Tip Pooling and Other Wage and Hour Issues in the Hospitality Industry
Overtime Pay, Worker Classification, DOL Audits, and More

Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
Intermediate
- work Practice Area
Employment and Workers Comp
- event Date
Thursday, August 10, 2023
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE course will discuss best practices for FLSA and DOL compliance for tipped employees. Our expert panelists will guide practitioners through the latest updates in tip pooling and overtime pay regulations and how to best counsel hospitality industry employers on various employment issues.
Faculty

Ms. Faul has distinguished herself for over 30 years representing clients in the areas of employment law and labor law. Her practice focuses on advising management clients on day-to-day employee relations, representing management in connection with collective bargaining, employment litigation, including wage and hour litigation, acting as insurance defense counsel, and conducting presentations and training for clients’ workforces. Ms. Faul has successfully defended clients before state and federal courts and in arbitration proceedings and wage and hour litigation has been a cornerstone of her legal practice. Ms. Faul also proactively engages with employers regarding compliance with federal, state and city laws; drafting and implementing effective handbooks, policies and procedures; drafting and reviewing restrictive covenants; drafting and reviewing employment contracts and severance agreements; and workplace health and safety programs. She is frequently called upon as a commentator regarding local and federal labor and employment law.

Mr. Bogdan is an experienced labor and employment attorney who has worked with clients in a wide array of industries including hospitality, healthcare, construction, financial services, emerging technologies and higher education. He represents national and international clients, as well as small businesses, in all aspects of labor and employment law. Mr. Bogdan’s experience extends to discrimination and sexual harassment litigation, as well as the defense of clients against collective and class actions involving wage-and-hour disputes, including claims of unpaid minimum and overtime wages, tip misappropriation and other violations of the Fair Labor Standards Act and state law. He advises and defends businesses on litigation in the area of accessibility of public accommodations under Title III of the Americans with Disabilities Act and the New York State and New York City Human Rights Laws. He regularly counsels clients on the accessibility of their facilities, websites, mobile applications, auxiliary aids and services.

Ms. Ryan represents employers in virtually every area of employment and labor law and received the Anthony G. Marshall Hospitality Award for her pioneering and lasting contributions to the field of hospitality law. She represents employers throughout the U.S. in defending employment discrimination and harassment cases as well as handling traditional labor matters such as unfair labor practices and union campaigns. Ms. Ryan spends much of her time counseling employers in day to day employment and labor decisions and educating employers about prevention and practical solutions to workplace problems. She is a frequent speaker to industry groups and HR professionals on such topics as avoiding harassment in the workplace, maintaining a union free workplace, avoiding discrimination claims, proper interviewing, and effective discipline and discharge techniques.
Description
Hospitality industry employers (hotels, restaurants, caterers, nightlife, etc.) must be aware of the FLSA's and DOL's ongoing requirements for tipped employees. These employers must evaluate their tip pooling policies and procedures to ensure their regular and overtime pay practices and worker classifications are compliant.
Hospitality industry employers continue to face potential exposure to wage and hour liability, including record-keeping, pay practices, tip pooling practices, overtime pay, and employee classification.
Listen as our authoritative panel discusses current developments impacting hospitality industry employers. The panel will outline the current FLSA requirements affecting tip pooling rules, strategic policies and practices to minimize liability exposure, and best practices to defend against DOL audits and employee claims.
Outline
- Overview of FLSA requirements on tip pooling rules
- Discussion of other sources of employer liability in the hospitality industry such as overtime pay and employee classification issues
- Possible ongoing post-COVID-19 pandemic effects on tip pooling and other DOL audit issues
- Best practices for hospitality industry employers to limit liability exposure
- Defending employers in DOL audits and employee lawsuits
Benefits
The panel will review these and other relevant topics:
- What are the current FLSA requirements impacting tip pooling regulations?
- Will there be any ongoing post-COVID-19 effects on tip pooling amongst hospitality employees?
- Proactive steps hospitality industry employers should take to correctly implement policies regarding tip pooling, overtime pay, and employee classification
- Best practices for defending hospitality industry employers in DOL audits and employee lawsuits
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