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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Joint Employer in the Crosshairs

The House’s  Workforce Protections subcommittee held a public hearing this week on the Save Local Business Act (HR.3441), a bill filed by Alabama republican Congressman Bradley Byrne and co-sponsored by 63 others even including a handful of democratic members. Notwithstanding the bipartisan support the bill has enjoyed, this memo from democratic congressional staff paints a…

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And Across the Aisle

The Strong Families Act may have had bipartisan sponsors, but it was only democratic Senators and Representatives in Congress that filed the Wage Theft Prevention and Wage Recovery Act earlier this week. Senators Patti Murray (WA) was joined by Senators Al Franken (MN) and Sherrod Brown as well as Connecticut Representative Rosa DeLauro and Bobby…

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DOL Dumps Joint Employer Rule

It didn’t take new Secretary of Labor Alex Acosta too long to determine that the expanded definition of joint-employer by the Obama-era Labor Department (DOL) was a dramatic overreach and to fix it. Earlier this week, Acosta announced that the DOL had withdrawn the joint employer guideline. Recall back in 2015 that David Weil, DOL…

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Federal OT Rule Stalled But State Rules Apply

As we know, the federal court in Texas has overturned the Department of Labor overtime rule doubling the federal overtime exemption to over $47,000 per year, but you may still be bound by a higher threshold.  Our friends at The Bennett Law Firm sent out a notice this week that could save franchisees in some…

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DOL Prepares for New Overtime Rule

The DOL new overtime rule has been enjoined by a federal court in Texas pending final disposition of 2 distinct legal challenges – one brought by 21 states and the other filed by a number of business (the two cases have since been consolidated in State of Nevada v U.S. Department of Labor).  Notwithstanding that…

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New FLSA Posters Required

Since August 1, employers have been required to post new revised versions of the Fair Labor Standards Act posters produced by the federal government.  The Department of Labor (DOL) reworded a number of the sections and added information about independent contractors and nursing mothers to the document.  In addition, DOL deleted specific information about the…

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DOL Increases Penalties for FLSA, FMLA Violations

Coming on the heels of their significantly increasing the overtime exemption threshold, the Department of Labor (DOL) has now issued an interim final rule that increases civil penalties for violations of the Fair Labor Standards Act (FLSA), the Family and Medical Leave Act (FMLA) and all laws under their jurisdiction.  Under the new regulation, which…

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Minnesota Tip Pooling Ruling Expands Employee Rights

A decision by the Minnesota Court of Appeals is causing some concern in certain circles over the expansion of employee rights the decision seems to grant.  In Burt v Rackner, Inc. d/b/a Bunny’s Bar & Grill, the court ruled that an employee who refused an employer’s directive (which violated the tip pooling law in this…

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Overtime Regulation Comments Submitted

As we reported to you last week, DDIFO was one of over a dozen different independent franchisee associations to sign on to the International Franchise Association comments in opposition to the new overtime threshold.  The Obama administration has essentially doubled the previous amount of salary below which an employee must be given overtime compensation.  In…

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