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Feb 26, 2021

Updates to the Minimum Wage Rate and Tip-Credit Regulations: For The New York Restaurant and Hospitality Industry

Minimum Wage

According to the most recent statistical data available from the U.S. Courts, approximately 14,000 Fair Labor Standards Act (FLSA) cases were commenced during the two-year period ending September 30, 2020, averaging 19 new cases per day.  These cases are especially prevalent in the U.S. District Courts encompassing New York City and Long Island (the S.D.N.Y. and E.D.N.Y.), where 13% of all private cases commenced over the same period were labor suits. (See here.) For employers in the New York restaurant and hospitality industry, compliance with wage and hour provisions of the FLSA and New York Labor Law (NYLL) can be… Read more


Feb 23, 2018

New Rules Impact Companies who use Interns and Apprentices

Intern Learning

Many employers in the U.S. utilize student interns or apprentices to work on a short-term basis.  Oftentimes, companies make such internship or apprenticeship opportunities available without offering pay for the provision of services, and indeed, many times students and others new to the workforce have been more than willing to work without pay for the opportunity to gain valuable job experience and skills they can utilize in the future. The federal Fair Labor Standards Act (“FLSA”) and state and local laws require employers to pay employees for their work.  Interns and students, however, may not be considered employees and do… Read more


Jun 30, 2017

Department of Labor to Revise Overtime Rule

FLSA Paperwork

On June 30, 2017, the United States Department of Labor (“DOL”) told the Fifth Circuit Court of Appeals that it plans to revise the 2016 Final Rule (“Final Rule”) that set forth the salary level for employees to qualify for overtime exemption under the Fair Labor Standards Act (“FLSA”). In its brief, the DOL requested that the court “not address the validity of the specific salary level set by the 2016 final rule ($913 per week), which the Department intends to revisit through new rulemaking.” Under the FLSA, employees are exempt from minimum wage and overtime protections if they are… Read more