#WorkforceWednesday: OSHA’s Updated COVID-19 Guidance, CDC’s New Mask Guidance, Biden Administration Rollbacks - Employment Law This Week®
II-30- Tackling 3 Big Wage and Hour Questions for Employers
Employment Law This Week®: Special “Wage and Hour” Edition
Employment Law This Week®: Class Action Waiver Cases, Rescission of Tip-Pooling Restrictions, Title VII & Sexual Orientation, Updated Form I-9
Employment Law This Week: Sexual Orientation Discrimination Suits, Tip Pooling, Successor Liability, Trade Secrets, Workplace Solicitation
Two class actions were filed in 2024 against Jeff Ruby Culinary (“JRC”) for violations of the Fair Labor Standards Act (‘FLSA”). The classes were made up of over 700 former employees and the claims asserted that JRC had...more
With warmer weather and school breaks just around the corner, businesses are starting to ramp up hiring for the summer season. For hotels, restaurants, and other hospitality businesses, this also means navigating an...more
Welcome to your monthly legal insights on the trends impacting the Retail, Hospitality, and Food & Beverage Industries....more
Share on Twitter Print Share by Email Share Back to top The proliferation of wage and hour class actions throughout the United States over the past twenty years is well-documented. A recent federal court decision involving a...more
In Green v. Perry’s Restaurants Ltd., No. 21-cv-0023-WJM-NRN (D. Colo. Feb. 3, 2026), the federal court in Colorado delivered a significant victory for tipped employees and restaurant workers, ruling that Perry’s Steakhouse...more
With a little more than a year of the Second Trump Administration in the books, we are getting a better idea of the President’s priorities, including at the U.S. DOL’s Wage and Hour Division (“WHD”). Rulemaking plans...more
On January 1, 2026, a number of important legislative changes came into effect in several provinces across Canada. These changes affect employee rights and employer obligations, and may require updates to an employer’s...more
The U.S. Congress made waves this year after enacting the One Big Beautiful Bill Act (OBBB Act), which provides no tax on tips (or overtime) through 2028. ...more
The end of something is always the beginning of something else. That always rings true for years’ end and new employment laws. It is time, once again, for all employers to sit down, buckle up, and get ready for the 2026...more
For California employers, particularly those in the hospitality and service industries where tipping is customary, remaining compliant with all wage and hour laws has always been paramount. However, a significant development...more
On September 30, 2025, the U.S. Department of Labor’s Wage and Hour Division released four new opinion letters interpreting the Fair Labor Standards Act (FLSA) and the Family and Medical Leave Act (FMLA). ...more
I recently received a U.S. Department of Labor opinion letter addressing a client inquiry about whether an oyster shucker working in the “front of the house” may participate in a tip pool under the Fair Labor Standards Act....more
In a closely watched decision at the intersection of wage-and-hour law and class procedure, the U.S. Court of Appeals for the Third Circuit has resolved a question that had long divided district courts: can a Rule 23 opt-out...more
It’s time to update those handbooks for 2026 and while there are numerous new laws California employers must comply with, not all of them are, what I call, “handbook worthy.” Here are three changes I’m making to this year’s...more
The U.S. Department of Labor’s Wage and Hour Division (DOL) issued four official guidance letters (“opinion letters”) on September 30, 2025. These letters explain how federal wage-and-hour and leave laws apply in common...more
On Sept. 30, 2025, the U.S. Department of Labor issued four opinion letters on a range of issues under the Fair Labor Standards Act (FLSA) and Family and Medical Leave Act (FMLA). Three opinion letters offer guidance on...more
The Department of Labor’s (DOL) September 30, 2025 Opinion Letter FLSA2025-03 brings welcome clarity for restaurants and hospitality employers navigating complex tip pooling requirements. By way of background, a DOL...more
DOL’s latest opinion letter cracks open tip pooling rules for customer-facing oyster shuckers. The world of tip pooling under the Fair Labor Standards Act (FLSA) is a perennial source of confusion and litigation for...more
The U.S. Department of Labor Wage and Hour Division issued three new opinion letters interpreting the Fair Labor Standards Act (FLSA) on Sept. 30, 2025. The letters are the first of the new administration and clarify...more
On September 30, before the federal government shutdown, the Wage and Hour Division of the U.S. Department of Labor issued four opinion letters on issues of interest to employers. All four of the letters were written by...more
One day before the government shutdown, on September 30, 2025, the U.S. Department of Labor (DOL) issued four opinion letters, including FLSA2025-03, which condones including front-of-house oyster shuckers in traditional tip...more
On September 30, 2025, the U.S. Department of Labor (DOL) issued an opinion letter reaffirming its longstanding approach to determining which employees “customarily and regularly” receive tips for purposes of compliance with...more
Is an oyster shucker who works in the “front of the house” allowed to share in the tip pool? Are a hotel restaurant and related members club joint employers for overtime purposes? The US Department of Labor (DOL) recently...more
These days, restaurant bills are more confusing than ever. Even as an employment attorney in the hospitality industry, I often find myself scratching my head at the various additional service charges, automatic gratuity...more
New federal tip and overtime deductions effective in 2025 require employers to reassess payroll, reporting and compliance practices across jurisdictions. The OBBBA introduces new federal deductions for qualified tips and...more