As reported by our colleagues at the New York State Restaurant Association, the current Wage Board, convened to examine the state of the tip credit under New York law, today voted on, but ultimately rejected, a motion to eliminate the tip credit entirely. Tip credits under federal and state wage laws permit an
tip credit
Considerations Related To The New York Minimum Wage Increase
By Noel P. Tripp on
Posted in Minimum Wage, New York State
Click here for a summary of the wage rate changes triggered by the previously-scheduled December 31, 2014 increase to the New York minimum wage.
Minnesota Restaurant Joins Tip Credit Debate with “Minimum Wage Fee”
By Noel P. Tripp on
As the debate over the minimum wage and the role tip income should play in satisfying the minimum wage obligation for tipped employees continues on the federal and state level, a restaurant in Minnesota recently joined the fray. Rather than raise prices gradually in response to the recent increase to the Minnesota state minimum wage,…
NYS Commissioner of Labor Issues Official Wage Board Charge
By Noel P. Tripp on
On Monday, New York Commissioner of Labor Peter Rivera formally issued his Charge to the recently convened 2014 Wage Board. The Charge, available here, asks the Board to answer the following question:
What modifications, if any, should be made to the required cash wage rates and the allowable credits for tips, meals, and lodging, …
DOL Announces Proposed Rule Effectuating Increase To Contractor Minimum Wage
By Noel P. Tripp on
Posted in Department of Labor
As discussed in greater detail on the Jackson Lewis website here, this week the Department of Labor published its Proposed Rule implementing the minimum wage increase for federal contractors ordered by the President through Executive Order earlier this year. Under the EO, the minimum wage for work covered by the Davis-Bacon Act or…
Citing To Precedent, Nevada Federal Court Rejects FLSA Tip Claim Asserted By Workers Receiving Minimum Wage
By Noel P. Tripp on
A Nevada federal court’s decision is consistent with other recent federal court decisions holding that an employee has no claim for allegedly misappropriated gratuities under § 203(m) of the FLSA if no tip credit is taken and the employee receives the full minimum wage before tips, as the FLSA does not create a property right…
Following Woody Woo, Federal Court In Utah Rejects Employee Gratuity Claim Since No Tip Credit Taken
By Noel P. Tripp on
Joining several other recent federal court decisions, including a decision invalidating recently promulgated Department of Labor regulations purporting to address the issue, Judge Ted Stewart of the District of Utah has ruled that an employee has no claim for allegedly misappropriated gratuities under the FLSA unless the employer elected to take the tip credit…
Restaurant Association Defeats Department of Labor, Invalidates 2011 Tip Regulations
By Noel P. Tripp on
In 2010, the Ninth Circuit held in Cumbie v. Woody Woo, Inc., that an employee’s property right to tips attaches under the FLSA only if the employer is taking a tip credit pursuant to 29 U.S.C. § 203(m). In response to this decision the Department of Labor passed widely discussed-regulations which, contrary to the decision…
Federal Court in Indiana Dismisses Claims Alleging Work Outside Of “Tipped Occupation” As Contrary To Law And Inadequately Pleaded
By Noel P. Tripp on
Posted in Tips
In a case defended by Jackson Lewis Wage Hour Practice Group Chair and former Wage and Hour Administrator Paul DeCamp, Judge Theresa Springmann of the Northern District of Indiana on Tuesday dismissed claims brought by a former server employed by an Indiana-based Applebee’s operator alleging the restaurant was not entitled to avail itself of…
Text of NY Minimum Wage Bill Finalized
By Noel P. Tripp on
Posted in Minimum Wage, New York State
The text of the New York legislature’s proposed minimum wage increase confirms increases as previously reported:
· $8.00 on and after December 31, 2013
· $8.75 on and after December 31, 2014
· $9.00 on and after December, 2015.
Per the language of the amendment, the minimum wage requirements for food service…