| By Ada Dolph, Annette Tyman, Danielle Kays, Sam Schwartz-Fenwick, Sara Fowler, and Tom Posey About the Progam A lot can change in a year, especially during an election year! On a national level, as well as a state and local level, there have been many recent labor and employment law changes and even more changes |
WHD Releases Proposed Rule on Tipped Employees
Seyfarth Synopsis: The Department of Labor’s Wage & Hour Division announced its long-awaited proposed rule related to the FLSA’s tip provisions. The rule would implement statutory changes passed in March 2018; it also would elevate certain WHD policy guidance into regulation.
The legislative changes come from the Tip Income Protection Act, which was passed as part of
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Check, Please! DOL Issues Opinion Letter Ending Its 20% Tip Credit Rule
By Abigail Cahak and Noah Finkel
Seyfarth Synopsis: The DOL has reissued a long-awaited opinion letter withdrawing its previous 20% tip credit rule and making clear that “no limit is placed on the amount of [related but non-tipped] duties that may be performed,” so long as they are performed “contemporaneously with the duties involving direct service or for a reasonable
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DOL Bids Adieu to Six-Factor Internship Test
Seyfarth Synopsis: The Department of Labor has scrapped its 2010 Fact Sheet on internship status and adopted the more flexible and employer-friendly test devised by Second Circuit.
In a decision that surprised no one who has followed the litigation of wage hour claims by interns, the US Department of Labor has abandoned its ill-fated six-part test for
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