Co-authored by Abigail Cahak and Noah Finkel

Seyfarth Synopsis: The Ninth Circuit has created a circuit split by rejecting the DOL’s interpretation of FLSA regulations on use of the tip credit to pay regularly tipped employees, finding that the interpretation is both inconsistent with the regulation and attempts to create a de facto new regulation.

The Ninth Circuit Court of
Continue Reading Ninth Circuit Cooks Up Rejection of Servers’ Claims and Sends DOL’s 20% Tip Credit Rule Back to the Kitchen, Creating Circuit Split

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

USDC NGA.gifCo-authored by Brett BartlettFritz 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

Continue Reading Suite Success: Georgia Federal Court Dismisses Class Action Alleging Wrongful Retention of Service Charges at Large Venue Luxury Suites