Tipped Employees + Active Listening + Trademarks & Branding in Canada + Vaccination Policy Lawsuits + Accessibility Data Requirements

On Monday, June 21st, the Department of Labor ("DOL") issued a Notice of Proposed Rulemaking ("NPRM") that would alter regulations interpreting who is considered a "tipped employee" under the Fair Labor Standards Act ("FLSA") yet again. Specifically, the NPRM proposes (1) to withdraw the dual jobs portion of the Final Rule promulgated in December 2020; and (2) a new regulatory framework by which to determine whether an employee is performing work that meets the definition of a tipped occupation and allows the employer to take a tip credit under the FLSA. Specifically, the FLSA allows an employer to pay a tipped employee less than the minimum wage – specifically $2.13 per hour under Federal law – only when the worker is engaged in a tipped occupation because the tips the employee receives should make up for the rest of minimum wage hourly rate. The NPRM creates a revised standard by which an employer would determine who is a "tipped employee" and for what portion of that employee’s work hours the employer can take a tip credit and pay the employee at the lower rate. The standard the DOL proposes to adopt generally reflects the interpretive guidance it maintained for decades before a new standard was established during the Trump Administration – the "80/20 Rule" – along with some other changes that the DOL asserts better define tipped work.

Hannah Becker, Senior Associate of Gray Robinson, provides an update on the regulations surrounding cocktails-to-go and curbside pickup, exploring how regulations were updated in 2020 to combat the effects of COVID-19 and how they are holding up now across the country, and considerations operators should keep in mind to stay compliant.

These recordings are provided as an exclusive, complimentary service for our Converge patrons. We hope you can gain valuable information for you and your organization through this recorded session from The Virtual Hospitality Law Conference which was held May 4-5, 2021.