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Labor Regulations Minimum Wage Restaurant Industry

Davidoff Hutcher & Citron LLP

Service Charges vs. Tips: Ensuring Legal Compliance in New York Restaurants

Understanding the difference between service charges and tips is critical for New York restaurant owners to remain compliant with state and federal labor laws. Misclassifying these charges can lead to legal disputes,...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

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

Sheppard Mullin Richter & Hampton LLP

Washington D.C. Attorney General Offers Guidance for Restaurant Employers Amidst Spike in Service Fees

In 2022, Washington D.C. voters passed Initiative 82, or the “District of Columbia Tip Credit Elimination Act,” which later became law in February 2023. As we previously reported, the law will gradually phase out the “tip...more

Littler

What You Need to Know About Reporting and Training Requirements in the DC Tipped Wage Worker Fairness Amendment Act

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In 2018, the District of Columbia enacted the Tipped Wage Workers Fairness Amendment Act (“the Act”). Among other things, the Act imposes obligations on employers that employ tipped employees, including significant training...more

Littler

Salt Bae’s Sprinkle of First Impression: Eleventh Circuit Holds Mandatory Service Charges Are Not “Tips” and May Be Used to...

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On March 18, 2022, the U.S. Court of Appeals for the Eleventh Circuit upheld a district court’s decision that an 18% service fee charged at the upscale Miami steakhouse of celebrity chef Nusret Gökçe was not a “tip” and was...more

Akerman LLP - HR Defense

DOL’s Final Rule on Tipped Employees Takes Effect December 28th

Beginning December 28, 2021, employers must pay tipped employees the full minimum wage for periods when non tip-producing work is performed for a substantial amount of time, in light of a new Department of Labor (DOL) Final...more

Burr & Forman

Department of Labor Releases Final Rule for Tipped Employees

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Tip Credits under the Fair Labor Standards Act - The Fair Labor Standards Act (“FLSA”) generally permits employers to pay tipped employees less than the minimum hourly wage, provided that the tips the employee receives are...more

FordHarrison

Restaurant Industry Alert: DOL Publishes Final Rule for Tipped Employees

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On October 29, 2021, the U.S. Department of Labor (DOL) published its Final Rule related to tipped employees. It is effective December 28, 2021. DOL had issued a Notice of Proposed Rulemaking (NPRM) on June 21, 2021,...more

FordHarrison

Reminder: Florida Minimum Wage is Now $10.00 Per Hour

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Florida voters on November 3, 2020, passed Amendment 2, which will, over a period of years, increase Florida’s minimum wage to $15.00 per hour. The first annual increase was effective September 30, 2021, and increased the...more

FordHarrison

Restaurant Industry Alert: DOL Issues Final Rule Modifying Tip Sharing

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On September 23, 2021, the U.S. Department of Labor (DOL) issued its latest rule related to tip pooling. The rule modifies and clarifies aspects of a rule previously issued by the Trump administration. ...more

Quarles & Brady LLP

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

Quarles & Brady LLP on

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

Franczek P.C.

New DOL Rule Adds Civil Penalties for Taking Employee Tips

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In 2018, Congress added a provision to the Fair Labor Standards Act prohibiting employers from retaining employee tips or allowing managers or supervisors to participate in a tip pooling arrangement. Today, the U.S....more

Polsinelli

Labor Department Rescinds Pro-Franchise Joint-Employment Rule

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On July 29, 2021, the U.S. Department of Labor announced it is rescinding a final rule issued just last year (2020 Final Rule) that sought to clarify the standard for finding two separate entities to be “joint employers”...more

Akerman LLP - HR Defense

Tipped and Non-Tipped Work Back Under the Microscope

The old “80/20 rule” is back again for tipped workers under the latest proposed Final Rule issued by the Department of Labor (DOL) last month. Employers in the service industry, especially those employers who take a tip...more

Littler

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

Littler on

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

Stoel Rives - World of Employment

Minimum Wage Increase and Updated Workplace Posters

It’s that time of year to prepare for minimum wage increases and update workplace posters.  Beginning July 1, minimum wage rates throughout Oregon increase, to $13.25 for Portland Metro, $11.50 for Nonurban Counties, and...more

Jaburg Wilk

Tipping Points – DOL Issues New Opinions About Paying Tipped Employees

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Days before the January 20, 2021, presidential inauguration, the U.S. Department of Labor (DOL), under the outgoing administration, issued a flurry of new regulations, rules and opinion letters that could significantly impact...more

Littler

Department of Labor Issues Two Tip-Related Opinion Letters in Final Days of Outgoing Administration

Littler on

On January 15, 2021, the U.S. Department of Labor issued two opinion letters addressing tip-related issues.  The first, FLSA2021-4, addresses whether, and in what circumstances, a restaurant that takes a tip credit for its...more

FordHarrison

Sharing is Caring: DOL Expands Tip Pool and Dumps 80/20 Rule

FordHarrison on

Executive Summary: On Tuesday, December 22, 2020, the U.S. Department of Labor (DOL) announced its final rule regarding expansion of tip pool sharing and limitations on the 80/20 rule....more

Lowndes

Florida’s Minimum Wage Will Rise to $8.65 in 2021

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Florida’s minimum wage will increase effective January 1, 2021 as follows: - Florida’s minimum wage will increase by nine cents from $8.56 to $8.65 per hour. - Florida’s minimum wage for tipped employees will increase...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

Littler on

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

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