News & Analysis as of

Tip Credit

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

Locke Lord LLP

The Fifth Circuit Strikes Down DOL’s Rule for Tipped Employees

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In a highly anticipated decision published on August 23, 2024, the United States Court of Appeals for the Fifth Circuit struck down the Department of Labor’s (DOL) Final Rule that limited the circumstances under which an...more

Epstein Becker & Green

#WorkforceWednesday®: DOL Authority Challenged - Key Rulings on Overtime and Tip Credit - Employment Law This Week®

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This week, we take a closer look at the U.S. Court of Appeals for the Fifth Circuit’s decision to strike down the Department of Labor’s (DOL’s) tip credit rule but to uphold the agency’s authority to set a minimum salary...more

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

Michigan’s Supreme Court Clarifies Its Mothering Justice Opinion and Sets State’s Minimum Wage Increases and Tip Credit Phaseout

Following the Michigan Supreme Court’s July 31, 2024, ruling that the state legislature’s December 2018 “adopt and amend” action was unconstitutional, and that the state’s minimum wage will increase in 2025, the court has now...more

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

Beltway Buzz - September 2024 #3

The Beltway Buzz is a weekly update summarizing labor and employment news from inside the Beltway and clarifying how what’s happening in Washington, D.C., could impact your business....more

Dunlap Bennett & Ludwig PLLC

News Flash: Fifth Circuit Vacates 80/20/30 Tip Credit Rule

In a significant decision for the hospitality and restaurant industries, the U.S. Court of Appeals for the Fifth Circuit recently struck down a Department of Labor (DOL) rule regarding the payment of tipped employees. The...more

Littler

Michigan Supreme Court Clarifies Minimum Wage & Tipped Rates and Schedule for 2025 and Future Years

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On September 18, 2024, at the request of the State of Michigan and its attorney general, the Michigan Supreme Court clarified issues relating to future minimum wage rates and minimum cash wage rates for tip-credit employees...more

Robinson Bradshaw

Fifth Circuit Strikes Down DOL Tip Rule

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On Aug. 23, the Fifth Circuit Court of Appeals invalidated the DOL’s 2021 rule on tip credits under the Fair Labor Standards Act. While the tip credit lives on, the Fifth Circuit’s ruling simplifies compliance for many...more

Cozen O'Connor

Cozen Currents: The Fight for the Center

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The Cozen Lens - · As undecided voters tune into the presidential race’s post-Labor Day sprint, former President Trump and Vice President Harris are rapidly unveiling new populist economic policy proposals in a race to...more

Morgan, Brown & Joy, LLP

Fifth Circuit Strikes Down Department of Labor’s “80/20” Tip Credit Rule

On August 23, 2024, the Fifth Circuit, in Restaurant Law Center v. U.S. Department of Labor, No. 23-50562 (Aug. 23, 2024), struck down the Department of Labor’s (“DOL”) 2021 rule restricting an employer’s ability to claim tip...more

Cranfill Sumner LLP

Making it “Rein”: Fifth Circuit Looks to Roll Back Department of Labor Rulemaking Authority

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A trio of cases before the United States Court of Appeals for the Fifth Circuit have challenged the core of US Department of Labor rulemaking. With varying levels of success. Restaurant Law Center v. DOL pertains to the DOL’s...more

Amundsen Davis LLC

Federal Appeals Court Invalidates the U.S. Department of Labor’s 2021 Tip Credit Rule

Amundsen Davis LLC on

On August 23, 2024, in the case of Restaurant Law Center, et. al. v. U.S. Department of Labor, et. al., the U.S. Court of Appeals for the Fifth Circuit invalidated the U.S. Department of Labor’s (DOL) 2021 Tip Credit Rule...more

Bowditch & Dewey

Tip Credits – Striking Down the Federal Rule & Massachusetts Ballot Question

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On August 23, 2024, the United States Court of Appeals for the Fifth Circuit struck down the Department of Labor’s (“DOL”) 80/20/30 Rule, which set parameters for how employers can use tip credits under the Fair Labor...more

BakerHostetler

Tipped Occupations: Is the 80/20 Rule Dead? That’s a Geography Question!

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On August 23, 2024, in Restaurant Law Center v. DOL, the Fifth Circuit vacated the Department of Labor’s (DOL) final rule concerning tipped employees. Citing the Supreme Court’s recent decision in Loper Bright v. Raimondo,...more

Littler

Littler Lightbulb: August Appellate Roundup

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This Littler Lightbulb highlights some of the more significant employment law developments in federal courts of appeal in the last month. Fifth Circuit Vacates DOL Tip Credit Rule...more

Dinsmore & Shohl LLP

Contested DOL Rule on Tip Credit Invalidated by Fifth Circuit

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Recently, the United States Court of Appeals for the Fifth Circuit issued a decision on the Department of Labor's (DOL) rule concerning tipped employees. This final rule, introduced in 2021, addresses the amount of time a...more

Stokes Wagner

Fifth Circuit Eliminates 80/20/30 Tip Credit Rule

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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

Baker Donelson

Tipped Over: Fifth Circuit Vacates the DOL's Rule for Tipped Employees

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The United States Court of Appeals for the Fifth Circuit issued a ruling on August 23, 2024, vacating a 2021 Final Rule of the Department of Labor (DOL), which limited the circumstances under which employers can claim a "tip...more

Perkins Coie

Fifth Circuit Hits 0% on the Department of Labor’s Tip Credit Rule

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The U.S. Court of Appeals for the Fifth Circuit recently determined that the Department of Labor (DOL) violated the Administrative Procedures Act (APA) in issuing its “Tip Credit” final regulations and vacated the final rule....more

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

Beltway Buzz - August 2024 #4

The Beltway Buzz is a weekly update summarizing labor and employment news from inside the Beltway and clarifying how what’s happening in Washington, D.C., could impact your business....more

Fisher Phillips

How Will the Election and Recent Legislative Trends Impact Tipped Wages? 4 Developments for Hospitality Employers to Watch

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There’s been a lot of buzz about tipped wages as Election Day approaches – and hospitality employers will want to track key proposals that may have a huge impact on pay practices. Former President Trump and Vice President...more

Fisher Phillips

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

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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

Whiteford

Employment Law Update: The Tip Credit is Back

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Hospitality employers take note – the Department of Labor’s (DOL) tip rule has been struck down. The tip credit is a provision of the Fair Labor Standards Act (“FLSA”) that allows employers to pay tipped employees a lower...more

Parker Poe Adams & Bernstein LLP

Fifth Circuit Blocks Labor Department Tip Rule Citing Absence of Chevron Deference

In the wake of the U.S. Supreme Court’s rejection of its Chevron deference precedent, federal courts have begun to grapple with administrative agencies’ discretion to issue regulations implementing less than precise...more

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

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