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Wage & Hour

Department of Labor Rescinds 80/20 Tip Rule

Employers in the restaurant industry are probably familiar with the tip credit, which, in general terms, allows an employer to claim a “credit” between what it pays tipped employees and the minimum wage.  The tips that such employees earn, and form the basis for the “credit,” are thought to make up for this gap. However, […]

Age and Wage Issues Among Many Resolved On Election Day

As votes in yesterday’s elections continue to be tallied, there were several developments of interest to employers and to labor and employment practitioners alike. Age: The ADEA Applies To Public Sector Employers Of All Sizes First, yesterday morning, the Supreme Court announced its first decision of the 2018-19 term.  In a unanimous (8-0) ruling, the […]

D.C. Creates New Training And Reporting Obligations For Employers With Tipped Employees

You may recall that earlier this year, voters in the District of Columbia passed an initiative (Initiative 77) that would have increased the minimum wage for tipped employees (who predominantly work in the restaurant, hotel, and retail service industries) incrementally up to $15.00 an hour by 2025. Recently, however, the D.C. Council changed course by […]

Expanded Construction Contractor Wage Liability Takes Effect October 1, 2018

Beginning on October 1, 2018, construction contractors doing business in Maryland may be held liable if their subcontractors fail to pay their workers.  To say that this expanded liability is significant would be an understatement. First, a bit of background.  The Maryland Wage Payment and Collection Law permits an employee who has not been paid […]

DOL’s Six Latest Opinion Letters Offer Useful Guidance To Employers

After going into hibernation during the Obama Administration, opinion letters have reemerged as part of the DOL’s Wage and Hour Division’s (WHD) efforts to guide employers seeking valuable input about legal compliance and best practices.  As the DOL itself explains, these letters are “official, written opinion[s] by WHD on how a particular law applies in […]

California Refuses To Adopt FLSA De Minimus Rule

On July 26, 2018, California’s Supreme Court ruled in Troester v. Starbucks Corporation that the FLSA’s de minimus rule does not apply to California wage and hour claims.  The FLSA’s de minimus rule is firmly established in federal wage and hour law, and generally provides that insubstantial or insignificant periods of time beyond typical working […]

Illinois Federal Court Permits Biometric Privacy Case To Proceed

Employers of all sizes attempt to balance the need for accountability in timekeeping and having employees accurately report their hours worked with respect for employees’ privacy.  To accomplish these goals in the era of modern technology, in addition to unique computer login information for individual workstations and employer-issued computers, some employers use other state-of-the-art technology […]