Read the full announcement by New Orleans Magazine here!
For the second time, Vasquez Law has received the award of 2018 Top Lawyer by New Orleans Magazine under the category Securities/Capital Markets Law.
1. Managers and owners have no right to tips.
FLSA prohibits any arrangement between the employer and the tipped employee where any part of the tip received becomes the property of the employer. For example, even where a tipped employee receives at least $7.25 per hour in wages directly from the employer, the employee may not be required to turn over his or her tips to the employer. So, a restaurant that makes wait staff relinquish a cut of their tips to “the house” at the end of the night is likely in violation of the law.
2. Back-of-house staff (BOH) can’t participate in a tip pool.
The Department of Labor mandates tip pooling in an effort to protect servers.
BOH is excluded because of “tip credits.” These credits that let restaurant owners count tips toward their servers’ wages. Tip credits may not be applied to cooks, dishwashers, runners, or hosts; these individuals must be paid the full minimum wage. Therefore, tip pools are reserved for those who are customarily tipped, because they are customarily paid below the minimum.
3. Overtime for servers making $2.13 is NOT $3.20.
A common error is when servers work overtime and get paid time and half calculated from the lowest allowable pay based on minimum wage, $2.13. Employers are only allowed a maximum tip credit of $5.11, and overtime is based on time and a half from minimum wage, not $2.13.
4. Dual Jobs
When an employee is employed by one employer in both a tipped and a non-tipped occupation, such as an employee employed both as a maintenance person and a waitperson, the tip credit is available only for the hours spent by the employee in the tipped occupation.
The FLSA permits an employer to take the tip credit for some time that the tipped employee spends in duties related to the tipped occupation, even though such duties are not by themselves directed toward producing tips. For example, a waitperson who spends some time cleaning and setting tables, making coffee, and occasionally washing dishes or glasses is considered to be engaged in a tipped occupation even though these duties are not tip producing.
However, where a tipped employee spends a substantial amount of time (in excess of 20 percent in the workweek) performing related duties, no tip credit may be taken for the time spent in such duties.
5. Tipping has been controversial in American history.
Seven states outlawed tipping in the beginning of the 20th century. This movement may have prevailed except for one event: Prohibition. During Prohibition, restaurateurs suffered greatly. Tips helped them offset losses from liquor sales. By 1926, all of the states had repealed anti-tipping laws.
Do you have a question and concern about your situation? Schedule an Appointment
Reblogging this article as it lays out a good summary of the differences between a trial attorney and litigators.
Vasquez Law represented a collective action of Plaintiffs who filed suit against their restaurant employer, Doris Metropolitan, a popular steakhouse located in the french quarter.
The arguments at a federal trial circulated around the function of managers who were relabeled as “service captains” after suit was filed. Managers participated in a “pooled house” meaning all of the tips for the servers were pooled together and distributed to server assistants, servers, and in this case, managers (now called service captains).
Plaintiffs previously argued a motion for summary judgment and the Judge rendered a decision that a manager/owner could not participate in the tip pool even if the tips were not taken by him but rather kept in the restaurant operating account.
A decision now remains to be rendered on whether a manager/service captain who supervises the servers execution of service at the table, who serves special meats to some tables, and who occasionally pours wines for guests should participate in the tip pool. Testimony was elicited that these same managers supervised the dishwashers, had keys to the restaurant, and had the ability to hire and send home employees.
Plaintiffs remain confident that they have proven their case and await a decision from District Court Judge Susie Morgan.
For more information see this link: Black v. DMNO, LLC
The Dodd-Frank legislation considers certain bank with more than $50 billion in assets as a “systemically important financial institution” subject to more stringent regulations. The new bill increases the threshold amount to $250 billion in assets making , this nation’s largest banks fall below that threshold amount. Only 12% of banks will be subject to the regulations.
Financial firms that will be exempted include Charles Schwab, Suntrust Banks and American Express, among others, according to Height Securities.
How this will affect customers of those financial firms will remain to be seen.
If you have a question about your financial firm, email us at info@vasquezlawoffice.com
Ejemplos de robo de sueldo y otras violaciones a la ley laboral incluyen:
Falta de pago de:
Salario mínimo
Horas extras
Gastos
Falta de provisión de:
Recesos para descansar y comer
Talón de cheque que incluya constancia de deducciones al salario
Si ha sufrido o ha observado casos de robo de sueldo o violaciones a la ley laboral en general que afecten a un grupo de trabajadores, por favor llame o text 504-571-9582.
On May 4, 2018, Homeland Security announced the decision to terminate the Temporary Protected Status (TPS) designation for Honduras with an effective date of 18 months to allow for an orderly transition before the designation terminates on Jan. 5, 2020.
This will affect the local Metro New Orleans area and many Salvadorans with TPS may be next.
Department of Homeland Security
Last month, Congress amended the FLSA in the Consolidated Appropriations Act, 2018 (Act), Pub. L. No. 115-141, Div. S., Tit. XII, § 1201.
The DOL issued guidance indicating that the Act stops employers from keeping tips received by their employees, regardless whether the employer takes a tip credit under 29 U.S.C. § 203(m). Employers who pay the full FLSA minimum wage are now allowed to include employees who are not customarily tipped employees (such as cooks and dishwashers) to participate in tip pools.
Managers and supervisors cannot participating in tip pool and the DOL will use the duties test at 29 C.F.R. § 541.100(a)(2)-(4) to determine whether an employee is a manager or supervisor for purposes of section 3(m).
The DOL can recover all tips unlawfully kept by the employer, in addition to an equal amount in liquidated damages and civil penalties.
DOL Field Assistance Bulletin Guidance