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Report Link DOL Opinion Letter Clarifies Rules On Footwear.Ogletree Deakins - February 10, 2009 The U.S. Department of Labor (DOL) recently issued an opinion letter addressing two issues involving employer requirements that employees wear a specific kind of footwear to work. The questions posed by a restaurant were as follows: (1) whether the requirement that employees wear a certain type of footwear makes such footwear a "uniform" under the Fair Labor Standards Act (FLSA); and (2) whether permit-ting employees to pay for shoes that comply with the employer's policy through a payroll deduction constitutes an impermissible deduction from wages. Report Link Relax in Style…But in Your Own Clothes, Not Your Work Uniform.Jackson Lewis LLP - January 22, 2009 Employers’ obligations under the Fair Labor Standards Act (FLSA) do not extend to paying to replace a tipped employee’s uniforms damaged outside of work. Report Link Uniformity.Fisher & Phillips, LLP - December 04, 2008 It has long been industry practice for employers, including many in the hospitality industry, to require workers to wear clothing of a particular kind or appearance. What many do not realize is that this practice can have significant ramifications under the federal Fair Labor Standards Act. If your clothing policy violates the FLSA, "everybody does it" will not be a defense. A new U.S. Labor Department guidance letter has added at least a little clarity in this area. Report Link Department of Labor Opinion Examines Uniform Rules, Determines Whether Restaurant Must Pay For Shoes.Barker Olmsted & Barnier - August 06, 2008 The Department of Labor has released a new opinion letter in which it examines a company policy specifying employee shoes. The questions posed are: (1) Are the shoes part of a uniform, such that the employer must pay for them? (2) May the employer arrange for the purchase of the shoes and deduct the cost from the employee’s pay? Report Link The Department of Labor Holds That Restaurants Cannot Deduct for Uniform Cleaning (pdf).Phelps Dunbar LLP - July 28, 2006 The United Stated Department of Labor (“DOL”)
recently issued a Wage and Hour Opinion Letter, FLSA
2006-21, 6/9/06, prohibiting restaurant owners from
deducting uniform laundering costs from wait staff pay.
The opinion letter stated that “no portion of an
employee’s tips may be kicked back to the employer to
cover the cost of uniform laundering,” and “even if the
tips actually received exceed the maximum tip credit the
employer needs to claim toward payment of the minimum
wage, these excess tips are not deemed to be wages for
purposes of the FLSA.”
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Employment Law Seminars
2010 Ushers In Many Important Changes to Workplace Laws
Columbia
November 20, 2009 Fisher & PhillipsANNUAL EMPLOYMENT LAW UPDATESacramento
December 1, 2009 Shaw ValenzaMonthly Webinar: Preventing Workplace Harassment (California and National)Webinar
December 1, 2009 LittlerCalifornia Legally Required Sexual Harassment Training: It's Never Too Late to ComplySan Francisco
December 1, 2009 Fisher & PhillipsThe Constangy Management Training Center "Employment Law 201"Tampa
December 2, 2009 ConstangyCalifornia Legally Required Sexual Harassment Training: It's Never Too Late to ComplyOntario
December 2, 2009 Fisher & PhillipsAudio Conference: Employee Caregivers Dealing With DementiaAudio Conference
December 2, 2009 Young ConawayClients, Adversaries and Witnesses: The Ethics of Communication in a Fast-Paced Legal World Web CastWebinar
December 4, 2009 Ford & HarrisonTaking Executive Compensation Hostage; What To DoWebinar
December 8, 2009 Baker HostetlerPREVENTING HARASSMENT AND OTHER EEO ISSUES AT WORK: IT’S ALL ABOUT RESPECT (AB 1825 COMPLIANCE)Sacramento
December 9, 2009 Shaw Valenza |
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