by Michael Kun
The California Supreme Court has announced what can only be considered a major victory for hospitality employers in California.
California Labor Code section 351 probibits employers from taking any tip that customers may leave for employees. Many hospitality employers have long used tip-sharing policies, whereby tips left by customers are divided among those involved in service. In recent years, those tip-pooling practices have been challenged under section 351 as part of the wave of wage-hour class actions brought against California hospitality employers.
On June 16, the Department of Labor issued an “Administrator’s Interpretation” addressing the compensability of time spent by employees changing clothes and equipment before and after work (commonly referred to as “donning and doffing). The Interpretation reversed opinion letters on the subject issued by the Bush administration in 2002 and 2007, and lowered the standard for employees to seek compensation for such activities.
The Interpretation addressed two issues. First, the advisory notes that Section 203(o) of the Fair Labor Standards Act (FLSA), which ...
The Wage and Hour Division issued new updated regulations for non-agricultural industries on May 19, 2010. These laws strengthened the restrictions on minors under age 18 working in dangerous occupations or around certain equipment or machinery in the workplace.
A practical chart from DOL showing the differences in the old and new regulations can be found here.
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