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In January, the U.S. Department of Labor (DOL) issued an opinion letter clarifying managers and supervisors still cannot receive or keep tips, including from a tip pool. This came shortly after the DOL restored the dual...more
The U.S. Department of Labor (DOL) published a final rule on Dec. 17, 2024, restoring the pre-2021 language of the “dual jobs” regulation for tipped employees under the Fair Labor Standards Act (FLSA). This is a technical...more
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
On November 15, 2024, in State of Texas v. Dep’t of Labor, 24-cv-468-SDJ, the U.S. District Court for the Eastern District of Texas vacated the Department of Labor’s (DOL) final rule raising the salary thresholds for being...more
How the FLSA “tip credit” is applied has been pushed and pulled numerous times over the last two decades. In the latest volley, the Fifth Circuit entered an order on August 23, 2024, vacating the Department of Labor’s 2021...more
On August 23, 2024, the Fifth Circuit Court of Appeals released its long-awaited opinion in Restaurant Law Center v. United States Department of Labor and invalidated the 2021 final tip rule issued by the U.S. Department of...more
A federal appeals court just delivered some good news to hospitality employers by blocking the Department of Labor’s infamous 80/20/30 rule, providing immediate relief to employers around the country by vacating the...more
As we previously reported, the Department of Labor (DOL) published its final rule, “Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales, and Computer Employees,” on April 23,...more
Most employers in the United States will start the month of July with a higher salary requirement to exempt certain employees from minimum wage and overtime under the Fair Labor Standards Act (FLSA). However, a June 28th...more
While some across the United States are working on their tans, many employers are working on managing their labor budgets so they don’t get burned by increases in minimum pay standards for non-exempt, tipped, and certain...more
Under the Fair Labor Standards Act (FLSA) and Virginia law, employers must pay non-exempt employees at least minimum wage for all hours worked and an overtime premium for all hours worked in excess of 40 hours in a week. ...more
On April 23, 2024, the Department of Labor (DOL) released a final rule raising the minimum salary thresholds for certain overtime exemptions under the federal Fair Labor Standards Act (FLSA), which effectively expands the...more
Seyfarth Synopsis: With DOL’s overtime exemption rule currently under White House review, we could see its publication sooner rather than later. ...more
On January 9, 2024, the US Department of Labor (DOL) issued a final rule that provides revised guidance on whether a worker is properly classified as an employee or independent contractor under the Fair Labor Standards Act...more
The Department of Labor’s (DOL) final rule implementing Executive Order 14026 (EO), which raises the minimum hourly wage from $10.95 to $15.00 for certain workers working on or in connection with covered federal contracts and...more
With the government’s final rules on the tips provisions of federal wage and hour law becoming effective just weeks ago, employers will be challenged with ensuring they have a plan to address the rules’ impact on their...more
On November 22, 2021, the U.S. Department of Labor (DOL) finalized a rule to increase the hourly minimum wage for employees of certain federal contractors beginning January 30, 2022. The final rule implements Executive Order...more
Tip Credits under the Fair Labor Standards Act - The Fair Labor Standards Act (“FLSA”) generally permits employers to pay tipped employees less than the minimum hourly wage, provided that the tips the employee receives are...more
On October 29, 2021, the U.S. Department of Labor (DOL) published its Final Rule related to tipped employees. It is effective December 28, 2021. DOL had issued a Notice of Proposed Rulemaking (NPRM) on June 21, 2021,...more
On October 29, 2021, the U.S. Department of Labor (“DOL”) issued its final rule outlining the circumstances under which an employer is permitted to take a “tip credit” against its wage obligation to tipped employees, paying...more
On October 28, 2021, the U.S. Department of Labor (DOL) issued a Final Rule establishing limits on the amount of time tipped employees can spend performing work that is not “tip- producing work” and still being paid at the...more
Wasting no time, the Wage and Hour Division of the U.S. Department of Labor published a Final Rule on Friday that will formally withdraw regulations on tip credits that were issued in the final days of the Trump...more
On October 29, 2021, the U.S. Department of Labor published its final rule regarding tipped employees with dual jobs (i.e., employees who perform both tipped and non-tipped work), rejecting the Trump-era approach to...more
Just in time to frighten hospitality employers, the U.S. Department of Labor just issued its final rule regarding tipped wages, reinstituting a worker-friendly rule that will cause challenges for most businesses utilizing the...more
On October 28, 2021, the U.S. Department of Labor (DOL) released a final rule that may cause many employers in the restaurant, hospitality, and service industries to rethink and/or end their use of tip credits under the...more