News & Analysis as of

Minimum Wage Comment Period Department of Labor (DOL)

Bricker Graydon LLP

The Department of Labor is Looking to End Subminimum Wages for Individuals with Disabilities.

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On December 3, 2024, the Department of Labor (DOL) introduced a Final Rule to end an employer’s ability to pay individuals with disabilities subminimum wages under federal law....more

Fisher Phillips

Labor Department Seeks to End Lower Minimum Wage for Workers with Disabilities: 6 Things Employers Need to Know

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The federal government wants to phase out the lower minimum wage that employers can pay to certain workers with disabilities, according to a proposal that the U.S. Department of Labor (DOL) just announced. Supporters of the...more

Bradley Arant Boult Cummings LLP

$15 Per Hour Minimum Wage for Federal Contractors Takes Effect

The Federal Acquisition Regulatory Council recently issued an interim rule amending the Federal Acquisition Regulation (FAR) to implement Executive Order 14026 “Increasing the Minimum Wage for Federal Contractors” and a final...more

Spilman Thomas & Battle, PLLC

Employers with Tipped Employees: Changes are Coming (Again) from the DOL

Questions concerning how to pay employees in tipped occupations have plagued employers for years. Tipped employees that perform duties that are not sufficiently related to their tipped occupation must be paid at least the...more

Jones Day

Biden Department of Labor Proposes $15 Minimum Wage for Federal Contractors

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Overview  As previously discussed here, pursuant to Executive Order 14026 signed by President Biden on April 27, 2021, the Department of Labor ("DOL" or "Department") recently published a notice of proposed rulemaking titled...more

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

Beltway Buzz - July 2021 #4

Senate Committee Examines PRO Act. On July 22, 2021, the U.S. Senate Committee on Health, Education, Labor and Pensions (HELP) held a hearing entitled “The Right to Organize: Empowering American Workers in a 21st Century...more

Bradley Arant Boult Cummings LLP

Silverware Rollers Unite! DOL Proposes New Rule on Use of Tip Credit for Non-tipped Work

As we discussed in April, the Biden administration halted the implementation of some of the Trump administration’s changes to the rules on taking a tip credit for non-tipped work. For those that never have had a server job,...more

Parker Poe Adams & Bernstein LLP

Hospitality Employers Would Have to Rethink Assignments Based on New Tip Credit Interpretation

The seemingly never-ending battle over interpretation of the Fair Labor Standards Act’s tip credit provision took another turn Monday. The U.S. Department of Labor’s Wage and Hour Division issued proposed rules that would set...more

Ervin Cohen & Jessup LLP

DOL Proposes New Tip Credit Rule

On June 23, 2021, the U.S. Department of Labor published a Notice of Proposed Rulemaking to limit the amount of non-tip producing work that a tipped employee can perform when an employee is taking a tip credit.  ...more

Jackson Lewis P.C.

Labor Department Brings Back The ‘80/20’ Rule — Along With New Companion, The ‘30-Minute’ Rule

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The Department of Labor (DOL) has issued a new Notice of Proposed Rulemaking (NPRM), again seeking to regulate the circumstances under which an employer may pay a tipped employee a direct wage below the minimum wage. The NPRM...more

Benesch

U.S. Department of Labor Proposes Employee-Friendly Rules for Tipped Workers

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On June 21, 2021, the U.S. Department of Labor (“DOL”) introduced a proposed rule which, when effective, would impose increased limitations on when an employer can pay a tipped worker the “tipped minimum wage.” The proposed...more

Ruder Ware

DOL Issues Proposed Rule on IC vs EE!

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Employers need to keep abreast of the ever-changing agency rules regarding whether a worker is an “independent contractor” or an “employee.” You might ask, “why does this matter to the government?” The answer is easy: many...more

Littler

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

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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

Littler

WPI Wage Watch: Minimum Wage, Tip, and Overtime Developments (December 2019 Edition)

Littler on

We remember when legislative and regulatory developments rarely occurred in December, but those days are behind us. A Reminder About New Year's Eve & New Year's Day Rate Increases: Many minimum wage, tipped and exempt...more

White and Williams LLP

US DOL Seeks to Clarify Fluctuating Workweek Pay Method

White and Williams LLP on

Under the current U.S. Department of Labor (DOL) regulations, if certain conditions are met, an employer may pay an employee who works fluctuating hours a fixed salary for all hours worked and then an additional half-time for...more

Foley & Lardner LLP

The DOL Tries to Say Goodbye—And Seriously, We Mean It—to the 80/20 Rule for Tipped Employees

Foley & Lardner LLP on

We have all admired (or perhaps been one ourselves) the multitasking, be everywhere and do everything restaurant server. But one question that has long vexed employers in the service industry is how to properly compensate...more

Bricker Graydon LLP

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

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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

Akerman LLP - HR Defense

Hot Tip: End May Be Near for 80/20 Rule!

Akerman LLP - HR Defense on

Employers in the hospitality and restaurant industry are poised for celebration: the Department of Labor (DOL) has proposed eliminating a rule that requires tracking the time tipped employees devote to non-tip producing...more

Parker Poe Adams & Bernstein LLP

U.S. Labor Department Proposes Rules to Expand Use of Tip Pools

Last year, Congress amended the Fair Labor Standards Act to clarify circumstances under which employers can require employees who receive tips to share (or pool) those gratuities with other employees. Last Tuesday, the...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

Littler

DOL Issues Proposed Regulations on Handling Tips and the “80/20 Rule”

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Over a year after Congress amended the Fair Labor Standards Act (FLSA) to clarify tip ownership questions, the U.S. Department of Labor (DOL) finally published a Notice of Proposed Rulemaking on October 8, 2019, with proposed...more

Fisher Phillips

USDOL Issues Proposed Changes to the Tip Credit Regulations

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Employers that utilize the “tip credit” in the federal Fair Labor Standards Act (“FLSA”), or whose employees receive tips, should carefully consider regulatory changes that were proposed by USDOL today. While many of the...more

Littler

Three Proposed Regulations That Should Be on the Hospitality Industry's Radar

Littler on

The U.S. Department of Labor (“DOL”) has issued three sets of proposed regulations that significantly impact the Hospitality industry. ...more

Sheppard Mullin Richter & Hampton LLP

Aiming for Clarity, DOL Proposes to Update the FLSA’s “Joint Employer” Regulations

Hoping to clarify when entities should be treated as “joint employers” under the FLSA, the Department of Labor (“DOL”) recently announced its intent to revise its so-called “joint employer” regulations under the Fair Labor...more

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