News & Analysis as of

Hospitality Industry Wage and Hour Restaurant Industry

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

Maine Law Requires Employee Compensation When Employers Cancel or Shorten Shifts

On June 24, 2025, Maine enacted a new law requiring employers to compensate employees who report to their scheduled shifts but have their hours reduced or cancelled by their employer. This law will primarily impact businesses...more

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

California Law Strengthens Enforcement of Tip Theft

On July 30, 2025, California Governor Gavin Newsom signed into law a bill (Senate Bill 648) that authorizes the state’s labor commissioner to investigate tip theft and levy fines for violations. The new law is particularly...more

Davidoff Hutcher & Citron LLP

Understanding Spread of Hours Pay: Compliance Guide for New York Restaurant Owners

Long days and double shifts are common in the restaurant business. As a New York restaurant owner, it’s crucial to understand the “spread of hours” rule – a unique state requirement that can catch employers off guard. This...more

Davidoff Hutcher & Citron LLP

Tip Pooling and Tip Credit Compliance: A Guide for New York Restaurant Owners

New York restaurant owners must navigate complex tip pooling and tip credit regulations to ensure compliance with federal and state labor laws. Failure to follow these rules can result in lawsuits, back wages, and penalties....more

Hinshaw & Culbertson - Employment Law...

The 12 Days of California Labor and Employment Series – Day 10 "Minimum Wage Updates"

In the spirit of the season, we are using our annual "12 Days of California Labor and Employment" blog series to address new California laws and their impact on employers. On the tenth day of the holidays, my labor and...more

Akerman LLP - HR Defense

A Tip for Employers With Tipped Employees — Stay on Top of the Ever-Changing Guidance on the 80/20 Rule!

Employers with tipped employees are constantly trying to keep up with the ever-changing and evolving tip credit rules promulgated by the United States Department of Labor (DOL) — specifically, what is known as the 80/20 rule....more

Troutman Pepper Locke

The Fifth Circuit Strikes Down DOL’s Rule for Tipped Employees

Troutman Pepper Locke on

In a highly anticipated decision published on August 23, 2024, the United States Court of Appeals for the Fifth Circuit struck down the Department of Labor’s (DOL) Final Rule that limited the circumstances under which an...more

Littler

Littler Lightbulb: August Appellate Roundup

Littler on

This Littler Lightbulb highlights some of the more significant employment law developments in federal courts of appeal in the last month. Fifth Circuit Vacates DOL Tip Credit Rule...more

Fisher Phillips

How Will the Election and Recent Legislative Trends Impact Tipped Wages? 4 Developments for Hospitality Employers to Watch

Fisher Phillips on

There’s been a lot of buzz about tipped wages as Election Day approaches – and hospitality employers will want to track key proposals that may have a huge impact on pay practices. Former President Trump and Vice President...more

Whiteford

Employment Law Update: The Tip Credit is Back

Whiteford on

Hospitality employers take note – the Department of Labor’s (DOL) tip rule has been struck down. The tip credit is a provision of the Fair Labor Standards Act (“FLSA”) that allows employers to pay tipped employees a lower...more

Vedder Price

Fifth Circuit Strikes Down U.S. Department of Labor Tip Credit Rule

Vedder Price on

In a highly anticipated opinion, on August 23, 2024, the Fifth Circuit in Restaurant Law Center v. U.S. Department of Labor (Case No. 23-50562) struck down a Final Rule promulgated by the U.S. Department of Labor (DOL) that...more

Benesch

Federal Court Strikes Down Tip Credit Rule Promulgated by the DOL

Benesch on

On August 23, 2024, the Fifth Circuit Court of Appeals struck down a final rule promulgated by the Department of Labor (“DOL”) restricting when employers could take a tip credit for tipped employees under the Fair Labor...more

Jackson Lewis P.C.

Fifth Circuit Strikes Down DOL Tip Credit Rule: What It Means for Employers

Jackson Lewis P.C. on

In a long-awaited decision, the Department of Labor (DOL) regulation setting strict limits on the amount of time that tipped employees can spend performing work that does not directly generate tips has been struck down by the...more

Franczek P.C.

5th Circuit Strikes Down 2021 Tip Rule

Franczek P.C. on

On August 23, 2024, the Fifth Circuit Court of Appeals struck down a 2021 regulation by the U.S. Department of Labor restricting employers’ use of the tip credit for tipped employees under the Fair Labor Standards Act. The...more

Epstein Becker & Green

MI Agencies Request Clarity on New Minimum Wage & Tip Credit Requirements

Epstein Becker & Green on

On August 22, 2024, the Michigan Department of Labor & Economic Opportunity (LEO) issued a press release on the heels of the Mothering Justice decision, about which we previously wrote, and which will drastically change the...more

Jackson Lewis P.C.

Freelance Isn’t Free: A Contract Ingredient for New York’s Restaurants

Jackson Lewis P.C. on

New York’s Freelance Isn’t Free Act, which requires that a business provide any freelance worker with a written contract if the freelance work is worth at least $800, inclusive of multiple projects over a 120-days period,...more

Fisher Phillips

Massachusetts High Court Clears Way for Ending the Tip Credit: What Do Bay State Restaurant Operators Need to Know?

Fisher Phillips on

Massachusetts voters will decide this November whether employers may continue taking a “tip credit” and paying tipped employees below the state’s standard minimum wage. While restaurant industry representatives fought to keep...more

Fisher Phillips

Can Restaurant Hosts Share in the Tip Pool? Top 5 Questions for Employers that Take a Tip Credit

Fisher Phillips on

Many restaurants utilize tip pools to encourage teamwork, consistency, and customer-focused service – but you may be confused about who can and can’t participate in the pool. You feel confident that your servers and...more

Parker Poe Adams & Bernstein LLP

Eleventh Circuit Confirms That Service Charges Are Not FLSA Tips

The tip wars between hospitality employers and employees continue unabated. Numerous lawsuits contend that restaurants and other employers wrongfully retain or require sharing of customer gratuities, as well as violate Fair...more

Seyfarth Shaw LLP

Argument Update: Fifth Circuit Panel Seems Poised to Vacate DOL’s 2021 80/20 Rule

Seyfarth Shaw LLP on

Tips from Seyfarth is a blog series for employers, and their in-house lawyers and HR, payroll, and compensation professionals, in the food, beverage, and hospitality sector. We curate wage and hour compliance “tips” to keep...more

Tonkon Torp LLP

The Service Industry Must Revisit Tipping Policies or Prepare to Pay Up

Tonkon Torp LLP on

Recent news of six-digit demands and lawsuits filed by the Department of Labor against multiple Oregon-based institutional restaurant chains has local businesses across the service industry wondering: “Are we tipping our...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.

Fisher Phillips on

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

Jackson Lewis P.C.

Evanston, Illinois, Fair Workweek Law Imposes Predictive Scheduling Obligation on Employers

Jackson Lewis P.C. on

Evanston, Illinois, has adopted an ordinance requiring certain employers in designated industries to give workers a 14-day notice of schedule changes and compensate them with “predictability pay” if any changes occur less...more

Clark Hill PLC

The Learned Concierge - November 2023, Vol. 2

Clark Hill PLC on

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

Pullman & Comley - Labor, Employment and...

Connecticut Restaurant Guidebook 2023 Edition Preview: Part One - CT TIP CREDIT 101

This post is part of a series of articles previewing the unique type of information and guidance contained in the Pullman & Comley Hospitality Team’s “Connecticut Restaurant Guidebook 2023 Edition.” Available to members of...more

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