Executive Summary: On September 5, 2022, California Governor Gavin Newsom signed A.B. 257, the Fast Food Accountability Recovery Act or FAST Recovery Act. The law was strongly supported by unions and will impact more than...more
On October 29, 2021, the U.S. Department of Labor (DOL) published its Final Rule related to tipped employees. It is effective December 28, 2021. DOL had issued a Notice of Proposed Rulemaking (NPRM) on June 21, 2021,...more
11/24/2021
/ Department of Labor (DOL) ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Food Service Workers ,
Labor Reform ,
Labor Regulations ,
Minimum Wage ,
NPRM ,
Regulatory Standards ,
Restaurant Industry ,
Tip Credit ,
Tipped Employees ,
Tips ,
Wage and Hour
On September 23, 2021, the U.S. Department of Labor (DOL) issued its latest rule related to tip pooling. The rule modifies and clarifies aspects of a rule previously issued by the Trump administration. ...more
10/4/2021
/ Department of Labor (DOL) ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Food Service Workers ,
Hospitality Industry ,
Labor Reform ,
Labor Regulations ,
Minimum Wage ,
New Guidance ,
Regulatory Standards ,
Restaurant Industry ,
Tip Credit ,
Tip-Pooling ,
Tipped Employees ,
Tips ,
Wage and Hour
Executive Summary: On November 5, 2019, a federal district court in Ohio issued a decision clarifying the law governing whether owners of 73 Papa John’s franchised locations violated the Fair Labor Standards Act (FLSA) by...more
11/11/2019
/ Compensation & Benefits ,
Delivery Drivers ,
Department of Labor (DOL) ,
Fair Labor Standards Act (FLSA) ,
Field Operations Manual ,
Food Service Workers ,
Franchises ,
Mileage Reimbursement ,
Papa John's International ,
Regulatory Violations ,
Restaurant Industry ,
Wage and Hour
Executive Summary: As summer is now in full swing, we find it timely to distribute our Restaurant Employment Law Compliance Checklist. The following 12 topics create compliance challenges in the restaurant industry –...more
7/8/2019
/ #MeToo ,
Americans with Disabilities Act (ADA) ,
Arbitration Agreements ,
Ban the Box ,
Child Labor ,
Decriminalization of Marijuana ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay Act ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Food Service Workers ,
Joint Employers ,
Marijuana ,
Minimum Wage ,
Misclassification ,
Over-Time ,
Paid Leave ,
Pay Equity Laws ,
Public Accommodation ,
Restaurant Industry ,
Restrictive Covenants ,
Sexual Harassment ,
Wage and Hour
The Department of Labor’s Wage and Hour Division (WHD) has announced it will no longer apply the “80/20 rule” to tipped employees, and will no longer require employers to pay the full minimum wage for time spent by a tipped...more
11/13/2018
/ Department of Labor (DOL) ,
Deregulation ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Food Service Workers ,
Hospitality Industry ,
Minimum Wage ,
Regulatory Reform ,
Regulatory Standards ,
Restaurant Industry ,
Tip Credit ,
Tipped Employees ,
Tips ,
Wage and Hour
On September 18, 2018, a year after a three-judge panel of the United States Court of Appeals for the Ninth Circuit affirmed the dismissal of Marsh v. J. Alexander’s LLC, 869 F.3d 1108, a larger en banc panel of the court has...more
10/4/2018
/ Appeals ,
Department of Labor (DOL) ,
Dismissals ,
Food Service Workers ,
Hospitality Industry ,
Hotels ,
Job Descriptions ,
Minimum Wage ,
Restaurant Industry ,
Tipped Employees ,
Tips ,
Wage and Hour ,
Wages
On April 23, 2018, employees at a Portland, Oregon location of the fast food restaurant chain Burgerville voted to unionize. After a nearly two-year campaign, the Industrial Workers of the World Portland Chapter...more
On February 16, 2018, the United States Court of Appeals for the Ninth Circuit granted en banc review of Marsh v. J. Alexander’s LLC, 869 F.3d 1108, creating a new layer of uncertainty for hospitality employers....more
3/16/2018
/ Department of Labor (DOL) ,
Employer Liability Issues ,
Employment Litigation ,
En Banc Review ,
Fair Labor Standards Act (FLSA) ,
Food Service Workers ,
Hospitality Industry ,
Minimum Wage ,
Regulatory Standards ,
Restaurant Industry ,
Tip Credit ,
Tipped Employees ,
Tips ,
Wage and Hour
On June 30, 2017, the U.S. Court of Appeals for the Tenth Circuit ruled in Marlow v. The New Food Guy, Inc. d/b/a Relish Catering (Relish) that neither the Fair Labor Standards Act (FLSA) nor a Department of Labor (DOL)...more