News & Analysis as of

Tip Credit Minimum Wage Wage and Hour

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

New Jersey Bill to Eliminate Minimum Wage Tip Credit Will Impact Hospitality Industry

New Jersey stands at a crossroads regarding the compensation of tipped workers. Introduced on March 10, 2025, Assembly Bill A5433 proposes a significant change to the New Jersey Wage and Hour Law: phasing out the “tip...more

Amundsen Davis LLC

Department of Labor Clarifies Management Cannot Keep Tips From a Tip Pool and Reverts Back to the Dual Jobs Rule

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In January, the U.S. Department of Labor (DOL) issued an opinion letter clarifying managers and supervisors still cannot receive or keep tips, including from a tip pool. This came shortly after the DOL restored the dual...more

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

Michigan Amends Its Minimum Wage Law With Additional Changes

On February 21, 2025, Governor Gretchen Whitmer signed Senate Bill 8, amending the Improved Workforce Opportunity Wage Act (IWOWA)—Michigan’s minimum wage law—which was set to be reinstated effective the same day. The...more

Jackson Lewis P.C.

A Mixed Bag for Michigan Employers: Legislature Accelerates Minimum Wage Increases but Saves the Tip Credit

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The Michigan legislature amended the state’s Wage Act on Feb. 20, 2025, in a compromise measure that accelerated the schedule of minimum wage increases but staved off a complete phaseout of the tip credit for workers who...more

Littler

Michigan’s 11th-Hour Changes to Minimum Wage, Tip, and Paid Sick Leave Standards

Littler on

On February 21, 2025, Governor Gretchen Whitmer signed Senate Bill 8 and House Bill 4002, which, effective immediately, revise minimum wage, tip, and paid sick leave standards Michigan employers were expecting to take effect...more

Fisher Phillips

Michigan Lawmakers Rush to Smooth Over Paid Sick Leave and Minimum Wage Rules Set to Take Effect Next Month: 8 Key Takeaways for...

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Good news is likely coming for Michigan employers related to the state minimum wage and paid sick leave laws set to take effect February 21. Last week, both chambers of the state legislature introduced separate sets of bills...more

Littler

New Minimum Wage Takes Effect in Boulder, Colorado

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The City of Boulder has enacted its own local minimum wage ordinance, which took effect January 1, 2025, setting the city’s minimum wage at $15.57 per hour. The new law adds another challenge to multi-jurisdiction compliance...more

Epstein Becker & Green

Many State and Local Minimum Wages Increased on January 1, 2025

Once again, we rang in the new year with a great many state and local minimum wage increases. This year, 23 states—and several counties and cities—will increase their minimum wages and, where applicable, tipped minimum...more

Fisher Phillips

Labor Department Withdraws Onerous 80/20/30 Tip Credit Rule: 5 Practical Tips for Employers

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If you take the tip credit for employees that receive gratuities, you’ll want to review your policies and practices in light of Monday’s game-changing announcement from the U.S. Department of Labor (DOL). The Department...more

Jackson Lewis P.C.

DOL Returns to Pre-2021 Dual Jobs Regulation for Tipped Employees

Jackson Lewis P.C. on

The U.S. Department of Labor (DOL) published a final rule on Dec. 17, 2024, restoring the pre-2021 language of the “dual jobs” regulation for tipped employees under the Fair Labor Standards Act (FLSA). This is a technical...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

Perkins Coie

Massachusetts Voters Retain Subminimum Wage for Tipped Employees

Perkins Coie on

On election day Massachusetts voters were given the opportunity to vote on the Fair Wage for Tipped Workers Act, a ballot measure, referred to as Question 5, that would have gradually increased pay for tipped workers until it...more

Epstein Becker & Green

Voters Decide on State Minimum Wages and Other Workplace Issues

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On Election Day 2024, voters in six states weighed in on ballot initiatives that addressed several employment law topics....more

Fisher Phillips

Massachusetts Voters Retain Current Tip Credit Law – What Does Your Restaurant Need to Know?

Fisher Phillips on

In the recent Massachusetts state election, voters faced a pivotal decision on a ballot initiative aiming to eliminate the tip credit system. The proposal sought to require employers to pay tipped employees the full state...more

Fox Rothschild LLP

Massachusetts Voters Reject Ballot Measure Requiring Tipped Employees to Be Paid Full Minimum Wage—Is this a New Trend?

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Should tipped employees be paid the full minimum wage? Massachusetts residents voted a resounding “No” and rejected a proposed change to the state’s minimum wage law that would have required tipped employees to be paid 100%...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

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

Littler

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

Littler on

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

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

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

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

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

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