New FLSA Amendments: Tip Pooling and Other Wage and Hour Issues in the Hospitality Industry

$195.00

CLE Credits earned: 2 GENERAL (or 2 LAW & LEGAL for WA state)

Participants will learn about highly-nuanced wage and hour compliance requirements and best practices under both federal and state laws and regulations pertaining to the hospitality industry.

This course is co-sponsored with myLawCLE.

Key topics to be discussed:

•   Notice requirements
•   Restrictions on tip pooling and sharing
•   Restrictions on taking a tip credit
•   Implications of failure to adhere to strict tip-related laws and regulations

Date / Time: March 28, 2019

•   2:00 pm – 4:00 pm Eastern
•   1:00 pm – 3:00 pm Central
•   12:00 pm – 2:00 pm Mountain
•   11:00 am – 1:00 pm 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 7 business days after the original recording date and are view-able for up to one year.

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Original Broadcast Date: January 23, 2019

Carolyn Richmond, Esq. is chair of the firm’s Hospitality Practice Group and former co-chair of the Labor and Employment Department. Her practice largely consists of representing and counseling employers in the hospitality industry, specifically restaurants, hotels, caterers, night clubs, lounges and fitness centers. In particular, Carolyn has extensive experience litigating wage and hour class actions, restrictive covenants and employment discrimination cases. She also counsels clients extensively with respect to workplace issues such as the hiring process, diversity awareness training, union avoidance, employee handbooks and other policy initiatives.

Carolyn is also counsel to a number of employers in the retail, financial services, healthcare and manufacturing industries. She frequently provides union avoidance and sexual harassment training, and represents employers before a variety of state and federal agencies.

In 2019, Cornell University’s ILR School awarded Carolyn the Judge William B. Groat prize, the school’s highest honor.

Increasingly, Carolyn is called upon by her peers in the legal community to mediate difficult disputes in the wage and hour and discrimination areas. The respect she enjoys on both sides of the bar and her deep understanding of the legal issues and needs of all parties for practical solutions has made her a sought-after mediator.


Jeffrey M. Landes, Esq. is a Member of the Firm in the Employment, Labor & Workforce Management practice, in the firm’s New York office. He was recommended by The Legal 500 United States (2016 and 2018) in the Workplace and Employment Counseling category.

Mr. Landes’ experience includes:

• Counseling clients in a variety of industries—including financial services, retail and communications—in all facets of employment law, including compliance with EEO laws and other statutes governing the workplace, independent contractor issues, executive terminations, restrictive covenants, drug testing, background checks, employee discipline and terminations, reorganizations, workplace investigations, leaves of absence, and development of handbooks and personnel policies and procedures
• Preparing employment, consulting and separation agreements
• Counseling multi-national companies in unique labor and employment law issues
• Conducting wage/hour and human resource audits
• Conducting workplace training sessions for employees and managers and human resources personnel concerning performance management, harassment, diversity, EEO issues, and wage/hour issues, including pay practices and exempt/nonexempt classification issues
• Representing employers in wage/hour audits before the U.S. Department of Labor and other federal and state administrative agencies

Mr. Landes is a past member of the Labor and Employment Committee of the Bar Association of the City of New York and currently a member of the Equal Employment Opportunity Committee of the New York State Bar Association’s Labor and Employment Section.

Mr. Landes is the author of numerous publications on employment law issues and frequently lectures on a range of workplace issues to business and employer groups and at several leading universities.

An active volunteer for several charitable organizations, Mr. Landes is a member of the Board of Trustees of The Browning School. In addition to modern art, he enjoys racquet sports and running and is an avid sports fan.


Louis Pechman, Esq. practices before federal and state courts and government agencies in all areas of workplace law, including employment discrimination, sex harassment litigation, union-management relations, employment contracts, non-competition agreements, independent contractor issues, and overtime and pay disputes. As a practitioner for over 35 years in the labor and employment field, Mr. Pechman offers both individual employees and employers practical guidance on improving the employment relationship and, where appropriate, terminating that relationship.

Mr. Pechman has been selected by his peers for inclusion in The Best Lawyers in America and as a New York Super Lawyer in the area of Labor and Employment Law since 2006. He has a AV-Preeminent for Ethical Standards rating by Martindale-Hubbell and a 10.0 Superb Rating from Avvo. Mr. Pechman has also been selected as a Fellow of the American Bar Association, an honorary organization limited to 1% of attorneys who have demonstrated outstanding achievements and dedication to the highest principles of the legal profession. Pechman Law Group PLLC, has been recognized by U.S. News’ Best Law Firms as a Tier 1 law firm in Employment Law for Individuals and Labor Law for Management. Mr. Pechman has been recognized by Super Lawyers as one of the “Top 100” lawyers in New York City.

Mr. Pechman is one of the most experienced practitioners in New York in the fast-emerging area of wage and hour law. Over the past decade, he has litigated over 250 federal and state court cases involving claims under the Fair Labor Standards Act (“FLSA”) and the New York Labor Law. Mr. Pechman is also the founder of waiterpay.com, a site that focuses on the complex wage and hour issues in the New York restaurant industry. Mr. Pechman is currently an Adjunct Professor at Fordham University School of Law teaching the course “Wage Theft: Employee Rights and Employer Responsibilities.” A former Chair of the New York County Lawyers’ Association Committee on Labor Relations and Employment Law, Mr. Pechman moderates NYCLA’s annual programs on “How to Handle an Employment Discrimination Case” and “How to Handle a Wage and Hour Case.” He served as Chair of the Restaurant and Hospitality Law Committee of the New York City Bar Association from 2015-2017.

Mr. Pechman’s prior experience includes work as an attorney at some of the leading employment law firms in New York, as in-house labor counsel with the New York Daily News, and as a Field Examiner with the National Labor Relations Board. Admitted to the New York and New Jersey Bars, he is a graduate of the Cornell University School of Industrial and Labor Relations and the Fordham University School of Law.

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Section I. Overview of wage and hour requirements in the hospitality industry

Section II. Tip credit
a) What it is
b) How it works
c) Requirements and restrictions
d) How the federal law differs from state laws

Section III. Tip pooling
a) What it is
b) How employers can properly implement a tip pooling structure
c) Recent tip pooling developments under federal law
d) What to keep in mind to ensure state law compliance

Section IV. Off-the-clock work
a) How to avoid wage and hour lawsuits and agency investigations on account of off the clock work claims which are pervasive in the hospitality industry

Section V. Recent hot-button issues affecting hospitality employers
a) The 80/20 Rule
b) The “one fair wage” movement
c) Predictive scheduling mandates

Section VI. Recordkeeping requirements – best practices for full compliance with record keeping laws and regulations that will also help to avoid wage and hour lawsuits