News & Analysis as of

Fair Labor Standards Act (FLSA) Over-Time Hospitality Industry

Jackson Lewis P.C.

How Will Federal Bills Eliminating Tax on Tips and Overtime Impact Employers?

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Tax breaks on overtime pay and tipped earnings passed the House on May 22, 2025, as part of the “One Big Beautiful Bill Act” (H.R. 1). The tax deductions provided under the sprawling reconciliation bill would be temporary,...more

Fisher Phillips

Workplace Law Update: 10 Essential Items on Your September To-Do List

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It’s hard to keep up with all the recent changes to labor and employment law, especially since the law always seems to evolve at a rapid pace. In order to ensure you stay on top of the latest changes and have an action plan...more

Fisher Phillips

Hospitality Industry Snapshot: Hospitality Employers Must Quickly Prepare for New Overtime Rule With 7 Steps

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Hospitality employers will likely feel a big impact from the new federal overtime rule, which significantly raises the exempt salary threshold for certain employees in two phases. Specifically, the salary threshold for the...more

Fisher Phillips

Workplace Law Forecast 2024 - Your workplace law recap for 2023 and predictions for 2024 to help you prepare for the coming year.

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When I reflect on the relationship that our firm has with our clients, I’m most proud of the fact that you can always count on us. That often means defending complex litigation, steering you through regulatory threats,...more

Clark Hill PLC

The Learned Concierge - November 2023, Vol. 2

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The Learned Concierge Welcome to your monthly legal insights on the trends impacting the Retail, Hospitality, and Food & Beverage Industries....more

Fisher Phillips

4 Reminders for Employers After a Texas BBQ Chain’s $900K Tip Pooling Mistake

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Employers in the restaurant and hospitality industries know it’s a common practice to ask workers to share gratuities. Tip pools can promote teamwork and a better customer experience – but they can also land you in hot water...more

Fisher Phillips

Service Charges Could Be Solution to Tip Credit Challenges: An Employer’s 6-Step Guide

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Hospitality employers who utilize the “tip credit” under federal wage and hour law may feel as if they operate with a bullseye on their backs given the multi-prong assault underway against the practice. Not only are you in...more

Parker Poe Adams & Bernstein LLP

Mandatory Service Charge Not a Tip Under FLSA

One of the hottest areas of controversy in recent years in wage and hour law has involved employees’ right to tips, and employer’s ability to use such tips to count toward minimum wage and overtime payments. As a result of...more

Bradley Arant Boult Cummings LLP

Window Washers and Telegraph Operators Beware: DOL Eliminates Specific Retail and Non-Retail Examples Under Overtime Exemption...

For those of you craving a non-COVID-19 issue to chew upon, the Department of Labor opened the floodgates of debate by withdrawing the partial lists of establishments that could either be “recognized as retail” or “having no...more

Constangy, Brooks, Smith & Prophete, LLP

New Regulations Expected To Expand Applicability Of OT Exemption For Commissioned Retail Sales Workers

The U.S. Department of Labor issued final regulations today that are expected to expand the number of workers who are exempt from overtime requirements because (among other things) they work for a retail or service...more

Littler

WPI Wage Watch: Minimum Wage, Tip, and Overtime Developments (January 2020 Edition)

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If January's minimum wage, tip, and overtime developments forecast what employers should expect throughout the remainder of the year, it could be a challenging 2020....more

Littler

Minimum Wage, Tipped and Exempt Employee Pay in 2020: A Rates-Only Update

Littler on

Minimum wage laws can affect businesses of all sizes, whether operating nationwide, in multiple jurisdictions, or only in one state, county, or city. To help manage this challenge, below we provide a rates-only update that...more

Fisher Phillips

If The Shoe Fits: How Footwear Policy May Lead To Wage And Hour Violations

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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

Parker Poe Adams & Bernstein LLP

Employers Consider Switching Exempt Employees to Non-Exempt to Avoid Legal Risks

Over the past decade, EmployNews has chronicled waves of class and collective action litigation based on claims that employees have been misclassified as exempt from the overtime requirements of the Fair Labor Standards Act....more

Littler

Three Proposed Regulations That Should Be on the Hospitality Industry's Radar

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The U.S. Department of Labor (“DOL”) has issued three sets of proposed regulations that significantly impact the Hospitality industry. ...more

Holland & Knight LLP

Food and Beverage Law Update: September 2018

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Labor and Employment - Jimmy John's Avoids Joint-Employer Finding in Worker Overtime Litigation - In In re: Jimmy John's Overtime Litigation, 2018 WL 3231273 (N.D. Ill. June 14, 2018), a federal district court ruled that...more

Fisher Phillips

Serenity Now – Looking Back On USDOL's Actions Mid-Year, And A Sneak Peek At What Might Be Coming

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We are almost half way through 2018, and this year has been filled with fast and furious changes at USDOL. Proposed tip credit changes (Check, including a reaction from Congress and more tip credit changes on the horizon)....more

Fisher Phillips

Web Exclusive: March 2018: The Top 13 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 all through 2017. And if the first three months...more

Cozen O'Connor

II-30- Tackling 3 Big Wage and Hour Questions for Employers

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Wage and hour issues continue to keep employers up at night, with new lawsuits and potential exposure not diminishing any time soon. Today’s episode tackles three important questions in this area: the meaning and potential...more

Holland & Knight LLP

Food and Beverage Law Update: February 2018

Holland & Knight LLP on

Deceptive Trade Practices - Meat Exporter Had No Duty Under FCA to Pay for Beef Inspection - In United States ex rel. Barrick v. Parker-Migliorini Int'l, LLC, 878 F. 3d 1224 (10th Cir. 2017), the court affirmed...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

Littler

New York State Has Adopted Amendments to Existing Minimum Wage Orders

Littler on

The New York State Department of Labor (NYSDOL) has adopted the proposed amendments to its Wage Orders – ending weeks of speculation about whether and when increases in the minimum salaries for employees to be exempt from...more

Littler

Workplace Policy Institute Insider Report - December 2016

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Littler's WPI Insider Report details key labor, employment, and benefits news and events at the federal, state, local, and global levels. The December edition of the Insider Report discusses recent efforts to block...more

Littler

Proposed Amendment to New York State Wage Orders Set To Substantially Raise Salary Requirements For Exempt Employees

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On October 19, 2016, the New York State Department of Labor (“NYSDOL”) published proposed new Wage Orders which, if enacted, will ultimately increase the salary requirements for exempt employees in New York State beyond even...more

Baker Donelson

Hospitalitas Newsletter - Summer 2016

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In this issue: - Controversial Overtime Rule Comes in For a Landing - What You Need to Know About Hospitality REITs - The Legal Implications of Restaurant-Designed House Brand Craft Beers - FDA Finalizes Revisions...more

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