Employers that utilize the “tip credit” under the federal Fair Labor Standards Act, or whose employees receive tips, should carefully consider regulatory changes that were proposed by USDOL today.
USDOL has maintained a very busy agenda for the end of 2018 and the beginning of 2019, but recent action plans released by the President show that we may be in for additional, significant regulatory changes in the future.
Fisher Phillips continues to urge USDOL to publish a valid "Overtime Rule" that is practical to apply.
USDOL's proposed white-collar exemption changes a/k/a Overtime Rule 2.0 includes a proposed minimum salary threshold of $679 per week. The period for public comment will close on May 21, 2019.
USDOL's long-awaited proposed white-collar exemption changes a/k/a Overtime Rule 2.0 includes a proposed minimum salary threshold of $679 per week.
USDOL reportedly is submitting a proposed rule for review by the federal Office of Management and Budget. Publication on target for first quarter.
In an opinion illustrating the tangled web we weave when de-facto legislation takes place outside of Congress, the Ninth Circuit in Marsh v. J. Alexander's gave deference to the USDOL's sub-regulatory "20% Rule", restricting an FLSA tipped employee's activities, essentially on the basis that the agency's position was previously available online and that employers were therefore presumed to have notice of its potential effect.
The first of several USDOL "listening" sessions provided few answers. The primary question remains whether the agency will listen this time around as it takes on the FLSA's white-collar exemptions.