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®
II-36- Holiday Party Tips, the 2018/2019 Federal Regulatory Agenda, and Noteworthy Cases On Suing and Being Sued
The Fair Labor Standards Act (FLSA) and state or local wage-and-hour statutes establish federal and state minimum wage, overtime pay, and recordkeeping requirements. All restaurants are subject to either the FLSA or state or...more
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 have been an unprecedented number of changes for the past few years—and this past month...more
Many employers may—understandably—view gratuities as discretionary payments that customers leave in exchange for superior service. After all, federal wage and hour regulations define “tips” as “sum[s] presented by a customer...more
Restaurants are getting hit with tip-pooling class action lawsuits. Now is the time to audit your practices, or, at the very least, review your tip pooling policies. This is especially important for Minnesota restaurateurs,...more
A recent settlement between Seattle chef Tom Douglas and his restaurant employees highlights the potentially costly technical requirements of Washington’s automatic service charge laws for hospitality businesses. ...more
It’s the week before Christmas, and in our practice group meeting, We look back and consider the year that’s completing. The wage-hour nuggets that earn all our favor, Wond’ring “Is this the last time I’ll be rhyming ‘class...more
Country clubs and other private clubs have traditionally utilized service charges on food and beverage sales to supplement their revenue. In most cases, this supplemental revenue is used to pay higher wages to all employees...more
At the end of last year, a federal court in Massachusetts found that a forum selection clause in an Iowa company’s standard form service-provider agreement did not apply to claims asserted under the Fair Labor Standards Act...more
Labor and Employment - Plaintiff Wage and Hour Lawsuits Continue to Climb - Wage and hour litigation has become what some call the new "workplace revolution." Data from the Federal Judicial Center indicates that...more
Joining a budding national trend, renowned restaurateur Danny Meyer of Union Square Hospitality Group last week announced that he will eliminate formal tipping at his restaurants starting in 2016. Meyer stated that the new...more
We are excited to announce the 15th edition of Seyfarth Shaw’s publication Litigating California Wage & Hour and Labor Code Class Actions. As in previous editions, the publication discusses and analyzes the most commonly...more
In O’Connor v. Uber Technologies, Inc. (Filed 09/01/2015, No. C-13-3826 EMC), the United States District Court, Northern District of California, certified a class of approximately 160,000 current and former drivers of Uber in...more
Today was not a good day for Uber. It suffered its second setback from the federal district court judge hearing the independent contractor misclassification class action case brought by Uber drivers against the giant...more
Drivers brought a putative class action suit against Uber Technologies (“Uber”), the licensor of a software application used to connect drivers for hire with passengers, alleging that Uber failed to remit to drivers the full...more
“Many people look forward to the new year for a new start on old habits.” While the author to this famous New Year’s quote remains unknown, that certainly doesn’t make it any less true, including for employers. We hope that,...more
Recently, we shared with you an article published by our Alcoholic Beverage and Liquor License Practice Group regarding the use of employee tip pools. ...more
Avidor v. Sutter’s Place, Inc., No. H037142 (January 23, 2013): A California Court of Appeal recently upheld a casino’s tip-pooling arrangement with card dealers who work at the casino. In this case, a class of current and...more
The Eighth Circuit recently reaffirmed one of the central holdings of Dukes v. Wal-Mart—commonality is no longer a “rubber stamp.” In Luiken v. Domino’s Pizza, a Domino’s delivery driver sought to represent a class of about...more
Avidor v. Sutter’s Place, Inc., decided January 23, 2013, California Court of Appeal, Sixth Appellate District, involved a class action brought on behalf of card dealers employed by Sutter’s Place, a casino....more
For employers in Pennsylvania, 2012 was another eventful year in the world of wage and hour law. Even in the absence of new federal legislation, a number of noteworthy developments occurred at both the federal and state...more