Tag Archives: Restaurants

Involved In Multiple Businesses? You Might Be a Joint Employer!

In our previous post about the DOL’s new Administrator’s Interpretation (“AI”) on joint employment under the FLSA, we focused on “vertical” joint employment. That’s the variety of joint employment that exists when there is some sort of intermediary, like a staffing firm, PLA, or temp agency between the employee and the employer that is ultimately … Continue Reading

Are You in the DOL's Crosshairs? Statistics Give Warning to Retail, Hospitality Employers

Last week, the Department of Labor posted a new blog post from Wage and Hour Division Administrator Dr. David Weil highlighting the DOL’s wage and hour enforcement efforts. Dr. Weil’s statement that the DOL recovered “over $240 million owed to more than 270,000 workers nationwide in fiscal year 2014 alone” sent me digging in the … Continue Reading

The 20% Rule for Tips is Back in the News

We’ve covered tips and tip credits at length in the past here, here, here, and here, and I could probably blog all day, every day just to keep up with the volume of tip-related cases and actions that are filed nationwide, some high profile and others not. I want to highlight one of them here. … Continue Reading

Another Celebrity Chef Runs Afoul of Tip Pooling Rules

Shortly after my co-author, Bill Pokorny, wrote about celebrity and Iron Chef Mario Batali’s multi-million dollar settlement of a class action tip pooling lawsuit, another celebrity chef here in Chicago was sued for violating tip pooling laws.  In March 2012, a lawsuit was filed against Master Chef Graham Elliot by 14 former employees over tip … Continue Reading

Mario Batali Restaurants Settle Tip Pool Lawsuit For $5.25 Million

The latest news in celebrity chef wage and hour litigation is that eight New York restaurants owned by Mario Batali have agreed to settle $5.25 million to settle a class action lawsuit alleging that they illegally withheld tips from hourly service workers. The proposed settlement, which must still be approved by the court following a fairness hearing, … Continue Reading

Ten Things Small Business Needs To Know About Minimum Wage and Overtime

I read the stories every day: some small business, often a local restaurant or a similar “mom and pop” operation, gets sued or tagged by the Department of Labor for failing to pay minimum wages and overtime to employees. Here’s just one example.  I have worked with a fair number of small and midsize businesses. … Continue Reading
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