News & Analysis as of

Employer Liability Issues Civil Monetary Penalty Fair Labor Standards Act (FLSA)

Jackson Lewis P.C.

Employers Won’t Face Double Damages from DOL Wage and Hour Division’s Administrative Proceedings

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The U.S. Department of Labor’s Wage and Hour Division (WHD) has issued new internal guidance that significantly changes its approach to administrative settlements under the Fair Labor Standards Act (FLSA). In Field Assistance...more

CDF Labor Law LLP

US Department of Labor Releases New Guidance for Child Labor Law Penalty Assessment

CDF Labor Law LLP on

On November 28, 2023, the United States Department of Labor’s (“DOL”) Wage and Hour Division (“WHD”) issued a Field Assistance Bulletin (“FAB”) explaining changes to its process to assess civil money penalties for child labor...more

Fox Rothschild LLP

DOL Proposes New Worker-Friendly Independent Contractor Rule

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The U.S. Department of Labor (DOL) released a proposed rule on October 11, 2022, that could change whether a worker is determined to be an employee or an independent contractor under the Fair Labor Standards Act (FLSA). If...more

Fisher Phillips

Is Your Tip Credit A Ticking Time Bomb? An Employer’s 10-Step Wage and Hour Action Plan for 2022

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With the government’s final rules on the tips provisions of federal wage and hour law becoming effective just weeks ago, employers will be challenged with ensuring they have a plan to address the rules’ impact on their...more

Fisher Phillips

Feds Now Have Broader Authority to Assess Monetary Penalties for Tip Violations

Fisher Phillips on

Federal labor officials just finalized a rule that broadens their ability to assess monetary fines against those business that commit wage and hour violations with regards to tip payments, a development several months in the...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

DOL Cracks Down, and Opens Cracks, on Employers Keeping Tips

Employers will soon face stricter financial penalties for keeping their employees’ tips under a final rule published by the U.S. Department of Labor (DOL) on September 24, 2021. Section 3(m)(2)(B) of the Fair Labor Standards...more

Quarles & Brady LLP

New DOL Tip Credit Rule Clarifies When Managers can Keep Tips and Lays Hefty Fines for FLSA Violations

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On September 24, 2021, the Department of Labor published its most recent rule regarding tip regulations under the Fair Labor Standards Act (“FLSA”). This final rule will go into effect on November 23, 2021....more

Bradley Arant Boult Cummings LLP

Finally Final: The Tipped Employee Rule

As promised in our April 2021 post regarding the rules for tipped employees, here’s the update on the final rule. Recall that not all of the rule became effective earlier this year but certain portions were implemented to...more

Foley Hoag LLP

Biden Administration Tightens Enforcement of Tip Regulations

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On September 24, 2021, the U.S. Department of Labor (DOL) issued a new final rule strengthening the enforcement provisions of existing regulations concerning tipped employees. While various regulations relating to tipped...more

Littler

Final Rule Affirms U.S. Department of Labor’s Power to Fine Businesses That Engage in Tip Theft

Littler on

The U.S. Department of Labor published a final rule on September 23, 2021 clarifying several amendments to section 3(m) of the Fair Labor Standards Act (FLSA) that concern tip pooling. The final rule reestablishes the DOL’s...more

Ballard Spahr LLP

USDOL Publishes Final Rule Regarding Monetary Penalties Against Employers for Tip Violations

Ballard Spahr LLP on

On September 23, 2021, the U.S. Department of Labor (DOL) published a final rule announcing when it will assess civil money penalties (CMPs) against employers who retain tips earned by their workers. Under the rule,...more

Stokes Wagner

New Tipping Regulations Will Take Effect March 1, 2021

Stokes Wagner on

The Department of Labor has issued new tipping regulations, to take effect on March 1, that make a few significant changes, some of which may be advantageous to hospitality employers....more

Fisher Phillips

Labor Department Loosens Tip Pool Rules For Hospitality Employers

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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

Harris Beach Murtha PLLC

DOL Wage and Hour Audit: Lessons from the Backstretch

The recent U.S. Department of Labor Wage and Hour (WHD) investigation outcome of leading thoroughbred trainer Chad Brown has rocked the racing industry with the assessment of over $1.6 million in back wages and Civil Money...more

Fisher Phillips

January 2019: The Top 16 Labor And Employment Law Stories

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Fisher Phillips

A Cost Of Getting "Caught" - FLSA Civil Money Penalties

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This week the U.S. Department of Labor published increases in the civil money penalties (CMPs) it can impose for certain violations of the federal Fair Labor Standards Act. These new levels apply to any penalties assessed...more

K&L Gates LLP

Working Wise: Employer Responsibilities in a Natural Disaster

K&L Gates LLP on

In this episode, Nickolas Spiliotis discusses employer responsibilities when a natural disaster hits. He covers wage and hour issues, employee protections, and tips for employers. ...more

Sheppard Mullin Richter & Hampton LLP

New Tip Pooling Guidelines For Employers

The recent passage of the Consolidated Appropriations Act of 2018 (“H.R. 1625”), an 878-page omnibus spending bill, significantly changes the rules for tip pooling under the Fair Labor Standards Act (the “FLSA”). While the...more

Fisher Phillips

Web Exclusive: January 2018: The Top 18 Labor And Employment Law Stories

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there were an unprecedented number of changes each month in 2017—and if January is any...more

Fisher Phillips

FLSA Penalties Increase

Fisher Phillips on

This week the U.S. Department of Labor published increases in the civil money penalties it can impose for certain violations of the federal Fair Labor Standards Act. These new levels, approximately 2% higher than those...more

Fisher Phillips

FLSA's Civil Money Penalties To Increase

Fisher Phillips on

The U.S. Labor Department has issued an Interim Final Rule that will substantially increase the civil money penalties it can impose for certain violations of the federal Fair Labor Standards Act and related regulations. ...more

Fisher Phillips

Feds Ratchet Up Employer Penalties, Effective Later This Summer

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While most employers were preparing for the long holiday weekend, the U.S. Department of Labor (USDOL) announced a series of civil penalty increases that will impact the nation’s employers in the very near future. On June 30,...more

Epstein Becker & Green

Take 5 Newsletter: Five Hot Topics in Hospitality Law

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ACA Final Regulations Provide Rules for Seasonal Employees - On February 10, 2014, the Internal Revenue Service ("IRS") promulgated final regulations for the ACA's employer "shared responsibility provisions" in IRS...more

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