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wage & hour law Archives

Restaurant servers fear theft of tips under proposed regulations

Existing wage regulations set by the U.S. Department of Labor allow servers in Texas restaurants to keep their tips and bar management from requiring tip sharing with kitchen staff. If a proposed change to the regulation becomes official, then restaurant owners will gain the ability to pool tips and distribute them between servers and cooks. Although some people in the food industry accept that this change could ease income disparity between front and back workers, the regulations as proposed leave open the possibility that management could keep the tip money.

Female former employees sue Oracle for wage disparity

On Sept. 29, it was reported that three former Oracle employees, all female, filed a lawsuit against the company for pay discrimination. The lawsuit, which was seeking class-action status in order to represent all female employees at Oracle, was filed on Aug. 28. The company has locations in Texas.

The difference between gig worker and employee

There is a significant difference between Texas workers who are labeled as independent contractors as opposed to employees. Independent contractors are generally responsible for paying their own taxes and finding their own insurance. They may also be required to take steps on their own to obtain payment for services rendered. However, unlike most employees, they are generally allowed to choose when and how they work.

Overtime rule blocked by federal judge in Texas

The salary threshold for overtime pay has not been changed since 2004. It remained at $23,660 for overtime eligibility. President Obama's administration passed a new regulation that would have doubled the salary threshold to $47,000, making many more workers eligible for overtime pay. That rule change has been blocked by a federal judge in Texas, however.

Rights of youthful workers under wage and hour laws

Teenagers and minors in Texas are protected under federal and state wage and hour laws. These laws establish a minimum wage for youth and establish standards for their working conditions in order to protect their health and safety. These laws are meant to also protect the educational opportunities that are available to young people.

Increase in 80/20 rule enforcement

Waitstaff and servers in Texas restaurants may wish to play close attention to the 80/20 rule related to tip credit for minimum wage employees. In many places across the the country, restaurants are experiencing an increase in lawsuits related to violations of the rule, and more jurisdictions are beginning to uphold the rule in court.

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