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It may not be in the purview of the National Labor Relations Board, but another Obama-era regulation is being rescinded by the “new sheriff in town”!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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Some Tips on Pools

Tip pooling has encountered its share of problems and challenges around the country over the past few years, but the Granite State seems to have all sides of its house in order on the subject. Voluntary tip pooling is permitted amongst directly tipped employees in New Hampshire, but not with the back side of the…

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At Least They’re Turning!

There’s that old saying that the wheels of government turn slowly, and they may even be stopped altogether in many instances, but, the reality is that the federal government is moving favorably for small business on a number of issues. The Department of Labor is moving forward on several fronts that you will want to…

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SCOTUS To Decide Tip Pooling Issue

It has been a point of contention – and a source of great income for some in the plaintiff’s bar – for the past several years, but the validity and breadth of tip pooling in the restaurant industry will finally be decided when the Supreme Court (SCOTUS) hears the question this fall. In yet another…

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Massachusetts Tip Pooling Bill Advances

The Joint Committee on Labor and Workforce Development has reported out favorably legislation endorsed by DDIFO and pushed over the past several years.  The legislation was voted out by Committee and sent for further deliberation in both the House and Senate.  The tip pooling issue surfaced a few years ago with class action lawsuits exploiting…

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Massachusetts Hears Tip Pooling & Fair Scheduling Bills

The Massachusetts legislature next week will host a public hearing at which DDIFO will testify strongly in support on one bill and just as strongly in opposition to another.  The joint Committee on Labor and Workforce Development will host the hearing beginning at 11:30 AM, at which it will take testimony on H.1704, an Act…

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Massachusetts “No-Tipping” Policy Legal

We were delighted with the decision of the Massachusetts Supreme Judicial Court a week ago affirming that franchise owners have to right to decide whether to allow tipping in their stores.  Meshna v Scrivanos was decided in favor of the franchise owner after the case was taken from the appellate court docket for direct review…

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Scrivanos Wins at Massachusetts Supreme Judicial Court!

DDIFO amicus brief was right on the money! Back in January, 2014, the Massachusetts Supreme Judicial Court, the highest court in the state, took up on direct appellate review the no tipping issues presented in the case of Meshna v Scrivanos. DDIFO acted quickly and in concert with the attorney for DD franchisee and plaintiff,…

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