News & Analysis as of

Food Service Workers Hospitality Industry Tips

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

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

Seyfarth Shaw LLP on

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

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

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

Seyfarth Shaw LLP

Tips from Seyfarth: Connecticut General Assembly Fails to Pass Tip Credit Elimination Bill

Seyfarth Shaw LLP on

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

Littler

Dear Littler: How Do Restaurants Without Table Service Handle Tips?

Littler on

Dear Littler, We operate sandwich shops in a couple of states. Although we have tables, we don’t have table service, and customers pick up food at the counter themselves to either take out or seat themselves at our...more

Seyfarth Shaw LLP

Tips from Seyfarth: Challenge to DOL’s 80/20 Rule Likely to Head Back to the Fifth Circuit

Seyfarth Shaw LLP on

Seyfarth Synopsis: After a remand from the Fifth Circuit, a trial court has upheld the validity of the Department of Labor’s 2021 regulation codifying the 80/20 rule, raising the possibility of another appeal....more

Adams and Reese LLP

US DOL Wins Latest Battle in War with Restaurant Associations over the Tipped Employee “80/20” Rule

Adams and Reese LLP on

In Restaurant Law Center et al. vs. US Department of Labor, Case 1:21-cv-01106-RP (W.D. Tex. July 6, 2023), the Texas Federal District Court granted summary judgment in favor of the DOL, upholding the DOL’s December 2021...more

Parker Poe Adams & Bernstein LLP

Federal Court Rejects Challenge to DOL Tip Credit Rule

In recent years, persons or groups unhappy about a new federal law or regulation have chosen to file suit in a selected federal district court, often in Texas, seeking a nationwide injunction to prohibit the new measure from...more

FordHarrison

Texas Federal Court Stiffs Restaurant Industry on Efforts to Strike Down Department of Labor Regulation on Tip Credit Work

FordHarrison on

Executive Summary: On July 6, 2023, a federal district court upheld the U.S. Department of Labor’s (DOL’s) regulations on the type and amount of work that tipped employees may perform while being paid the reduced minimum wage...more

Parker Poe Adams & Bernstein LLP

Appeals Court Reopens Door for Injunction to Stop the New Tip Rule

In 2021, the U.S. Department of Labor’s Wage and Hour Division issued new regulations dealing with the Fair Labor Standards Act’s tip credit. The tip credit allows employers to pay a $2.13 hourly minimum wage to tipped...more

Littler

D.C. Voters Pass Initiative 82, Phasing Out Tipped Minimum Wage by 2027

Littler on

On November 8, 2022, Washington D.C. voters overwhelmingly passed Initiative 82 or the “District of Columbia Tip Credit Elimination Act.” As a result, the tip credit for D.C. tipped wage workers will be gradually phased out...more

Polsinelli

D.C. Votes to Eliminate the Tip Credit By 2027

Polsinelli on

On November 8, 2022, Washington, D.C. voters approved Initiative 82, which will eliminate the ability of employers in the city to rely on a tip credit to meet the minimum wage requirement for employees who regularly receive...more

Nutter McClennen & Fish LLP

DOL Limits the Amount of Time Tipped Employees Can Spend on Non-Tipped Work

On October 28, 2021, the U.S. Department of Labor (DOL) announced a new rule, effective December 28, 2021, that limits the amount of time tipped employees can spend on non-tipped activities when the employer receives a tip...more

Foley Hoag LLP

Department of Labor Issues New Rule Limiting Use of Tip Credits

Foley Hoag LLP on

On October 28, 2021, the United States Department of Labor (DOL) announced a new rule affecting employers with tipped employees. The rule limits the circumstances under which employers may take a “tip credit” against an...more

Littler

DOL Publishes Final Rule to Resurrect 80/20 Rule for Tipped Employees

Littler on

On October 28, 2021, the U.S. Department of Labor (DOL) announced publication of a final “dual jobs” rule, which reverses course from a December 2020 final rule and resurrects the so-called “80/20 Rule” that governs how...more

FordHarrison

Restaurant Industry Alert: DOL Issues Final Rule Modifying Tip Sharing

FordHarrison on

On September 23, 2021, the U.S. Department of Labor (DOL) issued its latest rule related to tip pooling. The rule modifies and clarifies aspects of a rule previously issued by the Trump administration. ...more

Quarles & Brady LLP

New DOL Tip Credit Rule Clarifies When Managers can Keep Tips and Lays Hefty Fines for FLSA Violations

Quarles & Brady LLP on

On September 24, 2021, the Department of Labor published its most recent rule regarding tip regulations under the Fair Labor Standards Act (“FLSA”). This final rule will go into effect on November 23, 2021....more

Littler

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

Littler on

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

Jaburg Wilk

Tipping Points – DOL Issues New Opinions About Paying Tipped Employees

Jaburg Wilk on

Days before the January 20, 2021, presidential inauguration, the U.S. Department of Labor (DOL), under the outgoing administration, issued a flurry of new regulations, rules and opinion letters that could significantly impact...more

Ballard Spahr LLP

Not So Fast – DOL Suspends Final Rule on Regulations Regarding Tipped Employees

Ballard Spahr LLP on

Summary - On January 26, 2021, the U.S. Department of Labor (DOL) suspended a Final Rule on tipped employees that it previously had announced on December 22, 2020. The Final Rule clarified tip pooling for employees in the...more

Parker Poe Adams & Bernstein LLP

U.S. Labor Department Adopts Final Tip Credit Regulations

On December 22, the U.S. Department of Labor’s Wage and Hour Division issued final regulations effective February 21, 2021, implementing changes to its policies regarding tipped employees. The rules expand circumstances under...more

Seyfarth Shaw LLP

DOL Issues New Tip Regulations: Will 2020 Be The Last Year Of 80/20?

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Seyfarth Synopsis: Just before the holidays, the Department of Labor’s Wage-Hour Division issued its final pay regulations governing tipped employees. The final regulations, which were published December 22, 2020 and will...more

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