DC Tip Credit Initiative Clear for Ballot

You can chalk up another advocacy victory for One Fair Wage, the advocacy group backed by the Restaurant Opportunities Center (ROC), as initial approval of the language was granted to The District of Columbia Tip Elimination Act of 2021 (Initiative 82) for placement on the Washington, DC primary ballot in 2022. Notwithstanding approval of the…

Read More »

Tip Credit Suit Tossed by Court

Along a similar line, a U.S. District Court judge for the Northern District of California has dismissed a lawsuit brought by One Fair Wage (an SEIU-sponsored advocacy group associated with the Restaurant Opportunities Center), ruling that the organization did not have standing to bring the complaint. The suit, filed against Darden Restaurants, alleged that the…

Read More »

OMB Completes Review of DOL Tip Rule

Last week, the White House Office of Management and Budget (OMB) completed its review of a new proposed DOL Tipping Regulation under the Fair Labor Standards Act (FLSA) – the last step in the review process before a new regulation is published in the Federal Register. The regulation will tighten the rules that govern how…

Read More »

DOL Caps Tip Work at 30 Minutes

The picture is becoming increasingly clear as to the depth and breadth of the pro-worker thrust of the US Department of Labor in the Biden administration. Earlier this week, the Wage and Hour Division issued a proposed rulemaking that would scale back the circumstances under which an employer may pay a lower minimum wage to…

Read More »

Different Directions on Minimum Wages

As we anticipate another run by progressives in Congress at a federal $15 minimum wage, it’s reported that a group of moderate Senators – led by Kyrsten Sinema (D-AZ) and Mitt Romney (R-UT) are working on bipartisan legislation that would increase the federal minimum over the next four years from the current $7.25 to $10…

Read More »

DOL Delays New Tip Pooling Rule

Call it the “Final Rule” that isn’t, as the Department of Labor has now delayed the implementation of its Final Rule on tip pooling under the Fair Labor Standards Act (FLSA). The Tip Regulations Final Rule was just finalized in late December and was set to become effective on March 1, 2021. However, in one…

Read More »

House Bill Would Double Federal Minimum Wage

Democratic representatives in Congress made good on promises to file legislation increasing the federal minimum wage this week with The Raise the Wage Act of 2021 being officially filed. As we know there was much talk during the campaign on the democratic side – from President Biden as well as several reps and senators –…

Read More »

Massachusetts Fixes Tip Pooling Law

With the signing of H.5250, the omnibus Economic Stimulus bill on January 5, the last day of the legislative session, our decade-long effort to correct the Massachusetts tip pooling law finally bore fruit. Governor Charlie Baker last week signed the legislation into law including a critical provision amending the statutory definition of wait staff employee…

Read More »

States Codifying 80/20 Rule

Almost a full year and a half ago, the US Department of Labor (DOL) officially rid the federal regulatory bureaucracy of the so-called 80/20 Rule, which governed minimum wage calculations and requirements for tipped employees when they perform ‘non-tip’ functions. Since then however, individual states have sought to adopt their own versions of the 80/20…

Read More »

New York City Targets DoorDash

To welcome in the New Year, New York City Councilor Ritchie Torres filed legislation in the Council that seemingly targets tipping policies of a number of third party delivery companies such as DoorDash. Torres’ legislation, if it passes the council and is approved by Mayor de Blasio, would require certain businesses within The Big Apple…

Read More »