Looking back at 2021 and ahead to 2022
FLSA and Wage and Hour Issues for Restaurants
#WorkforceWednesday: Mandatory Vaccination, Tipped Worker Rule, and SCOTUS Rules Against Organized Labor - Employment Law This Week®
Reporting Cash Tips to the IRS [More with McGlinchey, Ep. 24]
#WorkforceWednesday: EEOC Withdraws, DOL Rolls Back, and OSHA Expands - Employment Law This Week®
Employment Law Now IV-86- 3 Quick Hits: FFCRA Extension, Trump Executive Order, and New DOL Tipping Rule
II-36- Holiday Party Tips, the 2018/2019 Federal Regulatory Agenda, and Noteworthy Cases On Suing and Being Sued
With the passage of President Trump’s signature One Big Beautiful Bill, all the chatter about eliminating tax on tips and overtime wages has become something of a reality. However, the details of how the elimination of these...more
The Ninth Circuit’s decision in Harrington v. Cracker Barrel underscores the growing importance of personal jurisdiction in limiting the scope of FLSA collective actions. The court held that employees with no connection to...more
President Trump signed into law what is commonly referred to as the One Big Beautiful Bill Act (OBBBA), extending provisions from the Tax Cuts and Jobs Act of 2017 otherwise set to expire at the end of this year. The new...more
The freshly enacted “One Big Beautiful Bill” introduces two above-the-line tax deductions for tips and overtime wages. While these deductions offer potential savings for eligible workers, they come with new compliance...more
On July 4, 2025, President Donald J. Trump signed H.R.1—the One Big Beautiful Bill Act—into law following its narrow passage in the House of Representatives just days earlier. Touted as the Trump administration’s marquee...more
Don’t have the energy to slog through the 1,127 (or so) pages of the legislative text, amendments, and explanatory materials that comprise the final version of the “Big Beautiful Bill” to see how it impacts labor and...more
In November 2022, voters in Washington, D.C., approved Initiative 82, the “District of Columbia Tip Credit Elimination Act of 2022,” which set forth a gradual elimination of the use of the tip credit in the District by 2027. ...more
As we await the House of Representatives’ vote on the One Big Beautiful Bill, let’s highlight two key provisions that may soon impact employers and employees alike. The Senate bill under consideration before the House of...more
A bill to increase the hourly minimum wage from $7.25 to $15 in Pennsylvania’s most populous counties beginning 2026 has passed the General Assembly. The bill provides other, lesser increases in the state’s smaller counties....more
Most employers are prepared for new laws at the start of each year – but did you know that a heap of new workplace laws take effect at the halfway point? Here’s your employer cheat sheet to prepare for July 1 effective dates…...more
The District of Columbia passed emergency legislation on June 3, 2025 that paused an increase to the tipped minimum wage from $10 per hour to $12 per hour, which was originally set to take effect on July 1, 2025. At least for...more
Running a restaurant in New York involves managing a fast-paced, labor-intensive business—and keeping up with employment laws can be overwhelming. One of the most common legal pitfalls restaurant owners face is overtime...more
Colorado Gov. Jared Polis on June 3, 2025, signed House Bill (HB) 25-1208 into law in an effort to alleviate economic stress on the restaurant industry in Colorado by permitting localities to reduce the minimum wage for...more
Colorado has enacted House Bill 25-1001, which significantly amends the state’s wage and hour laws by enhancing enforcement mechanisms, expanding employer liability, and strengthening employee protections. The law will take...more
In the hustle of running a restaurant, it’s easy for meal breaks to slip through the cracks. However, New York law has specific requirements for giving your employees time to eat and rest. Ensuring your staff takes legally...more
Summer is upon us. Beaches, barbecues, and wage increases for non-exempt, exempt, and tipped employees! While some might not be as thrilled about the last item, we are excited to help employers across the United States...more
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
Many employers in hospitality and other service industries take the tip credit toward their minimum wage obligation under federal wage and hour law – but complying with evolving rules has been challenging in recent years....more
New Jersey stands at a crossroads regarding the compensation of tipped workers. Introduced on March 10, 2025, Assembly Bill A5433 proposes a significant change to the New Jersey Wage and Hour Law: phasing out the “tip...more
Three months into the new legislative year, with all but a handful of state legislatures currently in session, several employment law trends for 2025 have emerged. Some of the more significant trends reflect the country’s...more
In January, the U.S. Department of Labor (DOL) issued an opinion letter clarifying managers and supervisors still cannot receive or keep tips, including from a tip pool. This came shortly after the DOL restored the dual...more
Following the 2019 ballot initiative and Michigan Supreme Court decision in Mothering Justice v. Attorney General, Michigan’s Earned Sick Time Act (“ESTA”) went into effect on February 21, 2025. The ESTA sets out minimum...more
On February 21, 2025, Governor Gretchen Whitmer signed Senate Bill 8 and House Bill 4002, which, effective immediately, revise minimum wage, tip, and paid sick leave standards Michigan employers were expecting to take effect...more
Section 3(m)(2)(B) of the FLSA prohibits employers, including managers or supervisors, from keeping any portion of an employee’s tips. Accordingly, the law has been clear that a manager or supervisor cannot participate in a...more
The Arizona minimum wage increased from $14.35 per hour to $14.70 per hour. The latest increase will take effect on January 1, 2025, and will remain in effect until December 31, 2025. This means that Arizona employers will...more