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BT Currents - Hot Topics in Employment Law
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29 Dec 2017 As Predicted, DOL Proposes Changes to Tip Pool Rule

As predicted in an earlier post, the U.S. Department of Labor has issued a Notice of Proposed Rulemaking which would alter its 2011 rule on tip pooling.  The 2011 rule prevented employers from requiring tipped employees from sharing their tips with traditionally non-tipped workers.  Under the proposed rule, employers who directly pay tipped employees the full minimum wage may require those employees to pool their tips with traditionally non-tipped employees.   The Fair Labor Standards Act (“FLSA”) generally requires employers to pay employees the minimum…

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26 Oct 2017 Will the DOL Rescind the Tip Pool Rule?

  On Oct. 24, the Office of Management and Budget announced that it has received a proposal from the U.S. Department of Labor (DOL) to rescind its 2011 rule on tip pooling. The 2011 rule prevents employers from requiring tipped employees, who are paid less than minimum wage, to share their tips with traditionally non-tipped workers. The DOL has not released its proposal publicly, but its regulatory agenda for 2017 indicates that it wants to “rescind the current restrictions on tip pooling by employers that…

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30 Dec 2015 CEO Personally Liable for Company’s Wage and Hour Violations

  As most companies are aware, running afoul of the Fair Labor Standards Act (FLSA) can prove extremely costly. What is likely less well-known, however, is that the company itself may not be the only one required to pay up.  As demonstrated by a recent case out of Pennsylvania, C-level executives may also be on the hook personally for a company’s FLSA violations.   In Perez v. American Future Systems, Inc., a federal district court granted the U.S. Department of Labor’s motion for summary judgment…

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10 Feb 2015 Minimum Wage Continues to Rise

  Effective at the beginning of 2105, the laws of 29 states and the District of Columbia require minimum wages in private employment that are higher than the federal minimum wage of $7.25 per hour. Despite already requiring higher wages than the federal minimum wage, the majority of those states experienced an increase in the state-mandated minimum wage effective in 2015, according to the National Conference of State Legislatures.   In four states, voters approved minimum wage increases through ballot measures in the 2014 general…

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