Monthly Archives: November 2018

DOL Issues New Guidance for Hospitality Employers on Tipped Employees

Earlier this month, the U.S. Department of Labor (“DOL”) issued Opinion Letter FLSA2018-27 providing updated guidance to employers on how to pay tipped employees.  The new Opinion Letter abandoned the previous 80/20 tip credit rule. The DOL’s new guidance provides no limit on the amount of time a tipped employee spends on related non-tip-producing duties so long as such duties are “performed contemporaneously with the duties involving direct service to customers or for a reasonable time immediately before or after performing such direct-service duties.”

Upcoming Webinar – Pay Equity for Employers: What’s in Your Payroll?

Pay equity is one of the hottest topics for employers today. It’s not just about current wages, but hiring inquiries, benefits, and other actions that can create liability for your organization. Pay practices require diligence from HR staff down to the hiring supervisor; and how your organization is embracing equal pay may be a critical component whenever a claim arises. Join the attorneys of LeClairRyan for this complimentary one-hour webinar as we dive into federal and state legislation and keys to compliance in your operations. On the agenda, we will discuss: – Compensation – Discrepancies in pay – How complaints …

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Is Religious Freedom on a Collision Course with Newly Gained Civil Rights?

Since the United States Supreme Court issued Obergefell in 2015, there have been dark predictions that religious freedom and other, more recently gained, civil rights protections are on a collision course. Recent developments might cause this course to run through the employment arena. In August, the Office of Federal Contract Compliance Programs (“OFCCP”) issued a directive to “incorporate recent developments in the law regarding religion-exercising organizations and individuals.” Specifically, the Directive aims to update federal policy to align it with recent Executive Orders and Supreme Court decisions.