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…

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DOL Withdraws Opinion Letters

Underscoring the importance of who’s calling the shots at the NLRB, DOL and other federal departments during the transition from the Trump to the Biden administration, the U.S. Department of Labor (DOL) this week announced that it was withdrawing three opinion letters that address compliance issues related to the Fair Labor Standards Act (FLSA). The…

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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…

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DOL Passes New Tip Pooling Rule

The U.S. Department of Labor (DOL) has issued its long-awaited Final Rule addressing who may share tips under the Fair Labor Standards Act (FLSA) and the circumstances under which employers may use a tip credit. It will become effective on March 1, 2021, 60 days after publication in the Federal Register. The Final Rule implements a 2018 amendment…

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Federal Comment Periods Extended Again

Two federal agencies this week again extended the public comment period on pending regulations. The comment period on the proposed DOL amended tip-pooling rule, which was scheduled to end this past Monday was extended by the Wage and Hour Division due to an outage on the federal website, www.Regulations.gov. After the outage was resolved, the…

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Yet, Another DOL Tip Pooling Rule

On Monday of this week, the Department of Labor (DOL) released yet another amended tip-pooling proposal. The latest iteration however, only applies to employers who do not take a tip credit. It will allow employers to pool tips from front-of-the-house workers and share them with back-of-the-house employees who aren’t normally tipped. This most recent change…

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Alaska Bans Mandatory Tip Pooling

Effectively reinstating the ban on tip pooling that had been implemented by the Obama administration a few years ago, the Alaska Department of Labor and Workforce Development implemented a new regulation that took effect last Friday banning the mandatory sharing of tips in the state of Alaska. The effort was undertaken to nullify the Trump…

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SCOTUS Stealing The Headlines

Our democracy is predicated on the three branches of government being equal in power, but over the past week or so, the judiciary – and the US Supreme Court in particular – has sucked all the power out of the room! Most recently, the court’s decision in the Janus case (which we cover below) has…

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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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