News & Analysis as of

Tip-Pooling

Ervin Cohen & Jessup LLP

Who Belongs in Tip Pools? California and Federal Law Conclude that Kitchen Staff May Be Included

by Ervin Cohen & Jessup LLP on

California employers can now include back-of-the-house workers (e.g., dishwashers, cooks, and chefs) in their tip pool systems. The rule seems simple enough, however, the path to this conclusion was a rather contentious...more

LeClairRyan

Accountant and Attorney Liability NewsBrief - Summer 2018

by LeClairRyan on

Our attorneys have published the Summer 2018 edition of LeClairRyan's Accountant and Attorney Liability NewsBrief. Please see full Publication below for more information. ...more

Norris McLaughlin & Marcus, P.A.

FLSA Amendments Prohibit Employers from Taking Employees’ Tips

Now that weather is heating up, the idea of taking a refreshing dip in the pool seems very appealing. Due to recent changes to the federal Fair Labor Standards Act (“FLSA”), however, employers in the bar and restaurant...more

Baker Donelson

Here's a Tip: Proceed with Caution on Tip-Pooling

by Baker Donelson on

In passing the omnibus spending bill earlier this year, Congress included an amendment to the Fair Labor Standards Act (FLSA) that significantly changed the rules for pooling/splitting tips. The amended rules have been in...more

Baker Donelson

How to Avoid Costly Improper Pay Practices: The $50 Million Question

by Baker Donelson on

There are many questions, some of which can be very complex, that employers should evaluate in order to avoid potentially exorbitant costs associated with improper pay practices under the Fair Labor Standards Act (FLSA),...more

McNees Wallace & Nurick LLC

Congress Takes a Dip in the Tip Pool

by McNees Wallace & Nurick LLC on

President Trump recently signed into law Congress’ $1.3 trillion, 2,232-page omnibus budget bill. Notably, tucked away on page 2,025 of the bill, Congress amended the Fair Labor Standards Act to address rules affecting...more

Littler

Agencies Release Regulatory Roadmap for 2018 and Beyond

by Littler on

The latest Unified Agenda of Regulatory and Deregulatory Actions ("spring agenda") continues this administration's trend of adding fewer new rules and reexamining older ones. ...more

Parker Poe Adams & Bernstein LLP

U.S. Labor Department Issues Field Bulletin on New Tip Credit Rules

As we previously reported, the recent federal budget legislation includes a new amendment to the Fair Labor Standards Act that resolves a dispute over tip pooling practices. The law overrules a 2011 Department of Labor...more

Nexsen Pruet, PLLC

The Tip Pool Saga Continues - Congress Moves to Allow Back-of-the-House Restaurant Workers to Participate in Tip Pools and Bans...

by Nexsen Pruet, PLLC on

In the past year, the U.S. Department of Labor (DOL) has made several announcements concerning the evolution of the tip pooling rules. These have focused on employees who had been banned from inclusion in a tip pooling...more

Littler

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

by Littler on

It may not have been showering minimum wage, tip, and overtime developments in April, but there was a sprinkling at the federal, state, and local levels. ...more

LeClairRyan

The Tip Income Protection Act — Changes to Tip Pooling

by LeClairRyan on

The Tip Income Protection Act of 2018 (“the Act”) was signed into law on March 23, 2018 as part of the omnibus spending bill. The Act, buried in the 2,323 pages of the bill, amends the Fair Labor Standards Act (FLSA) and...more

Hirschfeld Kraemer LLP

“Back of House” Tip Pooling Could Land California Employers in Hot Water

by Hirschfeld Kraemer LLP on

As mentioned in our blog post on the Department of Labor’s (“Department”) new opinion letters clarifying aspects of the Fair Labor Standards Act (“FLSA”), April has seen a lot of changes and clarifications to the FLSA. One...more

Buchalter

The Consolidated Appropriations Act: Tipping in The Hospitality Industry

by Buchalter on

Despite threatening a veto, President Trump signed the 2018 Consolidated Appropriations Act (Public Law No. 115-141) on March 23, 2018. The Act is more than 2000 pages in length....more

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

Beltway Buzz - April, 2018 #2

Ryan Retires. House Speaker Paul Ryan (R-WI) announced on April 11 that he won’t seek reelection in November. While Ryan is much more of a budget wonk than a labor guru, the Buzz will be monitoring the impacts of this...more

Schwabe, Williamson & Wyatt PC

Congress Paves the Way for Tip Pooling to Include Back-of-the-House Employees

The history of tip pooling for employers who do not utilize a tip credit has been a rocky one. Past articles on this site have chronicled an employer’s ability to pool and distribute tips to all employees, including those in...more

FordHarrison

DOL Clarifies Tip Pooling Law

by FordHarrison on

As reported last week, on March 23rd, President Trump signed into law a massive spending bill that, among other things, amended the Fair Labor Standards Act (FLSA) to clarify that a manager or supervisor may not keep his...more

Littler

DOL Clarifies Amendment to the FLSA's Tip Pool Rules

by Littler on

On March 27, 2018, President Donald Trump signed into law Congress’s $1.3 trillion, 2,232-page omnibus budget bill, the Consolidated Appropriations Act, 2018. ...more

Franczek Radelet P.C.

New Tip Pool Rules - Changes to the FLSA and DOL Guidance

by Franczek Radelet P.C. on

If you’ve been paying attention to the news relating to wage and hour law (and really, who isn’t?), you may recently have heard quite a bit about new federal rules on tipped employees, and more recently Congress stepping in...more

Sheppard Mullin Richter & Hampton LLP

New Tip Pooling Guidelines For Employers

The recent passage of the Consolidated Appropriations Act of 2018 (“H.R. 1625”), an 878-page omnibus spending bill, significantly changes the rules for tip pooling under the Fair Labor Standards Act (the “FLSA”). While the...more

Jackson Lewis P.C.

Department Of Labor Issues Initial Guidance On Tip Pooling Amendment

by Jackson Lewis P.C. on

This week the Department of Labor issued new guidance, in a “Field Assistance Bulletin,” on the recent amendment to the FLSA regarding tip sharing. The recent amendment to the FLSA (which was included in the omnibus budget...more

Fisher Phillips

Web Exclusive: March 2018: The Top 13 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 all through 2017. And if the first three months...more

Fox Rothschild LLP

Tip Pooling Updates

by Fox Rothschild LLP on

The Fair Labor Standards Act now permits back-of house employees to participate in mandatory tip pools, provided no tip credit is taken against minimum wage. The Consolidated Appropriations Act, 2018 budget bill effectively...more

Garvey Schubert Barer

The Tip Pooling Saga: What Employers Need to Know with Tip Pooling Being Legal Once Again

by Garvey Schubert Barer on

Just when it seemed that service charges were all the rage, tip pooling has reemerged to grab the headlines. Making the rounds from courts to agencies, and now Congress, the issue appears to have been settled by Congress that...more

Cozen O'Connor

II-30- Tackling 3 Big Wage and Hour Questions for Employers

by Cozen O'Connor on

Wage and hour issues continue to keep employers up at night, with new lawsuits and potential exposure not diminishing any time soon. Today’s episode tackles three important questions in this area: the meaning and potential...more

Davis Wright Tremaine LLP

Tip Pooling With Back-Of-House Is IN (in Most States); Manager and Supervisor Tip-Sharing Is OUT

by Davis Wright Tremaine LLP on

The Fair Labor Standards Act now permits many employers to include back-of-house employees in tip pools, and prohibits employer, manager, and supervisor participation. On March 23, 2018, President Trump signed the new...more

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