Publications
Sign up to receive publications by e-mail.
We'll e-mail you once a week with new publications.
In 2011, the U.S. Department of Labor (“DOL”) introduced regulations affirming that tips are the property of the employee regardless if the employer uses a tip credit under the FLSA. Under this framework, only “customarily tipped employees” can receive distributions from a company tip pool. Tip pools set up by employers to include employees who are not regularly tipped employees are invalid. This limitation applies even where the employees contributing to a tip pool are paid the applicable minimum wage. Moreover, employers and management staff are precluded from receiving any portion of tip pools under the current regulation. The 2011 regulation has led to voluminous litigation over what constitutes a “customarily tipped employee” and has resulted in inconsistent rulings from various courts.
We are pleased to present the Legal Update for our latest Quarter, available in PDF format by clicking here.
The Trump administration has been ordered to accept new applications for Deferred Action for Childhood Arrivals (“DACA”) benefits.
Stokes Wagner recommends that you review and update your employee handbooks annually. This article contains a list of policies and procedures for you to consider adding in your respective employee handbooks.
New Primary Beneficiary Test and U.S. Department of Labor’s Revised Guidance Provides Employers with More Flexibility for Internship Programs
January 17, 2018
Category: Legal Updates
Prior to 2018, the United States Department of Labor (“DOL”) had applied a rigid six-part test to determine whether interns must be treated as employees or unpaid interns. However, on January 5, 2018, the DOL announced that, in an effort to eliminate confusion and align itself with recent case law, it would adopt the “Primary Beneficiary” test to determine whether interns are employees under the Fair Labor Standards Act (“FLSA”).
HotelExecutive.com: Expanded Labor and Employment Liability in Hotel Acquisitions
December 17, 2017 • John R. Hunt
Category: Publications
Head on over to HotelExecutive.com to read the latest article by John Hunt, covering a brief review of laws pertaining to hotel mergers and acquisitions! If that doesn’t slake your appetite for knowledge, contact Stokes Wagner at any time with your questions.
New York Paid Family Leave Effective January 1, 2018
November 21, 2017 • Jordan A. Fishman
Category: Legal Updates
Starting January 1, 2018, nearly all private employees in New York State will be eligible for Paid Family Leave so the employee can (1) bond with a newly born, adopted or fostered child; (2) care for a family member with a serious health condition; or (3) assist loved ones when a family member is deployed abroad on active military duty. Paid Family Leave will phase in over four years, starting at 8 weeks in 2018 and increasing to 12 weeks by 2021.
The International Society of Hospitality Consultants (ISHC) welcomed Hayden Pace (CEO, Stokes Wagner, ALC) among twenty-four hospitality consultants qualified by their expertise and reputation in its 2017 membership class.
ISHC is the leading source for global hospitality expertise. Membership in ISHC is by invitation only, and members are viewed as leaders in their respective areas of expertise. Candidates for membership undergo a rigorous screening process, ensuring that all ISHC members have a reputation of integrity and are qualified by their experience, training and knowledge to develop and express sound judgment on industry issues.
Hayden Pace is the Chief Executive Officer of Stokes Wagner, a law firm dedicated to providing the hospitality industry with “white glove” legal services. Hayden was raised in New York and currently resides in Atlanta. He regularly lectures nationally and internationally, and has the privilege of working with hotel clients around the world.
Chicago Passes New Law to Protect Hotel Employees Against Sexual Assault
November 2, 2017
Category: Legal Updates
To better protect hotel workers against sexual harassment and assault, Chicago passed the “Hands Off Pants On” Ordinance. The Ordinance requires Hotels in the City of Chicago to adopt (1) a “panic button” system and (2) anti-sexual harassment policy.
Salary History Ban Takes Effect October 31, 2017 in New York City
October 30, 2017
Category: Legal Updates
An amendment to the New York City Human Rights Law, effective October 31, 2017, prohibits New York City employers from considering job applicants’ salary histories. Here are the details:
The Amendment Prohibits Employers From:
- Inquiring about an applicant’s salary history; or
- Relying on an applicant’s salary history when making decisions about an applicant’s salary at any time during the hiring process.