In Part 1 of our 3-part series reviewing tipping rules under the Federal Fair Labor Standards Act (“FLSA”) and Depart of Labor’s (“DOL”) Tip Rule, we discussed when payments to employees constitute “tips,” when an employee is considered a “tipped employee,” and an employer’s related minimum wage obligations. In Part 2 of the series, we…
Review Your Tips Processes Now or Pay Later, Part 2: Diving into the Tip Pool
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Review Your Tips Processes Now or Pay Later
Introduction As of the DOL’s fiscal year ended September 31, 2022, the Wage and Hour Division of the Department of Labor (“DOL”) recovered over $27 million in back wages and illegally retained tips for more than 22,000 workers in the food service industry.[1] The reason? Employers improperly withheld and distributed tips that rightfully belonged to…
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What Every Township Employer Should Know About Discrimination, Harassment, and Hostile Work Environments
Nearly everyone has heard the term “hostile work environment,” and just about everyone has some idea what harassment and discrimination are. But those terms and how they work in the employment setting is very commonly misunderstood by employees, department heads, and elected officials. This confusion can result in misunderstandings, inconsistent application of rules, and, at…
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Federal Vaccine Mandate Update & More Changes to COVID-19 Protocols
One federal vaccine mandate has recently been reinstated by the Sixth Circuit Court of Appeals. Read on to learn more about the new effective dates for the Occupational Safety and Health Administration’s (OSHA) COVID-19 Vaccination and Testing; Emergency Temporary Standard for employers with 100 or more employees OSHA (Rules); and new standards from Centers for…
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The DOL Adds a New Tip Pool Option
Tip pooling is the practice of tipped employees to contributing their tips into one collective pool shared and divided evenly among that group. Previously, there were only two legally acceptable options for tip pools. On April 30, 2021, the DOL opened the door a bit wider for a new variation! Now that the DOL has…
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Check Yourself: The 80/20 Rule for Tipped Employees is Back
The US Department of Labor (DOL) published a final rule on October 28, 2021, that brings back the 80/20 rule that was used by the DOL until 2018 for confirming tipped employees’ eligibility for the tip credit. This rule measures the amount of side work a tipped employee could perform without impacting your ability to…
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Offering Vaccine Incentives to Employees
When the Equal Employment Opportunity Commission (“EEOC”) initially provided guidance outlining how employers could manage employee vaccination back in December, it remained unclear whether (and to what extent!) employers were permitted to offer their employees incentives to encourage vaccination. On May 28, the EEOC finally released guidance clearing this up: employers may offer vaccination incentives….
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Update: MIOSHA Emergency Rules to be Extended
In an employment law update we published last week, we told you that the Michigan Occupational Safety and Health Administration (MIOSHA) was considering extending its Emergency Rules for the workplace (available here) for an additional six months. On Monday, April 12, Governor Whitmer announced that that the MIOSHA Emergency Rules would be extended for an…
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Employment Updates: MIOSHA and Unemployment Benefits Matters
MIOSHA WORKING ON NEW COVID-19 RULES The Michigan Occupational Safety and Health Administration (MIOSHA) has started the formal rulemaking process to continue its efforts to mitigate and control the spread of COVID-19 in the workplace. As you know, MIOSHA issued Emergency Rules in October 2020. Although those Emergency Rules are currently set to expire on…
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Fahey Schultz Burzych Rhodes PLC ranked in 2021 “Best Law Firms”
Fahey Schultz Burzych Rhodes PLC has been ranked in the 2021 U.S. News – Best Lawyers® “Best Law Firms” list regionally in 11 practice areas. Firms included in the 2021 “Best Law Firms” list are recognized for professional excellence with persistently impressive ratings from clients and peers. Achieving a tiered ranking signals a unique combination of quality law…
