News & Analysis as of

Restaurant Industry Comment Period

Foster Garvey PC

Washington State Liquor and Cannabis Board Seeks Feedback on Proposed Rules for Expanded Alcohol Service Areas

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During Washington’s 2025 legislative session, the state legislature passed House Bill 1515 (2025–26), which aims to expand alcohol service through December 31, 2027 by allowing local jurisdictions to authorize alcohol service...more

Tucker Arensberg, P.C.

New IRS Program Could Change the Way Food & Beverage Industry Tips are Reported - But First...the IRS Wants to Hear From You

Tucker Arensberg, P.C. on

Get ready for a game-changer in tip reporting compliance! The Treasury Department and IRS have just announced the proposed launch of the Service Industry Tip Compliance Agreement (SITCA) program. SITCA is a voluntary...more

Parker Poe Adams & Bernstein LLP

Hospitality Employers Would Have to Rethink Assignments Based on New Tip Credit Interpretation

The seemingly never-ending battle over interpretation of the Fair Labor Standards Act’s tip credit provision took another turn Monday. The U.S. Department of Labor’s Wage and Hour Division issued proposed rules that would set...more

Jackson Lewis P.C.

Labor Department Brings Back The ‘80/20’ Rule — Along With New Companion, The ‘30-Minute’ Rule

Jackson Lewis P.C. on

The Department of Labor (DOL) has issued a new Notice of Proposed Rulemaking (NPRM), again seeking to regulate the circumstances under which an employer may pay a tipped employee a direct wage below the minimum wage. The NPRM...more

Benesch

U.S. Department of Labor Proposes Employee-Friendly Rules for Tipped Workers

Benesch on

On June 21, 2021, the U.S. Department of Labor (“DOL”) introduced a proposed rule which, when effective, would impose increased limitations on when an employer can pay a tipped worker the “tipped minimum wage.” The proposed...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

Harris Beach Murtha PLLC

Governor Lamont Signs Connecticut Restaurant Wage Bill Into Law

On January 6, 2020, Governor Ned Lamont signed bipartisan legislation addressing rates of pay for restaurant workers. The Governor vetoed a previous version of the bill which would have applied retroactively and effectively...more

Foley & Lardner LLP

The DOL Tries to Say Goodbye—And Seriously, We Mean It—to the 80/20 Rule for Tipped Employees

Foley & Lardner LLP on

We have all admired (or perhaps been one ourselves) the multitasking, be everywhere and do everything restaurant server. But one question that has long vexed employers in the service industry is how to properly compensate...more

Bricker Graydon LLP

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

Bricker Graydon LLP on

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!

Akerman LLP - HR Defense on

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

Parker Poe Adams & Bernstein LLP

U.S. Labor Department Proposes Rules to Expand Use of Tip Pools

Last year, Congress amended the Fair Labor Standards Act to clarify circumstances under which employers can require employees who receive tips to share (or pool) those gratuities with other employees. Last Tuesday, the...more

FordHarrison

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

FordHarrison on

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

Seyfarth Shaw LLP

WHD Releases Proposed Rule on Tipped Employees

Seyfarth Shaw LLP on

Seyfarth Synopsis: The Department of Labor’s Wage & Hour Division announced its long-awaited proposed rule related to the FLSA’s tip provisions. The rule would implement statutory changes passed in March 2018; it also would...more

Littler

DOL Issues Proposed Regulations on Handling Tips and the “80/20 Rule”

Littler on

Over a year after Congress amended the Fair Labor Standards Act (FLSA) to clarify tip ownership questions, the U.S. Department of Labor (DOL) finally published a Notice of Proposed Rulemaking on October 8, 2019, with proposed...more

Seyfarth Shaw LLP

April Rules: DOL Continues Rulemaking Sprint With New Proposed Joint Employment Standard

Seyfarth Shaw LLP on

Seyfarth Synopsis: On April 1, 2019, the U.S. DOL announced a proposed rule to clarify joint employment under the FLSA. The rule would establish a four-factor balancing test for joint employer status....more

Holland & Knight LLP

Food and Beverage Law Update: December 2018

Holland & Knight LLP on

Regulation - FDA-USDA Propose Joint Regulatory Framework for Cell-Grown Meat - On Nov. 16, 2018, the U.S. Food and Drug Administration (FDA) and the U.S. Department of Agriculture (USDA) issued a joint statement...more

Holland & Knight LLP

Food and Beverage Law Update: September 2018

Holland & Knight LLP on

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

Seyfarth Shaw LLP

Shifty Business V: New NYC Law Allows Employees To Request Temporary Schedule Changes; Comment Period For NYS Call-In Pay Rules...

Seyfarth Shaw LLP on

Seyfarth Synopsis: A new NYC law entitles employees to two temporary schedule changes per year for certain personal events. Separately, the comment period for call-in pay rules proposed by the State DOL has been extended to...more

PilieroMazza PLLC

Department of Labor Seeks to Loosen Reins on Restaurant Industry By Rescinding Regulation of Certain Tip Pooling Practices

PilieroMazza PLLC on

Earlier this year, in “Restaurant Industry Headed To U.S. Supreme Court Over Tipping Practices”, I wrote about the Department of Labor’s (“DOL”) 2011 Regulation related to restaurant tip distribution practices and its journey...more

Franczek P.C.

Explanation of the DOL's Proposed Rules on Tips

Franczek P.C. on

There’s been plenty of press regarding the U.S. Department of Labor’s proposed rules governing employer treatment of tips. Commentators are debating whether the proposed changes are a sensible return to the four corners of...more

Littler

DOL Issues Proposed Rule to Rescind 2011 Regulations that Impose Tip-Sharing Restrictions on Employers that Pay the Full Federal...

Littler on

The U.S. Department of Labor (DOL) has issued a proposed rule to rescind the Department’s position that employers must comply with tip-pooling requirements even when paying the full minimum wage. ...more

Ballard Spahr LLP

The DOL Proposes to Cut Tip-Pooling Restrictions

Ballard Spahr LLP on

The U.S. Department of Labor (DOL) is proposing new rules that would provide some employers with more flexibility to count tips toward the federal minimum wage—particularly important for hospitality industry businesses such...more

Lewitt Hackman

Trimming the Fat: Restaurant Menu Labeling Rule Under Further Review

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In 2010 as part of the Patient Protection and Affordable Care Act a/k/a “Obamacare”, the federal government set provisions mandating restaurant chains provide nutrition information for menu items. The U.S. Food and Drug...more

Kilpatrick

Compliance Deadline For Menu Labeling Regulation Postponed Due To Implementation Challenges; Further Request for Comments

Kilpatrick on

For those anxious about today’s compliance date for Food and Drug Administration’s (FDA) regulations governing calorie labeling, the compliance deadline has been postponed. FDA has again decided to delay the compliance date...more

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