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

Overtime Pay, Worker Classification, DOL Audits, and More

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

Conducted on Wednesday, October 30, 2019

Recorded event now available

or call 1-800-926-7926
Program Materials

This CLE webinar will discuss the new 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.


Buried in the recently passed budget reconciliation bill, 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, among others.

In addition to these changes, there remain potential areas of wage and hour liability exposure 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 have a significant effect on 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 new 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 new 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. Best practices for hospitality industry employers to limit liability exposure
  4. Defending employers in DOL audits and employee lawsuits


The panel will review these and other relevant topics:

  • What are the new FLSA amendments impacting tip pooling regulations?
  • 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


Gessner, John
John B. Gessner

Fox Rothschild

Mr. Gessner is a seasoned corporate lawyer who provides comprehensive legal guidance to growth-stage businesses,...  |  Read More

Pechman, Louis
Louis Pechman

Pechman Law Group

Mr. Pechman has litigated over 200 federal and state court cases involving restaurant pay issues. His work on behalf of...  |  Read More

Richmond, Carolyn
Carolyn D. Richmond

Chair, Hospitality Practice Group
Fox Rothschild

Ms. Richmond is Chair of the firm's Hospitality Practice Group and former Co-Chair of the Labor and Employment...  |  Read More

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