Tip Pooling and Other Wage and Hour Issues in the Hospitality Industry: FLSA Amendments

Overtime Pay, Worker Classification, DOL Audits, and More

Recording of a 90-minute CLE video webinar with Q&A

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Conducted on Wednesday, September 15, 2021

Recorded event now available

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Course Materials

This CLE course will discuss the current FLSA amendments affecting all tipped employees, along with best practices for FLSA and DOL compliance. Our expert panelists will guide practitioners through the latest updates in tip pooling and overtime pay regulations and how to best counsel hospitality industry employers in various employment issues.


In the 2019 budget reconciliation, Congress addressed an FLSA dispute regarding tip pooling arrangements. Hospitality industry employees (hotels, restaurants, caterers, nightlife, etc.) with tipped staff must be aware of the changes, reevaluate their tip pooling procedures, and ensure their overtime pay and worker classifications are compliant.

There remain potential wage and hour liability exposure areas for hospitality industry employers, including overtime pay and employee classification. Employment counsel advising hospitality industry employers must understand the current enforcement and litigation environment and recommend productive labor and employment policies and practices to minimize the risk of noncompliance. Counsel must also prepare to defend their hospitality industry clients in DOL audits and employee suits.

Significant changes in the salary basis for exempt employees will likely significantly affect many restaurant manager positions--particularly those in the fast food and fast casual segments.

Listen as our authoritative panel discusses current developments impacting hospitality industry employers. The panel will outline the current FLSA amendments affecting tip pooling rules, strategic policies and practices to minimize liability exposure, and best practices to defend against DOL audits and employee claims.



  1. Overview of the current FLSA amendments and the impact on tip pooling rules
  2. Discussion of other sources of employer liability in the hospitality industry such as overtime pay and employee classification issues
  3. Effects of COVID-19 on tip pooling and other DOL audit issues
  4. Best practices for hospitality industry employers to limit liability exposure
  5. Defending employers in DOL audits and employee lawsuits


The panel will review these and other relevant topics:

  • What are the current FLSA amendments impacting tip pooling regulations?
  • How has COVID-19 affected tip pooling amongst hospitality employees?
  • Proactive steps hospitality industry employers should take to correctly implement policies regarding tip pooling, overtime pay, and employee classification
  • Best practices for defending hospitality industry employers in DOL audits and employee lawsuits


Landt, Caroline
Caroline M. Landt


Ms. Landt focuses her employment practice on consultation regarding employment regulations, agreements and other...  |  Read More

Nair, Pooja
Pooja S. Nair

Ervin Cohen & Jessup

Ms. Nair is a business litigator and problem solver with a focus on the food and beverage sector. She advises food and...  |  Read More

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