Looking back at 2021 and ahead to 2022
FLSA and Wage and Hour Issues for Restaurants
#WorkforceWednesday: Mandatory Vaccination, Tipped Worker Rule, and SCOTUS Rules Against Organized Labor - Employment Law This Week®
Reporting Cash Tips to the IRS [More with McGlinchey, Ep. 24]
#WorkforceWednesday: EEOC Withdraws, DOL Rolls Back, and OSHA Expands - Employment Law This Week®
Employment Law Now IV-86- 3 Quick Hits: FFCRA Extension, Trump Executive Order, and New DOL Tipping Rule
II-36- Holiday Party Tips, the 2018/2019 Federal Regulatory Agenda, and Noteworthy Cases On Suing and Being Sued
On August 23, 2024, the Fifth Circuit, in Restaurant Law Center v. U.S. Department of Labor, No. 23-50562 (Aug. 23, 2024), struck down the Department of Labor’s (“DOL”) 2021 rule restricting an employer’s ability to claim tip...more
A trio of cases before the United States Court of Appeals for the Fifth Circuit have challenged the core of US Department of Labor rulemaking. With varying levels of success. Restaurant Law Center v. DOL pertains to the DOL’s...more
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
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
In a highly anticipated opinion, on August 23, 2024, the Fifth Circuit in Restaurant Law Center v. U.S. Department of Labor (Case No. 23-50562) struck down a Final Rule promulgated by the U.S. Department of Labor (DOL) that...more
How the FLSA “tip credit” is applied has been pushed and pulled numerous times over the last two decades. In the latest volley, the Fifth Circuit entered an order on August 23, 2024, vacating the Department of Labor’s 2021...more
Tips from Seyfarth is a blog series for employers, and their in-house lawyers and HR, payroll, and compensation professionals, in the food, beverage, and hospitality sector. We curate wage and hour compliance “tips” to keep...more
After the UK general election was announced, the following legislation was approved by Parliament during what is known as 'the wash-up' period towards the end of May 2024. Some of these require further regulations to bring...more
The Michigan Supreme Court has written the latest, and perhaps last, chapter of an ongoing saga affecting most Michigan employers. In Mothering Justice v. Attorney General, the Michigan Supreme Court fully restored sweeping...more
On July 31, 2024, the Michigan Supreme Court, in a 4-to-3 decision, found unconstitutional legislative amendments that significantly revised minimum wage, tip, and paid sick leave standards....more
While some across the United States are working on their tans, many employers are working on managing their labor budgets so they don’t get burned by increases in minimum pay standards for non-exempt, tipped, and certain...more
Many restaurants utilize tip pools to encourage teamwork, consistency, and customer-focused service – but you may be confused about who can and can’t participate in the pool. You feel confident that your servers and...more
District of Columbia employers with tipped wage workers have until May 31, 2024 to submit both their policy and recorded harassment complaints to demonstrate compliance with the District’s sexual harassment mandate....more
The Massachusetts Wage Act, which strictly requires employees to be paid on time and in full, comes with many traps for the unwary. This is particularly the case for employers who have tipped employees. It can be a large...more
The District of Columbia’s Tipped Wage Workers Fairness Amendment Act (TWWFAA) continues to be a big talking point for the hospitality industry. Among other things, the TWWFAA requires D.C. employers that employ a tip credit...more
Washington, D.C. is poised to extend the reach of its minimum wage requirements. On January 10, 2024, Washington D.C. Mayor Bowser signed the Minimum Wage Clarification Amendment Act of 2023 (B25-0134) (the “Amendment”),...more
On January 11, 2024, at 12:15 p.m., Governor Janet Mills declared a state of emergency in Cumberland County as a result of the severe storm earlier in the week. The state of emergency will expire January 18, 2024, at 12:15....more
On January 11, 2023, at 12:15 p.m., Governor Janet Mills declared a state of emergency in Cumberland County as a result of the severe storm earlier in the week. As Portland, Maine employers may recall, when the State issues a...more
New Jersey’s new mandatory minimum wage requirement will be effective January 1, 2024. For most employers, the 2024 minimum wage for compensating employees will be $15.13 per hour (up from $14.13 per hour in 2023)....more
Almost half of the states, and several major localities, will increase their minimum wage rates in 2024, with a majority of the changes effective on January 1, 2024. The table below lists state and certain major locality...more
As 2023 comes to a close, employers should be aware of the hourly minimum wage rate increases set to take effect in various jurisdictions on January 1, 2024. 22 states and more than 40 local jurisdictions will ring in the New...more
It’s time again for a look at scheduled state- and local-level wage increases that will take effect on January 1, 2024, along with some rate changes that occurred in late 2023 before publication. Employers can use this...more
Wednesday, November 8, 2023: US DOL Honored 859 Civilian Employers with 2023 HIRE Vets Medallion Awards - Corresponding with Veterans Day 2023, the U.S. Department of Labor’s Veterans Employment and Training Service...more