Final Rule Affirms U.S. Department of Labor’s Power to Fine Businesses That Engage in Tip Theft

Victoria Vish
Victoria Vish
Ogletree, Deakins, Nash, Smoak & Stewart, P.C.

Victoria Vish is a litigator and advisor who helps companies reduce risks and resolve employment challenges. Ms. Vish litigates all aspects of employment cases in federal and state courts, arbitration tribunals, and administrative agencies, including the EEOC, and DOL, on behalf of employers.

Steven F. Pockrass
Steven F. Pockrass
Ogletree, Deakins, Nash, Smoak & Stewart, P.C.

Steven (“Steve”) Pockrass is a proactive and practical advisor and litigator who helps companies reduce risks and resolve their employment and labor challenges.

Live Video-Broadcast: December 13, 2021

Final Rule Affirms U.S. Department of Labor’s Power to Fine Businesses That Engage in Tip Theft
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Program Summary

In this webinar, we discuss how the Department has divided work performed by a tipped employee into 3 categories: tip producing work (employers may always take a tip credit for this work, i.e., customer service work), directly supporting work (employers may take a tip credit if this work, i.e., side work, is not performed for a substantial amount of time), and non-tipped work (for which employers may never take a tip credit, i.e., work that is not in either of the prior two categories). Critically, under the new rule, work that falls into the directly supporting work cannot be performed for a “substantial amount of time,” which the Department has defined as more than 20% of the workweek or more than 30 consecutive minutes. The webinar discusses how to calculate the 20% workweek, addresses suggested ways to address operational challenges in complying with the new rule, and points out areas of ambiguity that will likely be litigated. The webinar also touches on other new rules recently published by the Department, including rules on tip pooling and civil money penalties for keeping tips.

This course is co-sponsored with myLawCLE.

Key topics to be discussed:

  • 2021 Dual Jobs New Rule
  • Civil Money Penalties Rule
  • 2020 Tip Final Rule--Tip pooling

Date / Time: December 13, 2021

  • 12:00 pm – 1:00 pm Eastern
  • 11:00 am – 12:00 pm Central
  • 10:00 am – 11:00 am Mountain
  • 9:00 am – 10:00 am Pacific

Choose a format:

Live Video Broadcast/Re-Broadcast: Watch Program "live" in real-time, must sign-in and watch program on date and time set above. May ask questions during presentation via chat box. Qualifies for "live" CLE credit.

On-Demand Video: Access CLE 24/7 via on-demand library and watch program anytime. Qualifies for self-study CLE credit. On-demand versions are made available 5 business days after the original recording date and are viewable for up to one year.

Closed-captioning available

Speakers

Victoria Vish_Ogletree, Deakins, Nash, Smoak & Stewart, P.C._myLawCLEVictoria Vish | Ogletree, Deakins, Nash, Smoak & Stewart, P.C.

Victoria Vish is a litigator and advisor who helps companies reduce risks and resolve employment challenges. Ms. Vish litigates all aspects of employment cases in federal and state courts, arbitration tribunals, and administrative agencies, including the EEOC, and DOL, on behalf of employers. She regularly handles EEOC investigations and defends any ensuing litigation. Ms. Vish has experience litigating wage and hour claims, disability, age, and Title VII discrimination and retaliation claims, as well as breach of contract claims.

Ms. Vish also advises clients before litigation occurs. For example, she provides counsel and advice regarding employee separations, accommodation of disabilities, various wage and hour issues, including tip credits and tip pooling, and the preparation and implementation of employment policies.

Steven F. Pockrass_Ogletree, Deakins, Nash, Smoak & Stewart, P.C._myLawCLESteven F. Pockrass | Ogletree, Deakins, Nash, Smoak & Stewart, P.C.

Steven (“Steve”) Pockrass is a proactive and practical advisor and litigator who helps companies reduce risks and resolve their employment and labor challenges. During his nearly 25 years of practice, he has successfully handled a wide range of matters, with a particular emphasis on federal and state wage and hour laws; medical leaves of absence; disability accommodation; unfair competition and trade secrets; positive employee relations in both the non-union and union contexts; protecting against claims of discrimination, harassment, and retaliation; and multi-state compliance projects.

He regularly provides guidance to clients in both the public and private sectors, ranging from multinational Fortune 100 companies to small businesses, non-profits, and trade associations. A seasoned litigator, he defends against charges filed with federal and state administrative agencies; litigates single and multi-plaintiff lawsuits, including class and collective actions, in federal and state courts; and represents management in employment and labor arbitrations.

Practice Areas: Wage and Hour, Employment Law, Litigation, Class Action, Unfair Competition and Trade Secrets, Traditional Labor Relations, Arbitration and Alternative Dispute Resolution, Investigations and Whistleblower Response.
Industries: Retail, Manufacturing, Healthcare, Hospitality, Defense Contracting Industry, Staffing/PEO, Trucking and Logistics.

Agenda

I. Brief history of the 80/20 and dual jobs rule | 12:00pm – 12:15pm
II. 2020 Final Tip Rule—what went into effect, what did not | 12:15pm – 12:30pm
III. 2021 Dual Jobs Final Rule | 12:30pm – 12:45pm
IV. 2021 CMP Rule | 12:45pm – 1:00pm