The U.S. Court of Appeals for the 5th Circuit recently vacated the U.S. Department of Labor’s (DOL) latest provisions of its Tip Regulations Under the Fair Labor Standards Act, colloquially known as the 80/20/30 Rule through...more
8/29/2024
/ Administrative Procedure Act ,
Arbitrary and Capricious ,
Department of Labor (DOL) ,
Fair Labor Standards Act (FLSA) ,
Job Duties ,
Loper Bright Enterprises v Raimondo ,
Minimum Wage ,
Restaurant Industry ,
Statutory Interpretation ,
Tip Credit ,
Tipped Employees ,
Tips ,
Wage and Hour
The New York State Department of Labor (NYSDOL) has published updated versions of its sexual harassment prevention materials. Specifically, the NYSDOL updated the following: (1) the model sexual harassment policy; (2) the...more
On October 29, 2021, the Wage and Hour Division of the U.S. Department of Labor (DOL) published the last provisions of its “Tip Regulations Under the Fair Labor Standards Act,” also known as the 2020 Final Tip Rule.
As...more
On June 21, 2021, the U.S. Department of Labor (DOL) announced proposed rules setting forth new tip regulations under the Fair Labor Standards Act (FLSA).
These new rules would reinstate the so-called “80/20” rule under...more
The United States Department of Labor (DOL) issued a final rule (Final Rule) on December 22, 2020, addressing tipped employees and the Fair Labor Standards Act (FLSA). The Final Rule was implemented as a result of the...more
The New Jersey Department of Labor and Workforce Development (NJDOL) announced new regulations on August 14 to protect tipped workers. The new regulations detail the rules for employers of tipped employees that were...more
New York rang in the new year with a pair of significant labor law developments. Governor Andrew Cuomo announced on December 31 that the Department of Labor would end the tip credit for “miscellaneous” industries by the end...more
The U.S. Department of Labor has proposed a new rule to allow employers who do not take a tip credit to establish “nontraditional” tip pools that include back-of-the-house employees and others who are not traditionally...more
The New York State Department of Labor has issued proposed regulations that would change the current rules for call-in pay across the state and add new requirements that employees be paid when their shifts are cancelled, they...more
The U.S. Department of Labor’s (DOL) Wage and Hour Division reissued an Opinion Letter from 2009 that addresses whether and when employers may take a tip credit for employees who work dual jobs (e.g. as a server and a...more