Co-authored by John W. Egan and Robert Whitman
Tip pools and tip sharing are hot topics in New York for employers in the food service and hospitality industries. The Second Circuit recently certified to the New York Court of Appeals two questions seeking to clarify the New York Labor Law’s prohibition against participation by an employer’s “agents” in tip
Continue Reading Battle “Grande” over Starbucks’ Tip Pools Heading to the New York Court of Appeals
Authored by Alex Passantino
On February 29, 2012, the Deputy Administrator of the Wage and Hour Division (WHD) of the U.S. Department of Labor issued Field Assistance Bulletin (“FAB”) [*] 2012-2, in which she sets forth WHD’s enforcement policy with respect to the 2011 tip credit regulations. Readers of this blog will recall that in April 2011 WHD published
Co-Authored by Ariel Cudkowicz and Kevin Young
As we reported earlier this summer, the hospitality industry has, in recent years, attracted the attention of various plaintiffs’ attorneys who have attacked, on behalf of service employees, practices related to levying service charges on food and beverage purchases. While several recent decisions have stemmed the tide of such cases, threats
Continue Reading Federal Court Says “Aloha” to Hotel Service Charge Practices in Hawaii
Co-authored by Brett Bartlett, Fritz Smith and Kevin Young
On June 8, the United States District Court for the Northern District of Georgia dismissed with prejudice a putative class action filed on behalf of individuals who worked for Levy Restaurants as luxury suite attendants at the Georgia Dome, Philips Arena, and the Atlanta Motor Speedway. The seven named plaintiffs