty in 80/20 Rule for Tipped Workers

by FordHarrison on

On February 16, 2018, the United States Court of Appeals for the Ninth Circuit granted en banc review of Marsh v. J. Alexander’s LLC, 869 F.3d 1108, creating a new layer of uncertainty for hospitality employers....more

Eleventh Circuit Allows Employer to Share Employee's Tips as Long as It Pays Employee Minimum Wage

by FordHarrison on

Federal regulations currently treat tips as the employee’s property, regardless of whether the employer pays that employee the minimum wage or whether it uses a tip credit to satisfy the minimum wage requirement. ...more

Be Advised: Lewd Phone Calls Targeting The Restaurant Industry

by Fox Rothschild LLP on

Fox Rothschild, working with T&M Protection Resources, has uncovered a harassing phone call scam targeting New York City restaurants. Typically the caller purports to be a well-known restaurant owner, general manager or...more

NYC Fast Food Deductions Law Stayed Pending Resolution of Constitutional Challenge by Restaurant Groups

by Jackson Lewis P.C. on

Enforcement of the Fast Food Deductions provisions in New York City’s Fair Workweek Law has been stayed by a federal judge pending resolution of a constitutional challenge brought by two restaurant advocacy groups. The...more

Shifty Business V: New NYC Law Allows Employees To Request Temporary Schedule Changes; Comment Period For NYS Call-In Pay Rules...

by Seyfarth Shaw LLP on

Seyfarth Synopsis: A new NYC law entitles employees to two temporary schedule changes per year for certain personal events. Separately, the comment period for call-in pay rules proposed by the State DOL has been extended to...more

Minimum Wage Increases Now in Effect

Nothing says Happy Holidays like a pay raise! Here is a summary of some of the states and localities with significant increases in their minimum wage rates as of January 1, 2018. California Effective January 1, 2018, the...more

New York Rings In New Year With Wage & Hour Presents: A Preview Of Upcoming Changes

by Jackson Lewis P.C. on

While the federal minimum wage for non-exempt employees has remained unchanged at $7.25 per hour since 2009, and the federal salary level for exempt employees has been stymied in litigation and rulemaking since 2014, New York...more

Department of Labor Seeks to Loosen Reins on Restaurant Industry By Rescinding Regulation of Certain Tip Pooling Practices

by PilieroMazza PLLC on

Earlier this year, in “Restaurant Industry Headed To U.S. Supreme Court Over Tipping Practices”, I wrote about the Department of Labor’s (“DOL”) 2011 Regulation related to restaurant tip distribution practices and its journey...more

NY Governor Signals “Tipping” Point Over Elimination Of Minimum Wage Tip Credit

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Governor Andrew Cuomo has directed the Commissioner of Labor to schedule public hearings to address the possibility of eliminating the tip credit. A tip credit allows an employer to pay less than minimum...more

Governor Cuomo Contemplating Elimination Of Tip Credit

by Jackson Lewis P.C. on

Employers in New York currently are permitted to pay tipped workers a direct cash wage that is below the State minimum wage and take a “credit” for some of the tips received by employees to satisfy the difference between the...more

Explanation of the DOL's Proposed Rules on Tips

by Franczek Radelet P.C. on

There’s been plenty of press regarding the U.S. Department of Labor’s proposed rules governing employer treatment of tips. Commentators are debating whether the proposed changes are a sensible return to the four corners of...more

Food & Beverage Litigation Update | December 2017#2

by Shook, Hardy & Bacon L.L.P. on

A state senator in Pennsylvania has reportedly announced plans to introduce a bill that would bar any municipality in the state from levying a tax on sugar-sweetened beverages (SSBs). If enacted, the bill could invalidate the...more

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