Section 3(m) of the federal Fair Labor Standards Act ("FLSA") permits an employer to take the "tip credit" for "tipped employees". Certain requirements must be met though, including that the employee must earn a sufficient...more
As we previously wrote, Congress has now amended Section 3(m) of the federal Fair Labor Standards Act (FLSA) to prohibit an employer from "keep[ing] tips received by its employees for any purpose, including allowing managers...more
3/30/2018
/ Appeals ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Hospitality Industry ,
Minimum Wage ,
New Amendments ,
Proposed Rules ,
Restaurant Industry ,
Tip Credit ,
Tip-Pooling ,
Tipped Employees ,
Tips ,
Wage and Hour
The federal Fair Labor Standards Act (FLSA) establishes minimum wage and overtime requirements, period. The FLSA does not explicitly require that employers cover all work-related costs, nor, does it do so by specifically...more
We have previously written about the U.S. Department of Labor's position adopted in 2011 saying that an employer may not retain any of an employee's tips even if management:
• Takes no tip-credit under the federal Fair...more
12/6/2017
/ Comment Period ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Minimum Wage ,
Proposed Regulation ,
Public Comment ,
Tip Credit ,
Tip-Pooling ,
Tipped Employees ,
Tips ,
Wage and Hour
Legal issues surrounding tip credits have been in the spotlight throughout much of 2017, from significant court decisions to announcements by the U.S. Department of Labor (USDOL). But rather than setting forth clear rules,...more
12/4/2017
/ Department of Labor (DOL) ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Hospitality Industry ,
Legislative Agendas ,
Minimum Wage ,
Notice Requirements ,
Recordkeeping Requirements ,
Tip Credit ,
Tip-Pooling ,
Tipped Employees ,
Tips ,
Wage and Hour
In a welcome decision for employers, the Eleventh Circuit U.S. Court of Appeals (having jurisdiction over Alabama, Florida, and Georgia) recently ruled that a tipped employee for whom no federal Fair Labor Standards Act "tip...more
6/15/2017
/ Appeals ,
Corporate Counsel ,
Department of Labor (DOL) ,
Dismissals ,
Drivers ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Minimum Wage ,
Private Right of Action ,
Tip Credit ,
Tip-Pooling ,
Tipped Employees ,
Tips ,
Wage and Hour
Many employers are wondering whether Donald Trump's election means that they may now forget about the coming changes in the federal Fair Labor Standards Act's "white collar" definitions.
The answer is clear: The...more
Employers generally appreciate the importance of promptly, effectively, and consistently addressing an employee's inadequate performance. Not doing so can adversely affect productivity and workplace morale, can establish bad...more
Another federal appellate court, this time the Fifth Circuit U.S. Court of Appeals (with jurisdiction over Mississippi, Louisiana, and Texas) has rejected an employee's claim to have been entitled to federal Fair Labor...more
The U.S. Labor Department has now announced that, beginning on November 12, it will start enforcing its revised regulations governing the Fair Labor Standard Act's Section 13(a)(15) "companionship" exemption and Section...more
10/9/2015
/ Companionship Exemptions ,
Compliance ,
Department of Labor (DOL) ,
Domestic Workers ,
Enforcement Actions ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Healthcare ,
Home Health Agencies ,
Home Health Care ,
Home Healthcare Workers ,
Unpaid Overtime ,
Wage and Hour
As we recently reported, the U.S. Department of Labor's changes in its regulations governing the Fair Labor Standard Act's Section 13(a)(15) "companionship" exemption and Section 13(b)(21) overtime exemption for "live-in...more
9/15/2015
/ Appeals ,
Companionship Exemptions ,
Compliance ,
Department of Labor (DOL) ,
Domestic Workers ,
Employer Mandates ,
Enforcement Actions ,
Fair Labor Standards Act (FLSA) ,
Federal Register ,
Home Health Agencies ,
Home Health Care ,
Home Healthcare Workers ,
Minimum Wage ,
Unpaid Overtime ,
Wage and Hour
Last month, the U.S. Department of Labor (USDOL) issued an Administrator's Interpretation aimed at addressing what it characterizes as the “problematic trend” of employers misclassifying workers as independent contractors...more
9/2/2015
/ Administrative Interpretation ,
Affordable Care Act ,
Best Practices ,
Department of Labor (DOL) ,
Economic Realities Test ,
Employee Definition ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Hospitality Industry ,
Hotels ,
Independent Contractors ,
Misclassification
The latest twist in the ongoing saga involving the U.S. Department of Labor's changes in its regulatory provisions affecting the Fair Labor Standard Act's Section 13(a)(15) "companionship" exemption and the FLSA's Section...more
8/25/2015
/ Appeals ,
Companionship Exemptions ,
Department of Labor (DOL) ,
Domestic Workers ,
Fair Labor Standards Act (FLSA) ,
Health Care Providers ,
Healthcare ,
Home Health Care ,
Home Healthcare Workers ,
SCOTUS ,
Third-Party Agents ,
Wage and Hour
The U.S. Labor Department's Wage and Hour Division has released "Administrator's Interpretation No. 2015-1" to address what it characterizes as the "problematic trend" of allegedly misclassifying workers as independent...more
Employers await with bated breath the release of the U.S. Labor Department's proposed new definitions for the federal Fair Labor Standards Act's Section 13(a)(1) executive, administrative, professional, outside-sales, and...more
A federal judge has scuttled key aspects of the U.S. Labor Department's (DOL's) rule that would have extended the federal Fair Labor Standards Act's minimum wage and overtime requirements to many home care workers. The rule...more
A federal judge has scuttled key aspects of the U.S. Department of Labor's rule that would have extended the federal Fair Labor Standards Act's minimum-wage and overtime requirements to many home care workers starting January...more
Solicitor of Labor M. Patricia Smith spoke at a December continuing-legal-education conference in Atlanta. Her remarks in a couple of areas were especially interesting.
Coming "White Collar" Exemption...more
We have reported that the U.S. Labor Department's changes in its regulatory provisions affecting the federal Fair Labor Standard Act's Section 13(a)(15) "companionship" exemption and the FLSA's Section 13(b)(21) overtime...more
Overtime compensation under the federal Fair Labor Standards Act must be based upon an employee's "regular rate" of pay. More and more frequently nowadays, claimants allege that their FLSA overtime compensation should have...more
A recent U.S. Labor Department press release highlights a growing area of scrutiny under the federal Fair Labor Standards Act: Paying "per diem" amounts to non-exempt employees....more
Federal courts continue to embrace a broad view in evaluating the question of whether federal Fair Labor Standards Act liability may be imposed upon a successor company in particular situations.
...more
We reported earlier that the U.S. Labor Department has issued a Final Rule re-stating the requirements for and limitations upon the federal Fair Labor Standards Act's Section 13(a)(15) "companionship exemption". The changes...more
President Obama has instructed the U.S. Labor Department to revise the federal Fair Labor Standards Act's so-called "white collar" exemptions in a "Presidential Memorandum" released on March 13. This effort is intended (as...more
(Labor Letter, February 2014) -
In recent years employers have become all too familiar with lawsuits alleging violations of the federal Fair Labor Standards Act (FLSA). According to the Administrative Office of the...more