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Tip pools and mandatory service charges - wage and hour class actions continue to target hospitality employers

Epstein Becker Green
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USA
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March 2 2010

Another luxury New York hotel is the latest target in a constant stream of wage and hour class actions against the hotel and restaurant industry challenging the industry's practices relating to tip pools and service charges

Restaurant waives overtime defense under FLSA

Epstein Becker Green
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USA
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December 21 2010

The U.S. Court of Appeals for the Eleventh Circuit’s recent decision in Diaz v. Jaguar Rest. Group, LLC underscores the importance for hospitality employers to know which job duties their employees are performing in order to assert every potentially applicable affirmative defense when answering an employee’s FLSA lawsuit for non-payment of overtime

Health reform's unique impact on hospitality employers

Epstein Becker Green
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USA
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October 12 2010

Over six months ago, Congress passed the most significant and comprehensive health reform law ("PPACA") that employers have faced in decades

Five things all hoteliers need to know now about health reform

Epstein Becker Green
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USA
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October 21 2010

Six months ago, Congress passed the Patient Protection and Affordable Care Act ("PPACA" or "the Act"), as amended by the Health Care and Education Reconciliation Act of 2010

Hotel housekeepers file OSHA complaints nationwide

Epstein Becker Green
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USA
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November 18 2010

Last week, on November 9, 2010, housekeepers employed by Hyatt Hotels filed complaints with OSHA alleging injuries sustained on the job

Union solicitation - strategies for the hospitality industry

Epstein Becker Green
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USA
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February 9 2011

In recent weeks the Obama Administration's National Labor Relations Board (the "Board") has been very active in soliciting public comments and amicus briefs on a wide range of decisions and proposed regulations that could drastically change the labor relations landscape

N.Y. Court allows restaurant servers to pursue class claims against Batali restaurants due to tip policy

Epstein Becker Green
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USA
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May 13 2011

On May 10, 2011, the Southern District of New York conditionally certified a collective action against eight New York metropolitan area restaurants owned by celebrity chef Mario Batali alleging violations of the Fair Labor Standards Act

Wage & Hour Division continues enforcement actions against Virginia hotels

Epstein Becker Green
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USA
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June 3 2011

The Department of Labor’s Wage and Hour Division in Norfolk, Virginia has announced that it will be stepping up its compliance audits and enforcement efforts against area hotels

Maryland restaurant owner who also worked as a bartender is ineligible to receive tips

Epstein Becker Green
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USA
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March 16 2011

A Maryland federal court recently ruled in Gionfriddo v. Jason Zink LLC that the owner and operator of two taverns could not qualify as a “tipped employee” under the Fair Labor Standards Act (“FLSA”) and the Maryland Wage and Hour Law despite that he also worked as a bartender at his establishments

ADA update: new swimming pool regulations take effect soon!

Epstein Becker Green
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USA
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January 17 2012

As hoteliers and hospitality employers know, the upcoming March 15, 2012 deadline for the 2010 ADA Standards will have significant impact on hotel operations

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