Real World Impact: The Fifth Circuit Court of Appeals' recent decision vacating the U.S. Department of Labor’s (DOL) rule regarding tipped employees means the rule is no longer in effect nationwide. This is a major victory...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
On May 1, 2020, OSHA issued an alert with safety tips for restaurant and food and beverage businesses as they provide curbside and takeout service....more
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 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
Over the last two years fast-food workers have engaged in walkouts and other activities protesting their wages and seeking an increase to $15/hr. Numerous unfair labor practice charges have been filed with the National Labor...more
8/7/2014
/ Employee Rights ,
Franchisors ,
Joint Employers ,
Minimum Wage ,
NLRA ,
NLRB ,
Popular ,
Resorts & Restaurants ,
Restaurant Industry ,
Wage and Hour ,
Wages