Tip credit controversies are alive and well as employers seek clarity on the USDOL's so-called 20% Rule regarding "tipped employees" engaging in activities that do not, or at least not directly, produce tips.
Employers should be aware of how we got to the recent FLSA amendment regarding tips, and have a solid understanding of their own tip-related practices, before trying to determine where to go from here.
Whether the FLSA effectively prohibits an employer from imposing certain costs (such as for purchasing a uniform) on an employee depends on a variety of factors, including whether it is cost-prohibitive in the particular circumstances.
The U.S. Department of Labor has now proposed regulatory revisions that would in effect rescind the prior administration's tip-retention restrictions as to employers who do not rely upon the FLSA tip-credit.
The 11th Circuit U.S. Court of Appeals has ruled that a tipped employee for whom no FLSA "tip credit" had been taken, and to whom all FLSA wages due had been paid, had no FLSA claim against her employer with regard to its allegedly having converted some of her tips to its own uses.
Donald Trump's election does not mean that employers may now ignore the coming changes in the federal Fair Labor Standards Act's "white collar" definitions.
Overlooking or permitting substandard work can make it harder to defend against claims that an employee should not have been treated as exempt.
The 5th Circuit U.S. Court of Appeals has rejected an employee's claim to have been entitled to FLSA overtime compensation for unreported hours worked.
The U.S. Labor Department has now announced that, beginning on November 12, it will start enforcing its revised regulations governing the FLSA's Section 13(a)(15) "companionship" exemption and Section 13(b)(21) overtime exemption for "live-in domestics".
Even though regulatory changes in these exemptions are now in effect, the U.S. Labor Department says that it will not bring any enforcement actions for a 30-day period following the date that the District of Columbia U.S. Court of Appeals issues its mandate to the lower federal court.