Caroline M. Landt

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Department Of Labor Publishes Tipped Employee Final Rule

By David Grant and Caroline M. Landt on November 1, 2021 Posted in Department of Labor

On Friday, the U.S. Department of Labor (DOL) published its Final Rule governing tipped employees. The DOL kept the sweeping changes to the regulation of employees paid using a tip credit wage, which it introduced this past June in its Notice of Proposed Rulemaking (NPRM). Buttressed by the 11th Circuit’s recent decision in Rafferty v. … Continue Reading

The Department of Labor’s Latest Final Rule Publication Regulates Managers Who Receive Tips and Delineates Willful Violations of the FLSA

By Caroline M. Landt and David Grant on September 29, 2021 Posted in FLSA, Uncategorized, Wage and Hour

“Drip, drip, drip” is the best description of the Biden administration’s staggered attack on the 2020 Tip Final Rule through delays, withdrawals, amendments and notice of proposed rulemaking (NPRM). The latest action by the Department of Labor (DOL) came last week, when the Wage and Hour Division published its final rule addressing managers who receive … Continue Reading

The Devil Is In the Details: Department of Labor Publishes Tipped Employee Proposed Final Rule

By Caroline M. Landt and David Grant on June 23, 2021 Posted in DOL, Wage and Hour

The U.S. Department of Labor (DOL) published its Notice of Proposed Rule Making (NPRM) regarding tipped employees. Rejecting the Trump administration’s proposed rules governing tip-credit employees performing non-tipped duties, the DOL proposes to adopt what is known as the 80/20 rule. The devil is in the details, and the DOL now limits the 20 percent … Continue Reading

Taking Tips? Department of Labor Announces Timing for Tipped Employee Final Rule Implementation

By Jacob A. Bruner, David Grant and Caroline M. Landt on March 26, 2021 Posted in DOL

The U.S. Department of Labor (DOL) this week announced the timing for implementation of its much-awaited Final Rule controlling which employees can participate in a mandatory tip pool and changes to the “80/20” rule. The Final Rule, which revises the Fair Labor Standards Act’s (FLSA) tip regulations and implements an earlier statutory amendment concerning the … Continue Reading

Pokémon – A Wake-up Call to Employers on the Importance of Electronic Use Policies

By Caroline M. Landt on August 8, 2016 Posted in Policies

As my 11-year-old begs to borrow my mobile device to catch a Pokémon, I become one more Generation X member unwittingly joining the millions of millennials participating in an augmented reality game. For employers, Pokémon demonstrated that an app can rapidly gain enormous popularity, resulting in significant portions of the workforce downloading the app on … Continue Reading