Minimum Wage, Employer Liability Issues, New Guidance

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

Jackson Lewis P.C. on 7/9/2025

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

No Longer Doubling Down: DOL Will Not Seek Liquidated Damages in Wage Claims Before Suit

Bradley Arant Boult Cummings LLP on 7/3/2025

The call or visit that no employer wants to receive: a Department of Labor representative asking to look at your payroll records. The Fair Labor Standards Act (FLSA) gives the Department of Labor’s Wage and Hour Division...more

In Advance of July 1 Compliance Deadlines, Chicago Agency Posts Updated Guidance and Notices for the City’s Minimum Wages, Paid...

Littler on 6/10/2024

The Chicago Department of Business Affairs and Consumer Protection (BACP) Office of Labor Standards (COLS) recently posted updates to its website regarding minimum wage obligations, paid leave and paid sick and safe leave,...more

Restaurant Industry Alert: DOL Issues Final Rule Modifying Tip Sharing

FordHarrison on 10/4/2021

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

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

Quarles & Brady LLP on 10/4/2021

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

Employers with Tipped Employees: Changes are Coming (Again) from the DOL

Spilman Thomas & Battle, PLLC on 8/16/2021

Questions concerning how to pay employees in tipped occupations have plagued employers for years. Tipped employees that perform duties that are not sufficiently related to their tipped occupation must be paid at least the...more

U.S. DOL Rescinds Trump-Era Rule Regarding Joint-Employer Status Under the FLSA

FordHarrison on 8/3/2021

On July 29, 2021, the United States Department of Labor (“DOL”) announced that it would rescind the Trump-era rule (the “Joint Employer Rule”) pertaining to the determination of joint employers for purposes of assigning...more

January 2021: The Top 18 Labor And Employment Law Stories

Fisher Phillips on 2/9/2021

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

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

Littler on 1/16/2020

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

New York Department of Labor Recommends Elimination of the Tip Credit for "Miscellaneous" Industries

Seyfarth Shaw LLP on 1/6/2020

Seyfarth Synopsis: A proposed amendment to New York State regulations would eliminate the “tip credit” for a wide variety of workers....more

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

Bricker Graydon LLP on 10/16/2019

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

Table for Two, Please: D.C. Department of Employment Services Issues Revised Guidance on Calculating Overtime Wages for Non-Exempt...

Mintz - Employment Viewpoints on 10/10/2019

Calculating overtime pay for tipped employees working in multiple positions at different rates in a single workweek can be confusing. So confusing, in fact, that we discovered that even the District of Columbia’s Department...more

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

FordHarrison on 10/10/2019

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

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

Epstein Becker & Green on 10/9/2019

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

Not So Fast: Federal Court Refuses to Give Deference to New DOL Guidance Abandoning the "20% Rule" - Poyner Spruill LLP

Poyner Spruill LLP on 8/13/2019

The “20% Rule,” which provided guidance to employers for when they must pay tipped employees minimum, rather than a tipped hourly wage, was recently abandoned by the United States Department of Labor (“DOL”). First published...more

DOL Pivots, Providing Guidance Likely To Mitigate Recent Blitz of Minimum Wage Class Actions Related to Sleep Time And Off Duty...

FordHarrison on 7/23/2019

Almost all long-haul drivers are exempt from overtime under the motor carrier exemption to the Fair Labor Standards Act (FLSA). However, these same drivers are not exempt from the FLSA’s minimum wage requirements. ...more

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