2021 Dual Jobs Final Rule for Tip Credits: DOL Guidance, Reinstated 80/20 Rule, Revised 30-Minute Definitions
Preliminary Motion Seeking to Invalidate DOL's Dual Jobs Final Rule Fails
Recording of a 90-minute CLE video webinar with Q&A
This CLE course will guide employment counsel in handling wage and hour issues for tipped employees. The DOL has reinstated the "80/20" tip credit rule and provided clarifying definitions of tip-producing vs. directly supporting work. The panel will discuss job duties that may qualify as "tipped work" and the recent federal court decision that denied the Restaurant Law Center's request to invalidate the new rule. The panel will address best practices for hospitality employers in calculating wages for tipped employees under the new rule.
- Clarifying definitions of "tip-producing work" and "directly supporting work"
- Overview of the prior administration's "80/20" tip credit rule
- Analysis of current DOL guidance on the tip credit
- Calculation of wages for tipped employees under the new guidance
- Best practices for employment counsel in drafting and updating employment policies for tipped employees after new DOL guidance
The panel will review these and other relevant topics:
- What is the current DOL guidance on tip credit?
- What types of job duties are affected by the new DOL guidance?
- How should hospitality employers calculate wages for tipped employees in light of the new guidance?
Heather A. Bailey
Partner; Co-Chair Labor and Employment Practice Group
For 20 years, Ms. Bailey has concentrated her practice in employment and labor counseling and litigation, including... | Read More
For 20 years, Ms. Bailey has concentrated her practice in employment and labor counseling and litigation, including discrimination and trade secret/noncompete lawsuits, FLSA class actions, labor negotiations and arbitrations, affirmative action, OFCCP/DOL audits, and FINRA issues. She counsels on day-to-day operations, human resources, and management decisions regarding employees, practices and policies. Ms. Bailey also works comfortably with FMLA/ADA, sexual harassment, affirmative action, union avoidance, and other types of employee and management training. Her clients operate across the U.S. in industries like vending, healthcare, transportation, parking, automotive repair, construction, staffing, hospitality (restaurants/taverns), banking, nonprofits, IT, and manufacturing to name a few. As a thought leader in the labor and employment industry Ms. Bailey if a frequent author and lecturer.Close
Daniel B. Boatright
Co-Chair, Hospitality Industry Group
Mr. Boatright has represented employers in hundreds of matters in state and federal courts and before administrative... | Read More
Mr. Boatright has represented employers in hundreds of matters in state and federal courts and before administrative agencies such as the Equal Employment Opportunity Commission and the Department of Labor. Working with restaurants, retailers, and public sector employers, he has experience with claims across the full spectrum of employment law, including defense of numerous multiple plaintiff and collective/class action lawsuits. Mr. Boatright has specific experience with claims involving the Fair Labor Standards Act, Age Discrimination in Employment Act, Title VII, and the Americans with Disabilities Act.Close