Authored by Cheryl Luce
Seyfarth Synopsis: If it becomes law, a new bill will expand the FLSA’s tip provisions into areas traditionally regulated by state law and create new areas of ambiguity that could be a breeding ground for yet more wage-hour litigation.
We have been covering the saga of a controversial 2011 DOL regulation that gave employees the right
Continue Reading Introducing the Tip Income Protection Act: Congress’s Misguided Attempt to Turn the FLSA Into a Wage Payment Law
Co-authored by Howard M. Wexler and Robert S. Whitman
Seyfarth Synopsis: Governor Andrew Cuomo has directed the Commissioner of Labor to schedule public hearings to address the possibility of eliminating the tip credit. A tip credit allows an employer to pay less than minimum wage to employees who receive the bulk of their pay in customer tips.
As we
Continue Reading NY Governor Signals “Tipping” Point Over Elimination of Minimum Wage Tip Credit
Authored by Cheryl Luce
Seyfarth Synopsis: Tipped workers who didn’t receive notice of the tip credit get a win under New York state minimum wage law in a case that echoes technical traps we have seen in FLSA decisions.
Throughout the year, we have been covering cases that show how the FLSA has been construed by courts as “remedial
Authored By Alex Passantino
As we’ve reported previously, among the items the Department of Labor identified earlier this year in its Regulatory Agenda was a Notice of Proposed Rulemaking (NPRM) seeking to rescind portions of a 2011 rule that restricted tip pooling for employers who do not use the tip credit to satisfy their minimum wage obligations. On October
Continue Reading Tip Credit Rule to White House
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
Authored by Alex Passantino
As we blogged last year, the President’s Executive Order establishing a minimum wage for certain federal contractor employees requires that the minimum wage be adjusted on an annual basis. In the September 16, 2015 Federal Register, the Department of Labor’s Wage & Hour Division will announce that the wage rate will increase from $10.10 per
Continue Reading Federal Contractor Minimum Wage to Increase