News & Analysis as of

Tip Credit

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

Wisconsin Legislature Expressly Authorizes Electronic Tip Declarations

Like the federal Fair Labor Standards Act, Wisconsin law allows hospitality employers to pay certain tipped employees less than the minimum wage with the understanding that the tips they receive will cover the difference....more

Littler

Hitting the Ground Running: The First 100 Days of the Biden Administration, and Key Takeaways for Employers

Littler on

In September 2020, then-candidate Joe Biden promised organized labor that, if elected, he would be the “strongest labor president you’ve ever had.”  In his first 100 days in office, now President Biden has acted quickly and...more

Jackson Lewis P.C.

Labor Department Further Delays FLSA Tip Regulations Final Rule Until The End Of 2021

Jackson Lewis P.C. on

On April 28, 2021, the U.S. Department of Labor (DOL) announced that it will further delay, until December 31, 2021, the effective date of portions of the previous administration’s Tip Regulations Final Rule under the Fair...more

Fox Rothschild LLP

DOL OKs Nontraditional Tip Pooling, Will Study Modifications To 80/20 Rule

Fox Rothschild LLP on

The U.S. Department of Labor (DOL) has published a final rule permitting the immediate use of nontraditional tip pooling arrangements under the Fair Labor Standards Act (FLSA), but delaying implementation of modifications to...more

Littler

Biden Increases Minimum Wage and Phases Out Tip Credit for Federal Contractors

Littler on

On April 27, 2021, President Joseph R. Biden issued an executive order increasing the minimum wage for workers working on or in connection with a federal government contract. Under the order, federal contractors will be...more

Fisher Phillips

Federal Contractor Employees to See Minimum Wage Increase to $15

Fisher Phillips on

President Biden signed an Executive Order Tuesday that will increase the minimum wage for federal contractor employees to $15 per hour beginning in 2022 – providing a big boost in wages for many workers across the country and...more

Franczek P.C.

The First 100 Days of the Biden Administration: Labor and Employment Activity (UPDATED)

Franczek P.C. on

In week ten, the Biden administration’s labor and employment activity includes the Senate confirmation of Marty Walsh as Labor Secretary, the nomination of former CEO of the Democratic National Committee to the Solicitor of...more

BakerHostetler

Taking Tips? Department of Labor Announces Timing for Tipped Employee Final Rule Implementation

BakerHostetler on

The U.S. Department of Labor (DOL) this week announced the timing for implementation of its much-awaited Final Rule controlling which employees can participate in a mandatory tip pool and changes to the “80/20” rule. The...more

Ballard Spahr LLP

Department of Labor Announces Proposed Rules to Reconsider Tipped-Worker Regulations

Ballard Spahr LLP on

On Tuesday, the Department of Labor (DOL) announced that it had issued two Notices of Proposed Rulemaking (NPRM) concerning tipped workers’ compensation. If adopted, the NPRM would delay, for a second time, the effective date...more

Constangy, Brooks, Smith & Prophete, LLP

Biden DOL Proposes To Dismantle Trump regs On Tipping, FLSA

In a pair of proposed rules published in this morning’s Federal Register, the Wage and Hour Division of the U.S. Department of Labor has taken additional steps to derail and eventually modify regulations issued during the...more

Jackson Lewis P.C.

DOL Adopts Portions Of Tipped Regulations Final Rule, Proposes Further Delay Of Other Portions

Jackson Lewis P.C. on

While deciding to make effective some portions of the Tipped Regulations Final Rule published in the final weeks of the former administration, the U.S. Department of Labor (DOL) has proposed further delay and consideration of...more

Foley Hoag LLP

Updated: Department of Labor Issues Final Rule Regarding FLSA Tip Regulations

Foley Hoag LLP on

UPDATE: The Biden administration has announced that the implementation of this rule will be delayed by 60 days to provide for further review. Originally scheduled to go into effect on March 1, 2021, the rule now has an...more

Stokes Wagner

DOL's New Tip Rules Delayed

Stokes Wagner on

The U.S. Department of Labor has delayed for at least 60 days implementation of changes to the tip credit rules that would have taken effect on March 1. This delay cites the January 20, 2021, memorandum “Regulatory Freeze...more

Epstein Becker & Green

#WorkforceWednesday: EEOC Withdraws, DOL Rolls Back, and OSHA Expands - Employment Law This Week®

It’s #WorkforceWednesday! In the past week, regulatory withdrawals, rollbacks, or new proposed rules are impacting everything from COVID-19 vaccine incentives to joint-employer status. EEOC Withdraws Wellness Incentive Rules...more

Jackson Lewis P.C.

DOL Delays Tip Regulations Final Rule, Independent Contractor Final Rule Likely Next

Jackson Lewis P.C. on

As expected, the U.S. Department of Labor (DOL) has formally delayed the effective date of the Tip Regulations Final Rule, from March 1, 2021 to April 30, 2021. The Tip Regulations Final Rule, issued in late December 2020,...more

Jackson Lewis P.C.

The Proposed Federal Covid-19 Relief Bill Includes A $15 Minimum Wage Hike And Elimination Of The Tip Credit. Will Those...

Jackson Lewis P.C. on

Making good on President Biden’s campaign promise, the House of Representatives has included in its $1.9 trillion Covid-19 relief bill, known as the “American Rescue Plan Act of 2021,” revisions to the Fair Labor Standards...more

BakerHostetler

Florida Court Denies Conditional Certification in Tip Credit Case

BakerHostetler on

Court also rejects ‘fail-safe class’ allegations - The restaurant industry has been among the hardest hit during the current pandemic, but that has not prevented plaintiffs from pursuing class and collective action claims...more

Seyfarth Shaw LLP

The Fight For $15 Returns to Congress

Seyfarth Shaw LLP on

Seyfarth Synopsis. Democrats in the U.S. House and Senate have reintroduced a bill to increase the federal minimum wage to $15 for virtually all non-exempt workers. While the “Fight For Fifteen” has made several trips to...more

Proskauer - Law and the Workplace

DOL Takes First Step to Revisit Independent Contractor and Tip Rules

In accordance the Biden administration’s January 20 regulatory freeze memorandum, the U.S Department of Labor issued proposals to delay the effective dates of the Final Rules on independent contractor classification and tip...more

Epstein Becker & Green

WHD Releases Six New FLSA Opinion Letters in January 2021 Addressing Exemptions, Overtime Pay Calculations for Tipped Employees,...

The Wage and Hour Division of the U.S. Department of Labor (“WHD”) issued six opinion letters in January 2021. They address a number of important issues under the Fair Labor and Standards Act (“FLSA”). To ensure wage and...more

Jaburg Wilk

Tipping Points – DOL Issues New Opinions About Paying Tipped Employees

Jaburg Wilk on

Days before the January 20, 2021, presidential inauguration, the U.S. Department of Labor (DOL), under the outgoing administration, issued a flurry of new regulations, rules and opinion letters that could significantly impact...more

Fisher Phillips

Democratic Congress Seeks To “Raise the Wage” To $15 Per Hour — Is Your Business Ready?

Fisher Phillips on

On the heels of last week’s Executive Order by President Biden calling for an immediate increase in the minimum wage for federal government employees and federal contractors, Democratic lawmakers in Congress have proposed a...more

Jackson Lewis P.C.

States Challenge DOL’s Tip Regulations Final Rule, DOL Withdraws Opinion Letters

Jackson Lewis P.C. on

On January 19, 2021, eight states (Delaware, Illinois, Maryland, Massachusetts, Michigan, New Jersey, New York, and Pennsylvania), along with the District of Columbia, filed a lawsuit seeking to enjoin the Tip Regulations...more

Sherman & Howard L.L.C.

Non-Tipped Employees Can Now Be Included In Tip Pooling

On January 15, 2021, the Department of Labor (DOL) issued Opinion Letter FLSA2021-4 concerning changes to tip pooling when the pool includes both tipped and non-tipped employees. The Opinion Letter focuses its analysis on...more

Stokes Wagner

New Tipping Regulations Will Take Effect March 1, 2021

Stokes Wagner on

The Department of Labor has issued new tipping regulations, to take effect on March 1, that make a few significant changes, some of which may be advantageous to hospitality employers....more

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