Tag Archives: restaurant

Manhattan Restaurant Prevails On Wage-and-Hour Claims Following Trial

Demoralized by the attendant costs of litigation and a shifting compliance environment in numerous jurisdictions, many hospitality industry employers have resolved wage-and-hour lawsuits brought in New York City and elsewhere over the last number of years.  Bucking this trend, one such employer recently successfully defended its wage practices at trial.  Mendez v. Int’l Food House, … Continue Reading

Florida Judge Rejects Retaliation, Interference Claims Brought By Wait Staff

One defense commonly asserted to retaliation claims under the FLSA (and most other anti-retaliation statutes) is whether the complaint or activity allegedly leading to the alleged adverse action constituted “protected activity” under the relevant statute. Seeking to clarify this standard, a Florida District Court Judge found the alleged complaints were not sufficiently specific to constitute “protected … Continue Reading

Restaurant General Manager Is Exempt Administrative Employee Based on Managerial Duties

A recent federal court decision reiterates that an employee whose primary duties are managerial in nature who wields discretion and independent judgment to make employment and business decisions qualifies for the administrative exemption under the Fair Labor Standards Act and New York Labor Law, in addition to eligibility for the “executive” exemption commonly applied to … Continue Reading

Industry Association’s Challenge New USDOL Tip Credit Rule

The hospitality industry remains a favorite target for wage/hour lawsuits. On June 16, 2011, a group of industry associations led by the National Restaurant Association filed a lawsuit of its own in the District Court for the District of Columbia, challenging the new DOL regulations effective in May expanding the notice requirements associated with taking a … Continue Reading

How Broad is the Ninth Circuit’s Woody Woo Decision?

The Ninth Circuit Court of Appeals recently ruled that the FLSA does not restrict employer-mandated tip-pooling arrangements when no tip credit is taken by the employer against the minimum wage obligation.  Cumbie v. Woody Woo, Inc., et al., No. 08-35718 (9th Cir. Feb. 23, 2010).  Further, the Court rejected the DOL’s regulation at 29 C.F.R. … Continue Reading
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