Delivering Hospitality Employment Law & Safety News to HR Professionals

June 2019's Converge Newsletter
If The Shoe Fits: How Footwear Policy May Lead To Wage And Hour Violations
hands holding up different shoes
June 3, 2019 via Fisher Phillips

Hotel and restaurant employers commonly require employees to wear uniforms, some as simple as a shirt with company logo, others requiring a more complete look: jacket or blouse and pants or skirt, or dress. Some employers, however, fail to consider the consequences of imposing the cost of the uniform on an employee. Under the federal Fair Labor Standards Act (FLSA), an employer violates the law when a uniform deduction cuts into a non-exempt employee’s minimum wage or overtime wages. Thus, an employer must carefully consider the amount of deduction and the impact it will have on an employee’s statutorily protected wages.

But not every article of clothing constitutes a "uniform" under the FLSA. The U.S. Department of Labor (USDOL) has long maintained that certain clothing, although required by the employer, is of such a character that it may be reasonably worn outside the context of work and therefore is not a uniform. Shoes are an interesting case-study.

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No One Likes Surprises – Corporate Counsel Lessons Learned by Clients

June 11, 2019 via ConvergeBlog
As the growth of information technology continues to drive our world and compliance standards and regulations continue to increase, it is now more important than ever to be proactive and consistently involve legal counsel when making decisions.
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Workplace Posters – Maintaining Compliance with a Moving Target

June 10, 2019 via Foley & Lardner

Complying with workplace poster requirements requires vigilance and regular monitoring of federal, state, and local laws.
Foley Gardere
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The Do’s and Don’ts of Interviewing Applicants
June 5, 2019 via Cozen O'Connor

What might come across as a surprise is that you also want to steer away from those questions that kind of come up during the small talk part of the interview. Those questions might be on the topics of familial status, education, caregiver responsibilities, arrest and conviction records. All of those can also be very problematic.
Cozen O'Connor
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