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Hospitality Industry Restaurant Industry Regulatory Reform

Holland & Knight LLP

New York State Restaurant Reservation Anti-Piracy Act Cracks Down on a "Leech Industry"

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In this episode of the "Legal Bites Podcast" series, Food and Beverage Litigation attorneys Charles Weiss and Christopher Riano, along with Practice Development Manager Kristina Merritt, speak with New York State...more

Littler

New Amendments to California Bill Clarify Scope of Prohibition on Junk Fees for Restaurant Industry

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On June 29, 2024, Governor Newsom signed into law an amendment to California Code 1770, clarifying the scope of SB 478. Under SB 478 and previously published guidance from the attorney general, California restaurants were...more

Littler

California Restaurants Must Identify Service Fees as Part of Listed Prices

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California’s Department of Justice recently confirmed that California’s new law requiring businesses to disclose “junk fees” as part of the advertised price extends to California restaurants, delivering another challenge to a...more

Troutman Pepper Locke

Director of the Massachusetts Cannabis Regulator Is Departing Amid Agency’s Promulgation of New Cannabis Café Rules

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The Massachusetts Cannabis Control Commission’s first and only executive director is supposedly planning to leave the agency, which is in the midst of implementing the state’s new cannabis equity law, enacted in August 2022....more

Genova Burns LLC

The Glass is Half Full: An Update on Governor Murphy's Proposal Regarding Liquor Law Reform In New Jersey

Genova Burns LLC on

Governor Murphy recently held a roundtable discussion with restaurant owners and fellow government officials, where he discussed his proposal to modernize the state’s liquor license laws. The proposal was teased in Governor...more

Littler

DOL Proposal to Resurrect 80/20 Rule for Tipped Employees Fails to Alleviate Longstanding Industry Concerns

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On June 23, 2021, the U.S. Department of Labor (DOL) published a notice of proposed rulemaking (NPRM), which reverses course from a December 2020 final rule and seeks to resurrect the so-called “80/20 Rule” that governs how...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

Troutman Pepper Locke

New York State To Eliminate Tip Credit For Many Employees Beginning June 2020

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Q:  I heard New York is changing its rules around tip credits for some types of employees.  What do I need to know? ...more

Littler

Connecticut’s New Restaurant Wage Law Codifies “80/20 Rule” for Tipped Employees

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Following months of political maneuvering, including a gubernatorial veto, Connecticut has enacted compromise legislation that attempts to clarify how restaurants and other hospitality industry employers must pay workers who...more

Pullman & Comley - Labor, Employment and...

One Last 2019 Act from the Connecticut General Assembly: A December “Special Session” and the Tip Credit

Governor Lamont signs House Bill 7501 into law on January 6, 2020. As we say goodbye to 2019 (and await commencement of the 2020 session of the Connecticut General Assembly in February), the General Assembly via a “Special...more

Bricker Graydon LLP

Changes in store for tipped employees: DOL proposes host of new tip regulations

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On October 8, 2019, the U.S. Department of Labor (DOL) proposed changes to the Fair Labor Standards Act (FLSA) regulations governing the wages of tipped employees, specifically, tip credits and tip pools....more

Akerman LLP - HR Defense

Hot Tip: End May Be Near for 80/20 Rule!

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Employers in the hospitality and restaurant industry are poised for celebration: the Department of Labor (DOL) has proposed eliminating a rule that requires tracking the time tipped employees devote to non-tip producing...more

FordHarrison

Department of Labor Deflates the 80/20 Rule & Inflates the Tip Pool

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On Monday, October 7, 2019, the Department of Labor (DOL) proposed a new 80/20 rule and tip pooling regulation. First, the proposed regulation, if finalized, will permit employers to take a tip credit regardless of the...more

Epstein Becker & Green

U.S. DOL Announces Proposed New Rule on Tip Credits and Pooling

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Rules relating to tip credit and pooling have resulted in significant debate among legislators, regulators, and the courts, leading to confusion, further litigation, and, in many cases, substantial liability or settlements...more

Holland & Hart - Employers' Lawyers

U.S. DOL Eases Restriction on Tipped Employees

...In a new opinion letter released November 8, 2018, the U.S. Department of Labor (DOL) decided to eliminate the “80/20 Rule” which had previously limited employers’ ability to take a “tip credit” toward their employees’...more

Franczek P.C.

What Duties Can A Server Perform Under the Tip Credit Rules? [Wage & Hour FAQ]

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Q. We use the tip credit for servers who work in our restaurant. When service is slow, we ask our servers to pitch in with other jobs around the restaurant, like sweeping up the dining room and cleaning the restroom. ...more

Akerman LLP - HR Defense

A Tip from the Department of Labor: The 80/20 Rule Has Been Rescinded

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Employers are no longer barred from taking the tip credit for tipped employees who spend more than 20% of their time doing non-tipped activities, according to a new U.S. Department of Labor opinion letter doing away with the...more

FordHarrison

Department of Labor Relaxes Rules for Tipped Employees

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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

Seyfarth Shaw LLP

Check, Please!  DOL Issues Opinion Letter Ending Its 20% Tip Credit Rule

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Seyfarth Synopsis: The DOL has reissued a long-awaited opinion letter withdrawing its previous 20% tip credit rule and making clear that “no limit is placed on the amount of [related but non-tipped] duties that may be...more

Seyfarth Shaw LLP

Ninth Circuit Issues En Banc Decision Upholding DOL’s 20% Tip Credit Rule; Ball Is Now In DOL’s Court

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Seyfarth Synopsis: In an en banc decision, the Ninth Circuit reverses its prior panel opinion rejecting the DOL’s interpretation of FLSA regulations on use of the tip credit to pay regularly tipped employees, finding that the...more

McNees Wallace & Nurick LLC

Congress Takes a Dip in the Tip Pool

President Trump recently signed into law Congress’ $1.3 trillion, 2,232-page omnibus budget bill. Notably, tucked away on page 2,025 of the bill, Congress amended the Fair Labor Standards Act to address rules affecting...more

Buchalter

The Consolidated Appropriations Act: Tipping in The Hospitality Industry

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Despite threatening a veto, President Trump signed the 2018 Consolidated Appropriations Act (Public Law No. 115-141) on March 23, 2018. The Act is more than 2000 pages in length....more

FordHarrison

DOL Clarifies Tip Pooling Law

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As reported last week, on March 23rd, President Trump signed into law a massive spending bill that, among other things, amended the Fair Labor Standards Act (FLSA) to clarify that a manager or supervisor may not keep his...more

Littler

DOL Clarifies Amendment to the FLSA's Tip Pool Rules

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On March 27, 2018, President Donald Trump signed into law Congress’s $1.3 trillion, 2,232-page omnibus budget bill, the Consolidated Appropriations Act, 2018. ...more

Franczek P.C.

New Tip Pool Rules - Changes to the FLSA and DOL Guidance

Franczek P.C. on

If you’ve been paying attention to the news relating to wage and hour law (and really, who isn’t?), you may recently have heard quite a bit about new federal rules on tipped employees, and more recently Congress stepping in...more

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