Authored by Alex Passantino

Seyfarth Synopsis: The Wage & Hour Division announced its regulatory plan for the next year and it is less ambitious than some may have anticipated.  A request for information on the overtime rule and a proposal to rescind a limited tip credit regulation are all that is on the immediate horizon for employers.

Each spring and
Continue Reading What’s on the Agenda? Tips and OT


Second Circuit Seal.jpgCo-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 Mary Ahrens

In Winans, et al. v. Starbucks Corp., Case No. 08-3734 (S.D.N.Y. Dec. 15, 2010), a group of assistant store managers, brought a potential class action against Starbucks, claiming that they were wrongly left out of participating in tip pools.  In defending the case, Starbucks asked certain employees to provide statements favorable to Starbucks, and Starbucks made

Continue Reading Pre-Certification Communications Permitted