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Home > Federal Law Articles > FLSA > Minimum Wage (Federal)

Articles Discussing The Minimum Wage Under The FLSA.

After the Ball Drops, Wages Rise: Minimum Wage, Tipped and Exempt Employee Pay Increases on January 1, 2023

November 17, 2022 | Littler Filed Under: Minimum Wage (Federal)

Littler

Minimum wage laws can affect businesses of all sizes, whether operating nationwide, in multiple jurisdictions, or only in one state, county, or city. To help manage this challenge, below we summarize scheduled state- and local-level wage increases that will occur on January 1, 2023 (or on New Year’s Eve

Rivers Casino Tip Earners Reach $5.5 Million Preliminary Settlement

October 11, 2022 | Working Solutions NYC Filed Under: Minimum Wage (Federal)

Employees of the Rivers Casino reached a preliminary $5.5 million settlement with Rush Street Gaming LLC following numerous claims of payment issues. A New York federal judge stated that the proposed settlement meets the standards of reasonableness for preliminary approval. An approved class of “non-exempt, hourly, tipped employees at

U.S. Minimum Wage, Tipped, and Exempt Employee Pay Increases Will Heat Up This Summer (And Possibly Other Seasons)

June 3, 2022 | Littler Filed Under: Minimum Wage (Federal)

Littler

Minimum wage laws can affect businesses of all sizes, whether operating nationwide, in multiple jurisdictions, or only in one state, county, or city. To help manage this challenge, below we provide, essentially, a rates-only update that summarizes scheduled state- and local-level wage increases throughout the summer and fall of

Fifth Circuit Ruling a Stark Reminder of Employer Obligations When Taking FLSA Tip Credit, Imposing Uniform Fees

April 6, 2022 | Jackson Lewis Filed Under: Minimum Wage (Federal)

Jackson Lewis

Generally, the Fair Labor Standards Act (FLSA) requires employers to pay at least minimum wage (currently $7.25) for all non-overtime hours in a workweek. However, subject to any contradictory state laws, an employer may pay a “tipped employee” – one who customarily and regularly receives at least $30 per month

Salt Bae’s Sprinkle of First Impression: Eleventh Circuit Holds Mandatory Service Charges Are Not “Tips” and May Be Used to Satisfy FLSA Wage Requirements

March 31, 2022 | Littler Filed Under: Minimum Wage (Federal)

Littler

On March 18, 2022, the U.S. Court of Appeals for the Eleventh Circuit1 upheld a district court’s decision2 that an 18% service fee charged at the upscale Miami steakhouse of celebrity chef Nusret Gökçe was not a “tip” and was properly used by the restaurant to satisfy its minimum wage obligations

Restaurant’s Mandatory Service Charge Was Not a Tip and May Satisfy FLSA Wage Requirements, Eleventh Circuit Holds

March 23, 2022 | Jackson Lewis Filed Under: Minimum Wage (Federal)

Jackson Lewis

A Miami restaurant’s mandatory 18% service charge did not constitute a “tip” under the Fair Labor Standards Act (FLSA) and therefore was properly applied toward satisfying the FLSA’s employee wage requirements, the U.S. Court of Appeals for the Eleventh Circuit recently held, affirming summary judgment in favor of the employer.

Decreasing Prospects for Increasing the Federal Minimum Wage to $15

March 4, 2022 | Littler Filed Under: Minimum Wage (Federal)

Littler

The centerpiece of the Biden administration’s labor and jobs agenda is an increase in the federal hourly minimum wage to $15 an hour.  Last year President Biden, via executive power, instituted a $15 minimum wage for federal contractors, but it has proven a harder lift on Capitol Hill to

Lawsuits Filed Challenging the DOL Dual Jobs Final Rule, $15 Federal Contractor Minimum Wage

February 11, 2022 | Jackson Lewis Filed Under: Minimum Wage (Federal)

Jackson Lewis

Several recent lawsuits have been filed in federal court, one challenging the Dual Jobs Final Rule published by the Department of Labor (DOL) that became effective in late December 2021, and two others filed this week by several state attorneys general challenging President Biden’s Executive Order requiring most federal contractors

Minimum Wage Increases in 2022: A Chart of Upcoming Changes and Interactive Map

December 21, 2021 | Ogletree Deakins Filed Under: Minimum Wage (Federal)

In 2022, while the federal minimum wage will remain at $7.25 per hour for non-tipped employees and $2.13 per hour for tipped employees, several states’ minimum wage rates will increase. The chart below lists the state (and certain major locality) minimum wage rate increases for 2022—and future years if available—along

Restaurant Industry Alert: DOL Publishes Final Rule for Tipped Employees

November 29, 2021 | Ford Harrison Filed Under: Minimum Wage (Federal)

On October 29, 2021, the U.S. Department of Labor (DOL) published its Final Rule related to tipped employees. It is effective December 28, 2021. DOL had issued a Notice of Proposed Rulemaking (NPRM) on June 21, 2021, proposing limits on the tip credit employers can take during workweeks when tipped employees perform work that directly supports tipped work but does not itself produce tips. (See our prior Alert discussing the NPRM.)

DOL Publishes Final Rule Implementing President Biden’s $15 Federal Contractor Minimum Wage Executive Order 14026

November 23, 2021 | Jackson Lewis Filed Under: Minimum Wage (Federal)

Jackson Lewis

The Department of Labor (DOL) has published its Final Rule implementing President Biden’s April 27, 2021, Executive Order 14026 raising the minimum wage from $10.95 an hour to $15 an hour (with increases to be published annually).

Federal Contractor $15 Minimum Wage Rule Finalized; Takes Effect January 30, 2022

November 23, 2021 | Jackson Lewis Filed Under: Minimum Wage (Federal)

Jackson Lewis

The DOL today published the Final Rule implementing the $15 per hour minimum wage for federal contractor workers who work on or in connection with covered contracts, which President Biden authorized by in Executive Order 14026.   Building on former President Obama’s Executive Order 13658, President Biden in April 2021 issued

Ring in the New Year with Minimum Wage, Tipped and Exempt Employee Pay Increases

November 19, 2021 | Littler Filed Under: Minimum Wage (Federal)

Littler

Minimum wage laws can affect businesses of all sizes, whether operating nationwide, in multiple jurisdictions, or only in one state, county, or city. To help manage this challenge, below we provide a rates-only update that details scheduled state- and local-level wage increases that will occur on January 1, 2022


DOL Formally Reinstates ‘20%’ Rule, Adds ‘30-Minute’ Rule Setting Limits on Tip Credit Use

November 4, 2021 | Jackson Lewis Filed Under: Minimum Wage (Federal)

Jackson Lewis

On October 28, 2021, the U.S. Department of Labor (DOL) issued a Final Rule establishing limits on the amount of time tipped employees can spend performing work that is not “tip-producing work” and still be paid at the reduced cash wage applicable to tipped employees under the Fair Labor Standards Act (FLSA).

Tagged With: Tipped Employees

DOL Publishes Final Rule to Resurrect 80/20 Rule for Tipped Employees

October 29, 2021 | Littler Filed Under: Minimum Wage (Federal)

Littler

On October 28, 2021, the U.S. Department of Labor (DOL) announced publication of a final “dual jobs” rule, which reverses course from a December 2020 final rule and resurrects the so-called “80/20 Rule” that governs how tipped employees must be paid under the Fair Labor Standards Act (FLSA).

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