Employers should not allow tip pools that include employees that are not 'customarily and regularly' tipped.
They are still on track to be published this summer with an expected effective date in September.
The new regulations could strip 5 million employees of flexible work schedules and convert them to time trackers.
Aggregated across all employees, CBS News estimates employers would need to pay an additional $5 billion to cover this added work day.
If this proposal becomes reality, the EEOC must understand that it’s not one size fits all.
Under the FLSA, it is the employee’s burden to show that he or she was working during non-working time.
Retailers or other employers using the practice of on-call shifts should carefully review each state’s laws where they do business.
Benefit payments made to employees that require the employee to perform work must be included in the regular rate for determining the rate of overtime.