News & Analysis as of

Over-Time Tip-Pooling

Fisher Phillips

Restaurant Owner Learns Dangers of Comingling Employees Between Locations – 4 Lessons for Hospitality Employers

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Federal wage officials recently announced that two Florida restaurants with common ownership failed to properly calculate overtime pay when their employees worked at both locations in the same workweek – sending a stark...more

Fisher Phillips

The Road to Hell is Paved with Good Intentions: Top 7 Wage and Hour Mistakes for Hospitality Employers to Avoid

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Employers in the hospitality industry have been through it all in recent years – from the devastation of the pandemic to ongoing labor shortages to an impending recession. These challenges and dramatic changes have surely...more

Stevens & Lee

Pennsylvania Tipped Worker and Overtime Rules Take Effect August 5, 2022

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On August 5, 2022, updated rules affecting tipped workers and salaried workers who work a fluctuating work schedule will go into effect. Below is a summary of these regulations:... ...more

Bowditch & Dewey

Rhode Island Enacts “Tip Protection” Law

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On June 28, 2022, Rhode Island enacted new “tip protection” legislation. The law, which applies to all employers of tipped employees, prohibits employers from retaining employee tips, creates new requirements for tip pools,...more

Fisher Phillips

4 Reminders for Employers After a Texas BBQ Chain’s $900K Tip Pooling Mistake

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Employers in the restaurant and hospitality industries know it’s a common practice to ask workers to share gratuities. Tip pools can promote teamwork and a better customer experience – but they can also land you in hot water...more

Fox Rothschild LLP

Warning—Calling Someone A Manager Or Sous Chef Does Not Automatically Make Them Exempt From Overtime Under The FLSA

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The New York City restaurant industry has, over the last several years, been hit with a flood of lawsuits. Many of these have focused on illegal tip pools but many have also alleged that employees were misclassified as...more

Stinson LLP

Colorado Employers Face a Bevy of New State Laws

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Colorado's legislature has been busy implementing new laws that impact Colorado employers. Employers should review their policies and practices to come into compliance, and plan for future changes to keep pace with the law....more

Maynard Nexsen

Department of Labor Announces Notice of Proposed Rulemaking to Expand Tip Pooling Practices for Employers

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Last week, our firm hosted a webinar on recent developments in federal wage and hour law compliance as part of Nexsen Pruet’s Employment Law Certificate Series. The topic proved to be very timely as the U.S. Department of...more

Littler

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

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It was a busy third month of 2019, so we will march right into discussing developments concerning the minimum wage, tips, and overtime....more

Conn Kavanaugh

It Recently Got a Bit More Confusing for Massachusetts Employers of Tipped Employees

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With the recent increase of minimum wage rates of pay in Massachusetts, the publishing of guidance from the Attorney General related to minimum wages for tipped employees, and the absence of an exemption from overtime for...more

Littler

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

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2019 marks the start of Wage Watch’s third year of publication, which we will celebrate the only way we (sadly) know how: by recapping federal, state, and local developments concerning the minimum wage, tips, and overtime....more

Jackson Lewis P.C.

Wage And Hour Developments 2018: A Year In Review

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The law regulating the payment of wages and work hours is a vibrant area: the “fight for $15.00”; battles over who can receive tips (and whether the tip credit should be eliminated entirely); whether workers should be given...more

Holland & Knight LLP

Food and Beverage Law Update: September 2018

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Labor and Employment - Jimmy John's Avoids Joint-Employer Finding in Worker Overtime Litigation - In In re: Jimmy John's Overtime Litigation, 2018 WL 3231273 (N.D. Ill. June 14, 2018), a federal district court ruled that...more

Fisher Phillips

3 Critical Wage And Hour Questions For Every Hospitality Employer

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The hospitality industry is an increasingly popular target for enforcement actions by government agencies, not to mention lawsuits by plaintiffs’ attorneys. To help avoid three common wage and hour issues that come up too...more

Littler

WPI Wage Watch: Minimum Wage & Overtime Developments (June Edition)

Littler on

With the World Cup in full swing, it’s difficult to fathom anything else occurring—yet minimum wage, tip, and overtime developments keep happening. Here’s our quick round-up for those of you taking a break from the on-field...more

Fisher Phillips

Serenity Now – Looking Back On USDOL's Actions Mid-Year, And A Sneak Peek At What Might Be Coming

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We are almost half way through 2018, and this year has been filled with fast and furious changes at USDOL. Proposed tip credit changes (Check, including a reaction from Congress and more tip credit changes on the horizon)....more

Littler

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

Littler on

It may not have been showering minimum wage, tip, and overtime developments in April, but there was a sprinkling at the federal, state, and local levels. ...more

Fisher Phillips

Web Exclusive: March 2018: The Top 13 Labor And Employment Law Stories

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there were an unprecedented number of changes all through 2017. And if the first three months...more

Cozen O'Connor

II-30- Tackling 3 Big Wage and Hour Questions for Employers

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Wage and hour issues continue to keep employers up at night, with new lawsuits and potential exposure not diminishing any time soon. Today’s episode tackles three important questions in this area: the meaning and potential...more

Holland & Knight LLP

Food and Beverage Law Update: February 2018

Holland & Knight LLP on

Deceptive Trade Practices - Meat Exporter Had No Duty Under FCA to Pay for Beef Inspection - In United States ex rel. Barrick v. Parker-Migliorini Int'l, LLC, 878 F. 3d 1224 (10th Cir. 2017), the court affirmed...more

Jackson Lewis P.C.

Class Action Trends Report Winter 2018

Jackson Lewis P.C. on

Minimum wage: Tip traps Brewster’s Homestyle Bar & Grill is a favorite local chain, with eight popular restaurants in the city. The restaurants are constantly busy, with tables turning over at a steady clip. Consequently,...more

Fisher Phillips

How Is 2017 Like 1947?

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Once upon a time, a seriously-alarmed legislature grew concerned that wage-hour claims and litigation had gotten out-of-hand. A series of court decisions had, among other things, broadly expanded the scope of what counted...more

Fisher Phillips

October 2017: The Top 11 Labor And Employment Law Stories

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes each month in 2017. October was no...more

Fisher Phillips

July 2017: The Top 12 Labor And Employment Law Stories

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes each month in 2017. July was no different,...more

Seyfarth Shaw LLP

What’s on the Agenda? Tips and OT

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Each spring and fall, Washington waits with bated breath as the Executive Branch releases its regulatory agenda. As the first pronouncement of some of the specifics of the Trump Administration’s regulatory plans, this year’s...more

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