News & Analysis as of

Minimum Wage Labor Regulations Fair Labor Standards Act (FLSA)

Ice Miller

President Trump Eliminates Increased Minimum Wage for Federal Contractors

Ice Miller on

After years of litigation surrounding executive orders establishing a minimum wage for federal contractors, on March 14, 2025, President Trump signed an executive order revoking Executive Order (EO) 14026 issued by former...more

Littler

Littler’s Semi-Annual Rates Update for Minimum Wage, Tips, and Exempt Pay Increases on January 1, 2025 (and Other Developments)

Littler on

While Americans across the country headed to the polls to decide who would govern their country, state, county, or city, most decisions were already made concerning what minimum pay rate would govern the employment of...more

Akerman LLP - HR Defense

A Tip for Employers With Tipped Employees — Stay on Top of the Ever-Changing Guidance on the 80/20 Rule!

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

Stokes Wagner

Fifth Circuit Eliminates 80/20/30 Tip Credit Rule

Stokes Wagner on

The U.S. Court of Appeals for the Fifth Circuit (Texas, Louisiana, and Mississippi) has struck down the Department of Labor’s “80/20/30 Rule,” which had set guidelines for how tipped employees are compensated under the Fair...more

Bradley Arant Boult Cummings LLP

Tipped Out? 5th Circuit Negates DOL Tip Credit Rule

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

Jackson Lewis P.C.

Puerto Rico Increases Hourly Minimum Wage to $10.50 Beginning July 1, 2024

Jackson Lewis P.C. on

Puerto Rico’s minimum wage will increase to $10.50 per hour from $9.50 per hour effective July 1, 2024. This increase was finally approved by the Minimum Wage Review Commission on June 13, 2024. With limited exceptions, the...more

Schwabe, Williamson & Wyatt PC

Minimum Wage Increase for Federal Contractors

Effective January 1, 2024, the minimum wage for workers who perform work on or in connection with federal contracts will increase from $16.20 per hour to $17.20 per hour. This will apply to most federal contracts entered into...more

Fisher Phillips

Workplace Law Update: 10 Essential Items on Your September To-Do List

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law, especially since the law always seems to evolve at a rapid pace. In order to ensure you stay on top of the latest changes and have an action plan...more

Poyner Spruill LLP

DOL Expected to Raise Minimum Salary for Exempt Status

Poyner Spruill LLP on

President Biden’s Administration, including the United States Department of Labor (DOL), have clearly expressed their belief that the minimum salary employers are required to pay to their exempt employees needs to be...more

Littler

Salt Bae’s Sprinkle of First Impression: Eleventh Circuit Holds Mandatory Service Charges Are Not “Tips” and May Be Used to...

Littler on

On March 18, 2022, the U.S. Court of Appeals for the Eleventh Circuit upheld a district court’s decision that an 18% service fee charged at the upscale Miami steakhouse of celebrity chef Nusret Gökçe was not a “tip” and was...more

Littler

Federal Court Decision Protects Independent Contractor Status

Littler on

On March 14, 2022, the U.S. District Court for the Eastern District of Texas delivered a victory for businesses that utilize independent contractors, and for independent contractors themselves, when it held that the...more

Akerman LLP - HR Defense

DOL’s Final Rule on Tipped Employees Takes Effect December 28th

Beginning December 28, 2021, employers must pay tipped employees the full minimum wage for periods when non tip-producing work is performed for a substantial amount of time, in light of a new Department of Labor (DOL) Final...more

Burr & Forman

Department of Labor Releases Final Rule for Tipped Employees

Burr & Forman on

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

FordHarrison

Restaurant Industry Alert: DOL Publishes Final Rule for Tipped Employees

FordHarrison on

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

FordHarrison

Reminder: Florida Minimum Wage is Now $10.00 Per Hour

FordHarrison on

Florida voters on November 3, 2020, passed Amendment 2, which will, over a period of years, increase Florida’s minimum wage to $15.00 per hour. The first annual increase was effective September 30, 2021, and increased the...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

Franczek P.C.

New DOL Rule Adds Civil Penalties for Taking Employee Tips

Franczek P.C. on

In 2018, Congress added a provision to the Fair Labor Standards Act prohibiting employers from retaining employee tips or allowing managers or supervisors to participate in a tip pooling arrangement. Today, the U.S....more

White and Williams LLP

Federal Minimum Wage Has Not Increased in Record Amount of Time

Minimum wage just broke another record today. It will break another tomorrow. Did you know that the federal minimum wage has not been increased in over 12 years? Every day without an increase sets another record for the...more

Polsinelli

Labor Department Rescinds Pro-Franchise Joint-Employment Rule

Polsinelli on

On July 29, 2021, the U.S. Department of Labor announced it is rescinding a final rule issued just last year (2020 Final Rule) that sought to clarify the standard for finding two separate entities to be “joint employers”...more

FordHarrison

U.S. DOL Rescinds Trump-Era Rule Regarding Joint-Employer Status Under the FLSA

FordHarrison on

On July 29, 2021, the United States Department of Labor (“DOL”) announced that it would rescind the Trump-era rule (the “Joint Employer Rule”) pertaining to the determination of joint employers for purposes of assigning...more

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

Pennsylvania Governor Repeals New Overtime Rules as Part of Budget Deal

On June 30, 2021, Pennsylvania Governor Tom Wolf signed an approximately $40 billion state budget package. In exchange for increased funding for public schools in the state budget, Governor Wolf agreed to repeal...more

Akerman LLP - HR Defense

Tipped and Non-Tipped Work Back Under the Microscope

The old “80/20 rule” is back again for tipped workers under the latest proposed Final Rule issued by the Department of Labor (DOL) last month. Employers in the service industry, especially those employers who take a tip...more

FordHarrison

Wilson et al. v. The Avengers as Successor to Strategic Homeland Intervention, Enforcement, and Logistics Division

FordHarrison on

I have two teenage sons, so I’ve watched all that the Marvel Cinematic Universe has to offer. (“Sure, blame it on the kids, dork.” “Shut up, Internal Monologue—this doesn’t concern you.”) This spring, Marvel rolled out its...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

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