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Is an oyster shucker who works in the “front of the house” allowed to share in the tip pool? Are a hotel restaurant and related members club joint employers for overtime purposes? The US Department of Labor (DOL) recently issued opinion letters on these topics and explained why the answer is “yes” to both questions under the Fair Labor Standards Act (FLSA).‌
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October 2025  /  View this email in your browser.

HospitalityLawyer.com® Newsletter Hospitality Law & Safety
Via HL Blog image: Waitress preparing wine glasses at restaurant table TEXT: From Joint Employers to Oyster Shuckers: DOL Issues Opinion Letters on Hospitality Sector Wage Issues

Is an oyster shucker who works in the “front of the house” allowed to share in the tip pool? Are a hotel restaurant and related members club joint employers for overtime purposes? The US Department of Labor (DOL) recently issued opinion letters on these topics and explained why the answer is “yes” to both questions under the Fair Labor Standards Act (FLSA). While the opinion letters apply only to the specific facts as presented, the analyses can serve as a roadmap for hospitality sector employers. Here’s what you need to know and the steps you can take to ensure compliance with the applicable rules.

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Businessman moving through airport with suitcase and passport

Significant H-1B Program Changes – New $100,000 Fee, Enforcement Initiative, and Proposed Lottery Overhaul


via CSG Law

While an individual H-1B Worker may not be subject to the fee, we expect and have encountered some uncertainty at U.S. Consulates and U.S. Customs and Border Protection in the implementation of the Proclamation. This may lead to delays in visa issuance or U.S. entry even if an individual is not subject to the fee.

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CSG Law
Ice Police agents - Immigration and Customs Enforcement.
Close-up of POLICE ICE marking on the back of worn by a trio of DHS police officers at the scene of an incident.

How Employers Should Prepare for Potential Immigration Enforcement Activity Under the Trump Administration


via Laner Muchin

Employers should anticipate the possibility of unannounced worksite visits and train public-facing staff in advance on how to respond appropriately. Proper preparation now can protect your business, employees, and legal interests.

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Laner Muchin


Increasing Immigration Enforcement: Steps Employers Should Take to Prepare


RECORDED SESSION

Increasing Immigration Enforcement: Steps Employers Should Take to Prepare

via Fisher Phillips


Do You Need A Lawyer That Understands Your
Business?
Water drop making splash

Elevating Hotel Safety: Why Water Monitoring and Digital Emergency Response Can’t Wait


via Hotel News Resource

Water loss and damage are among the most common and costly risks faced by hotels today, and yet, hotels often treat this brand of emergency as a low-tech, behind-the-scenes concern. But in 2025, the future belongs to those who move fastest to modernize safety and maintenance protocols.

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Unions Members striking

Union Activity at Hotels Takes Quieter Tone in 2025


via CoStar

The 2025 labor survey issued by labor and employment focused law firm Littler noted a drop in the pace of union organizing in the first half of the year, with 75% of businesses saying they haven't encountered organizing activities. The survey also noted 61% of large employers recently updated their labor relations strategy.

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Via Hotel Dive image: person hitting panic button TEXT: As workplace Incidents Rise, So do Panic Button Laws

The number of states and localities with panic button laws is small but growing as incidents like the Manhattan office building shooting in July raise concerns over worksite violence.


“It takes an incident to put [the need for panic buttons] in your mind,” says Kenny Kelley, founder and CEO of Silent Beacon, a company that competes in the panic button space.


Last year, New York lawmakers enacted the Retail Workers Act that requires employers to create a violence prevention plan and, if they have at least 500 workers, give each employee a panic button.

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