In a highly anticipated opinion, on August 23, 2024, the Fifth Circuit in Restaurant Law Center v. U.S. Department of Labor (Case No. 23-50562) struck down a Final Rule promulgated by the U.S. Department of Labor (DOL) that restricted when employers may claim a “tip credit” for “tipped employees” under the Fair Labor Standards Act (FLSA).Continue Reading Fifth Circuit Strikes Down U.S. Department of Labor Tip Credit Rule

On August 19, 2024, the Colorado Supreme Court announced that it will decide what statute of limitations applies to claims brought under the Colorado Minimum Wage Act – the Colorado Wage Claim Act ’s two or three-year statute of limitations (depending on whether the violation is willful) or Colorado’s general six-year statute of limitations.Continue Reading Colorado Supreme Court To Decide What Limitations Period Applies To Colorado Minimum Wage Act Claims

The California Department of Industrial Relations recently released its FAQs regarding the new fast food minimum wage law, AB 1228, which took effect on April 1, 2024.  The legislation sets an industry-wide minimum wage for employees in fast food establishments at $20.00 per hour and applies to employees at fast food restaurants that are part of a chain with 60 or more nationwide locations, offer limited or no table service, and are engaged in selling food and beverages for immediate consumption.  Significantly, franchises, regardless of their ownership structure, must comply if they meet these criteria.Continue Reading Navigating New Minimum Wage Requirements for California’s Fast Food Industry

Several key changes to UK employment rights  will come into effect in April 2024. By way of brief summary, the key changes for employers to be aware of, and those that will require immediate attention to ensure legally compliant and up-to-date HR policies and practices in the UK, include the following:Continue Reading Key Changes Impacting UK Employment Law From April 2024

On October 13, 2023, California Governor Gavin Newsom signed into law Senate Bill 525, codifying Labor Code sections 1182.14 and 1182.15.  The new law establishes five separate minimum wage schedules for all health care employees that will become effective June 1, 2024.  The wage schedule departs from the general statewide $15.00 per hour minimum wage applicable to other hourly paid employees, except for restaurant workers who also recently received a minimum wage increase.Continue Reading California Approves Minimum Wage Increase for Health Care Employees

With the assistance of California governor Gavin Newsom, fast food companies that supported a referendum to reverse the 2022 Fast Food Accountability and Standards Recovery Act (“AB 257”) struck a deal with several labor unions, including the Service Employees International Union, to revise some of AB 257’s most controversial provisions.  In exchange for an agreement on this new bill (“AB 1228”), fast food companies agreed to withdraw the referendum that was set for a vote in 2024.Continue Reading California Fast Food Workers Look Forward to Pay Increases