Ever wonder whether two connected businesses, like a restaurant and private club sharing a kitchen and managers, can dodge overtime by claiming they’re separate companies? The U.S. Department of Labor just answered that question loud and clear. Continue reading
If you’ve been clam-oring for clarity on whether front-of-house oyster shuckers can share in the tip pool, the U.S. Department of Labor just served up a pearl of wisdom. Continue reading
Whether you’re drafting agreements for a C-suite hire, a high-profile consultant, or a VIP client, there are legal landmines everywhere—from misclassification to IP disputes. Today, we’re tackling them all.
TL;DR: Join me and attorney Merlyne Jean-Louis for a free Zoom session at 12 PM ET today—Friday, May 9, 2025—as we break down the legal and strategic considerations that go into working with VIPs, whether they’re public figures, top executives, or behind-the-scenes power players.
🔗 Register here
The Department of Labor just blinked. Again. In its latest move, the agency announced that it’s stepping back from its own 2024 independent contractor rule and reverting to older, more flexible standards. That’s not just a procedural shift—it’s a clear signal that the DOL may be moving away from stricter employee classification altogether. Continue reading
Working with VIPs can feel like walking a legal tightrope. From influencers to high-profile executives, businesses often face big questions: Are they independent contractors or employees? What must go into their agreements? And how do you protect your intellectual property—and avoid legal headaches?
On May 9 at 12 PM ET, I’ll be teaming up with my colleague, Merlyne Jean-Louis, for a free Zoom session you won’t want to miss: Continue reading
Navigating the maze of wage laws can sometimes feel like playing a high-stakes game of “gotcha,” especially for restaurant operators. A recent opinion letter from the Department of Labor (DOL) clarifies when managers and supervisors can participate in tip pools if they perform the same duties and responsibilities as other typically tipped employees.
TLDR: never.
In a recent precedential decision, the Third Circuit Court of Appeals addressed a critical issue for employers: whether they must compensate employees for the actual time spent on work-related activities, even if they are lollygagging. Or can an employer comply with the Fair Labor Standards Act (FLSA) by paying employees a reasonable amount instead? Continue reading
Suppose you commonly reimburse employees for certain expenses like mileage, meals, or equipment. Suppose instead of paying them the usual rate of “x,” you decide to pay them significantly more, like maybe “4x” for those expenses. Can you do so and exclude those payments from the employee’s regular rate of pay if they work overtime? Continue reading
While monkeying around over the past week or so, I took a break from writing. By now, most of you have heard last week’s news about a Texas federal judge setting aside the FTC’s Noncompete Rule. But on Friday, the Fifth Circuit followed up with a decision vacating a U.S. Department of Labor final rule limiting the time tipped employees can spend in non-tipped activities when the employer receives a tip credit.
“An employer’s free speech right to comment upon matters that affect the business is firmly established,” noted a Vermont federal judge earlier this month. “But when such commentary is a threat of retaliation … it is without the protection of the First Amendment.”
That’s fancy speak for employers can’t use social media to retaliate against employees, current or former. Continue reading
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