News & Analysis as of

Tip Credit

Food and Beverage Law Update: February 2018

by 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

New Proposed Rule Allowing Tip Pooling Between Servers and Back of the House

On December 5, 2017, the US Department of Labor (“DOL”) issued a Notice of Proposed Rulemaking and requested comments by Monday February 5, 2018, regarding its proposal to rescind portions of its tip pooling regulations that...more

Tip Regulations: The Fundamental Legal Issue

by Fisher Phillips on

This week marked the close of the period for public comment on the U.S. Department of Labor's (USDOL) proposed rescission of the hotly-debated regulatory text that, essentially, extended certain tip credit restrictions to...more

Eleventh Circuit Allows Employer to Share Employee's Tips as Long as It Pays Employee Minimum Wage

by FordHarrison on

Federal regulations currently treat tips as the employee’s property, regardless of whether the employer pays that employee the minimum wage or whether it uses a tip credit to satisfy the minimum wage requirement. ...more

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

by Littler on

2018 may have barely begun, but minimum wage and overtime activity at the local, state – and even federal – levels is well underway. Settle in – we’ve got a lot to cover....more

New Jersey Tipped Employee Cash Minimum Wage Raise Under Consideration

by Jackson Lewis P.C. on

A bill to increase the hourly cash minimum wage paid to tipped employees in New Jersey has been introduced in the New Jersey State Assembly. Currently, New Jersey employers may pay a tipped employee a cash minimum wage of...more

Jackson Lewis Class Action Trends Report Winter 2018 Now Available

by 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

Tip-Pooling Regulation May Change Under DOL Proposal

by Holland & Hart LLP on

The Wage and Hour Division (WHD) of the U.S. Department of Labor (DOL) seeks to rescind a 2011 tip-pooling regulation that prohibits sharing of tips among employees who are not customarily tipped employees. Under a Notice of...more

Web Exclusive December 2017: The Top 14 Labor And Employment Law Stories

by Fisher Phillips on

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 each month in 2017. December was no different,...more

WPI Wage Watch: Minimum Wage and Overtime Updates (December Edition)

by Littler on

2017 may be so last year, but minimum wage and overtime developments in its final month may forecast what types of measures we will see in 2018. And employers should remember that as of January 1, 2018, state and local...more

New Year, New Laws In New York

by Fisher Phillips on

The New Year will bring a number of new employment laws to the Empire State and Big Apple. All employers with operations in New York should take note of these new laws — as well as significant laws that went into effect in...more

NY Governor Signals “Tipping” Point Over Elimination Of Minimum Wage Tip Credit

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Governor Andrew Cuomo has directed the Commissioner of Labor to schedule public hearings to address the possibility of eliminating the tip credit. A tip credit allows an employer to pay less than minimum...more

Governor Cuomo Contemplating Elimination Of Tip Credit

by Jackson Lewis P.C. on

Employers in New York currently are permitted to pay tipped workers a direct cash wage that is below the State minimum wage and take a “credit” for some of the tips received by employees to satisfy the difference between the...more

Labor Department Proposes A Reversal Of Its Current Tip-Pooling Rules

by Foley & Lardner LLP on

On December 5, the Department of Labor published a Notice of Proposed Rulemaking to reverse its 2011 rule prohibiting employers from sharing tips obtained by service workers with non-tipped staff. The proposed rule would...more

Beltway Buzz - December, 2017 #2

Another hectic week here in D.C. has us feeling like we’re living in a glass case of emotion. Here’s why...more

DOL’s Tip of the Hat to Back-of-the-House Employees: New NPRM to Rescind 2011 Regs

In response to significant pressure from the hospitality industry—specifically, the restaurant industry—as well as increasing litigation and changes to reduce or eliminate the use of tip credits at the state level, the U.S....more

DOL Proposes Repeal of Obama-Era Tip Credit Rule

Last week, the federal Department of Labor’s Wage and Hour Division proposed repealing a controversial regulation affecting employers in the hospitality industry. The regulation interpreted a provision of the Fair Labor...more

Explanation of the DOL's Proposed Rules on Tips

by Franczek Radelet P.C. on

There’s been plenty of press regarding the U.S. Department of Labor’s proposed rules governing employer treatment of tips. Commentators are debating whether the proposed changes are a sensible return to the four corners of...more

Food & Beverage Litigation Update | December 2017#2

by Shook, Hardy & Bacon L.L.P. on

A state senator in Pennsylvania has reportedly announced plans to introduce a bill that would bar any municipality in the state from levying a tax on sugar-sweetened beverages (SSBs). If enacted, the bill could invalidate the...more

DOL's Proposed Rule Change to Give Employers Increased Flexibility to Distribute or Retain Tips from Employees Earning the Full...

by FordHarrison on

On December 5, 2017, the U.S. Department of Labor (DOL) published its Notice of Proposed Rulemaking (NPRM) to reverse the Obama Administration’s tip rule prohibiting the distribution of tips to anyone other than the...more

USDOL Seeks To Narrow Tip-Retention Prohibition

by Fisher Phillips on

We have previously written about the U.S. Department of Labor's position adopted in 2011 saying that an employer may not retain any of an employee's tips even if management: • Takes no tip-credit under the federal Fair...more

New York State’s Minimum Wage and Tip Credits Will Increase Effective December 31, 2017

As we have previously reported, New York State’s Minimum Wage Orders set forth a schedule that provides for the automatic annual increase of, among other things, the salary basis thresholds for overtime exempt employees, the...more

DOL Issues Proposed Rule to Rescind 2011 Regulations that Impose Tip-Sharing Restrictions on Employers that Pay the Full Federal...

by Littler on

The U.S. Department of Labor (DOL) has issued a proposed rule to rescind the Department’s position that employers must comply with tip-pooling requirements even when paying the full minimum wage. ...more

The DOL Proposes to Cut Tip-Pooling Restrictions

by Ballard Spahr LLP on

The U.S. Department of Labor (DOL) is proposing new rules that would provide some employers with more flexibility to count tips toward the federal minimum wage—particularly important for hospitality industry businesses such...more

Tip-Pooling Expansion on the Horizon

The U.S. Department of Labor (DOL) has proposed to roll back regulations enacted in 2011 that limited tip-pooling arrangements under the Fair Labor Standards Act (FLSA). The proposed rule was published December 5 in the...more

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