DOL Clarifies Tip Pooling Rules

The US Department of Labor this week issued Field Assistance Bulletin (FAB) 2018-3 on the impact of the tip pooling provisions contained in the Omnibus Spending Bill signed into law by the President a few weeks ago. The FAB makes clear that employers who pay the full FLSA minimum wage are no longer prohibited from…

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Tiptoe Through the Tip Pool

It would appear that legislative proposals governing tipped wages are becoming more commonplace, and more restrictive. As we know, the Omnibus Spending Bill signed into law a week ago by the President contained a compromise provision that specifically prohibits employers from taking money from the tips left for their workers. Further, that provision also seems…

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Labor Amnesty Program Starts Tuesday

The Department of Labor’s new amnesty program for companies that owe back wages becomes effective next Tuesday, April 3. The Payroll Audit Independent Determination (PAID) program allows employers to self-report wage and hour violations without legal consequences so long as they are not prior offenders and they pay affected workers the full back pay owed.…

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Omnibus Bill Muddies Tip Pools; Hikes DOL, NLRB Budgets

The Omnibus spending bill, unveiled by Congressional negotiators Wednesday and passed by the House yesterday, includes a number of provisions relevant to pending labor issues. Of primary concern is a so-called compromise provision on the tip pooling issue that in actuality is potentially devastating to small businesses. The compromise, which was authored by Senator Patty…

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House Democrats Target Tip Pooling Rule

The recent efforts of the Department of Labor to rescind an Obama-era restriction on tip pools were targeted yesterday by House democrats. A roundtable held in DC focused on generating opposition to the DOL proposed rule allowing tip pooling. Democratic members of the Committee on Education and the Workforce among others joined representatives from the…

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Tipping Over the Tip Pool

It’s been in the news steadily over several weeks, but the Trump administration plan to revisit and likely rescind the tip pool restrictions implemented by the Obama Department of Labor (DOL) took a significant hit last week. It is now alleged that Labor Secretary Alex Acosta buried some research on the question that reflected poorly…

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Tip Pool Rule Comments

Those interested in the Department of Labor’s proposed new rule governing tip pooling have just over one more week to submit comments to DOL. The comment period, originally set to expire on January 3, was extended for another month and now expires one week from next Monday, on February 5, 2018. The changes overturn the…

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But They’re Good With Tip Pooling Extension

As aghast as the aforementioned Representative Bobby Scott claimed to be over the reversal of the joint employer and other rulings by the NLRB, it appears he was much pleased with Secretary of Labor Alex Acosta and his extension of the public comment period on a potential tip pooling rule change. You will recall that…

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And, Tip Pooling Too

It may not be in the purview of the National Labor Relations Board, but another Obama-era regulation is being rescinded by the “new sheriff in town”! The Trump administration has proposed rescinding the rule that prevents employers from including “back-of-house employees” in workplace tip pools, but only in businesses that pay the standard minimum wage.…

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Tip Pooling To OMB

Earlier this week while attending an excellent CFA Forum and Lobby Day in Washington DC, we learned that the Department of Labor sent a revised rule on tip pooling to the White House Office of Management and Budget for approval. OMB must approve new regulations before they are published in the Federal Register. The proposed…

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