The U.S. Department of Labor issued a long-awaited final rule right before Christmas addressing the issue of tipped employees. The final rule, released on December 22 but not effective until February 20, 2021, provides...more
12/29/2020
/ Civil Monetary Penalty ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Hospitality Industry ,
Job Duties ,
Minimum Wage ,
New Rules ,
Recordkeeping Requirements ,
Tip Credit ,
Tip-Pooling ,
Tipped Employees ,
Tips ,
Wage and Hour
Two recent opinion letters from the U.S Department of Labor (USDOL) examine the contours of the federal Fair Labor Standards Act’s (FLSA) “outside salesman” exemption, which exempts covered employees from the FLSA’s minimum...more
As expected, Governor Brian Kemp issued a detailed executive order to begin to re-open businesses throughout the state in the hopes that the worst of the COVID-19 crisis has passed.
[Ed. Note: The initial guidelines and...more
As the nation’s political leaders discuss the easing of the various shelter-in-place orders in an effort to re-start the economy, businesses have begun making their own re-start plans – and they often include bonus programs...more
Employers that utilize the “tip credit” in the federal Fair Labor Standards Act (“FLSA”), or whose employees receive tips, should carefully consider regulatory changes that were proposed by USDOL today. While many of the...more
10/8/2019
/ Comment Period ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Employment Policies ,
Fair Labor Standards Act (FLSA) ,
Field Operations Manual ,
Minimum Wage ,
Proposed Regulation ,
Proposed Rules ,
Tip Credit ,
Tip-Pooling ,
Tipped Employees ,
Wage and Hour
The news that President Trump selected Eugene Scalia to take over as Labor Secretary late last week caught some employers by surprise; after all, it was just a week ago that we were analyzing the track record of the...more
7/22/2019
/ Administrative Appointments ,
Affirmative Action ,
Data Collection ,
Department of Labor (DOL) ,
EEO-1 ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
Family and Medical Leave Act (FMLA) ,
Labor Policies ,
Medical Leave ,
OFCCP ,
OSHA ,
Pay Data ,
Pay Equity Laws ,
Presidential Nominations ,
Secretary of Labor ,
Trump Administration ,
Wage & Hour Division (WHD)
When the news broke Friday afternoon that Labor Secretary Alexander Acosta would be resigning from his post, employers across the country began wondering what this transition would mean for them. You may have even heard...more
7/15/2019
/ Affirmative Action ,
Corporate Counsel ,
Department of Labor (DOL) ,
EEO-1 ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Family and Medical Leave Act (FMLA) ,
Filing Deadlines ,
Foreign Workers ,
Immigration Enforcement ,
Joint Employers ,
OFCCP ,
OLMS ,
OSHA ,
Pay Data ,
Pay Equity Laws ,
Resignation ,
Secretary of Labor ,
USCIS ,
Wage and Hour ,
Workplace Safety
Hotel and restaurant employers commonly require employees to wear uniforms, some as simple as a shirt with company logo, others requiring a more complete look: jacket or blouse and pants or skirt, or dress. Some employers,...more
6/11/2019
/ Dress Codes ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Hospitality Industry ,
Minimum Wage ,
Non-Exempt Employees ,
Over-Time ,
Payroll Deductions ,
Restaurant Industry ,
Statutory Violations ,
Wage and Hour
The USDOL has continued to plow through its regulator agenda. Yesterday it released its proposed guidance regarding the "regular rate" for purposes of calculating FLSA overtime pay. The NPRM is intended to update and clarify...more
On February 15, the U.S. Department of Labor struck another nail into the coffin of the infamous “20% Rule,” the agency’s prior enforcement position which purported to limit an employer’s ability to take the federal Fair...more
2/19/2019
/ Department of Labor (DOL) ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Field Operations Manual ,
Hospitality Industry ,
Job Duties ,
Minimum Wage ,
Restaurant Industry ,
Tip Credit ,
Tipped Employees ,
Tips ,
Wage and Hour
The United States Department of Labor (USDOL) issued four opinion letters yesterday in which it construed issues arising under the federal Fair Labor Standards Act (“FLSA”). The most significant of these letters, FLSA2018-27,...more
11/9/2018
/ Department of Labor (DOL) ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Hospitality Industry ,
Job Duties ,
Minimum Wage ,
Opinion Letter ,
Restaurant Industry ,
Timekeeping ,
Tip Credit ,
Tipped Employees ,
Tips ,
Wage and Hour
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
Employers have long understood that they face potential liability when an employee is sexually harassed by another employee and they do nothing to prevent or fix the known problem. It is also true, but perhaps less well...more
8/3/2015
/ Assisted Living Facilities (ALFs) ,
Best Management Practices ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Harassment ,
Health Care Providers ,
Hospitals ,
Nursing Homes ,
Retaliation ,
Sexual Harassment ,
Third-Party Risk ,
Title VII