News & Analysis as of

Tip-Pooling Opinion Letter

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

DOL Clarifies That Managers and Supervisors Can’t Wear Two Hats When It Comes to Tips

On January 14, 2025, the U.S. Department of Labor (DOL) issued Opinion Letter FLSA2025-1 pertaining to managers’ participation in a tip pool at a “quick service restaurant.” ...more

Vedder Price

DOL Reaffirms That Managers And Supervisors May Not Participate In Tip Pools

Vedder Price on

On December 18, 2024, the DOL issued opinion letter FLSA2024-02, reaffirming its position that managers and supervisors are prohibited from participating in tip pools under any circumstances....more

Fisher Phillips

Can You Include Sushi Chefs — and Other Unique Positions — in Your Tip Pool? 5 Key Questions for Restaurateurs to Review

Fisher Phillips on

Do you utilize a tip pool in your restaurant? If so, you are likely aware of the various rules on maintaining a valid, lawful tip pool under the federal Fair Labor Standards Act (FLSA) and applicable state laws. You surely...more

Epstein Becker & Green

#WorkforceWednesday: OSHA’s Updated COVID-19 Guidance, CDC’s New Mask Guidance, Biden Administration Rollbacks - Employment Law...

Epstein Becker & Green on

Welcome to #WorkforceWednesday. This week, we look at updated safety and mask guidance and the top workplace regulations the Biden administration has rolled back. OSHA Updates COVID-19 Guidance In response to President...more

Constangy, Brooks, Smith & Prophete, LLP

Biden Time: Not Much For Employers To Cheer About

Tougher EEOC and OFCCP, a legal challenge at NLRB, and more. NOTE FROM ROBIN: In this limited-edition "Biden Time" series, I provide regular updates on the new President's appointments and other actions that will be of...more

Roetzel & Andress

Not So Fast: DOL Freezes Rules That Have Not Yet Become Effective And Rescinds Opinion Letters

Roetzel & Andress on

On January 20, 2021, the Biden administration issued a regulatory freeze memorandum requesting that executive departments and agencies delay the effective date of any non-emergency rule published but that had not yet become...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

FordHarrison

The DOL Releases Opinion Letters Regarding the Participation of Hosts and Hostesses in Tip Pools and the Proper Calculation of...

FordHarrison on

On January 15, 2021, the U.S. Department of Labor’s Wage and Hour Division released two opinion letters providing guidance on two respective issues pertaining to tipped employees....more

Jackson Lewis P.C.

2020 Wage & Hour Developments: A Year In Review

Jackson Lewis P.C. on

In 2020, federal and state laws regulating wages and hours of work continued to change and develop, expanding in some areas, and contracting in others. In “2020 Wage & Hour Developments: A Year in Review,” we look back on...more

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

The Employment Law Authority - January/ February 2018

Between September 26, 2017, when for the first time in nearly a decade Republicans controlled the majority at the National Labor Relations Board (NLRB), and December 16, 2017, when Chairman Philip Miscimarra’s term expired...more

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