Michael Nimmo’s Post

Restaurant Owners: Employee or contractor? Error: Mixing up employees with independent contractors, or failing to classify exempt/non-exempt employees correctly. Solution: Assess positions in detail and make sure that each worker is correctly classified to avoid severe penalties. There is no harm in consulting with an employment lawyer if you are unsure. #restaurant #restaurantowners

#Industry I These findings are part of a national food precincts program where The Fair Work Ombudsman have often found that low-cost dining comes at the expense of workers’ lawful wages. The FWO found that 74% of businesses had breached #workplace laws. #WorkplaceEthics #WorkplaceLaws #FoodIndustry #Australia #Lawfulwages

I like the principle of this....but not being in hospitality i have some questions... 1. What happens if tips are currently shared. Does the person getting the tip keep what they have been personally tipped? 2. What happens to behind the scenes staff who may have shared tips previously e.g. kitchen, cleaning etc 3. Is a service charge a tip? 4. How are restaurants and pubs dealing with the administration of this new law e.g. What happens if someone pays on card for whole bill including tip. Answers please 😃 Just curious! #tip #hospitality

Local Restaurant Workers Call for a "No" Vote on Massachusetts Question 5 Pembroke, MA – October 16, 2024: Restaurant workers across Massachusetts are urging the public to vote "No" on Question 5, a proposal that could impact service industry employees and their livelihoods. To raise awareness, a roundtable discussion will be held on Tuesday, October 29th at 10:00 AM at Tolson's Tap and Tavern, located at 15 Columbia Road, Pembroke, MA. Massachusetts State Representative Matt Muratore will host the event, where local restaurant workers and business owners will speak out on how Question 5 could affect their earnings and working conditions. The discussion aims to provide a platform for the voices of those directly impacted by the proposed legislation, with a clear message: "Protect Our Tips, Vote No on #5." Event Details: What: Roundtable Discussion on Question 5 When: Tuesday, October 29, 2024, at 10:00 AM Where: Tolson’s Tap and Tavern, 15 Columbia Road, Pembroke, MA Host: State Representative Matt Muratore Workers believe that passing Question 5 would have negative consequences for tipped employees, reducing their control over their wages and diminishing their ability to earn a living. The event is open to the public, and all members of the media are encouraged to attend. Protect Our Tips: Vote No on #5 For further information or to RSVP, please contact: Nicole Vantran GM Tolson's Tap and Tavern Phone: 781 585-5856 cell  Restaurant 781 829-6999 Email: [email protected] Let’s stand together to protect the livelihood of restaurant workers across Massachusetts!

🚨 Big News for the Restaurant Industry 🚨 The DOL's 80/20 Tip Credit Rule has officially changed as of August 23, 2024. No more tracking how much time your tipped employees spend on non-tipped duties to maintain the tip credit. The new requirement? 51% of their time must be dedicated to tip-earning activities. This change has significant implications for how you manage your staff and keep records. It’s essential to update your time-keeping practices and consider a wage and hour audit to ensure compliance with the new standard. 📊 Want to know more about what this means for your business? Click the link to read the full article and stay ahead of the curve. https://lnkd.in/eDj2XyGU #RestaurantIndustry #LaborLaw #DOLUpdate #TipCredit #Compliance

What are your thoughts on #California food service employees being paid what is getting closer to a living wage ($20/hr) ? Love to hear from employees and managers on this.

Is your business considering starting or expanding its tip-pooling policy? Check out this Perkins Thompson Article that I co-authored with Brandon Mazer on Maine's new Act to Establish Parity in Tipping Laws for Restaurant Workers, which gives Maine employers more flexibility in structuring their tip pools to include employees who do not typically receive tips:

BusinessTime can help California businesses navigate wage and hour issues, including meal and rest breaks, by providing automated tools and insights that ensure accurate tracking and adherence to labor laws. Here’s how: 1. Automated Tracking for Meal and Rest Breaks • Compliance Monitoring: BusinessTime tracks when employees take their meal and rest breaks, ensuring compliance with California’s labor laws that mandate specific break periods. • Alerts and Notifications: Automated reminders can notify employees and managers when breaks are due, reducing the risk of violations. • Detailed Reporting: Provides clear records of break times, which can serve as evidence of compliance in case of disputes or audits. 2. Wage Calculation and Accuracy • Accurate Payroll Processing: BusinessTime’s precise time logs ensure employees are compensated correctly, including overtime calculations, avoiding costly underpayment or overpayment issues. • Customizable Settings: Tailor the system to reflect California-specific wage laws, including split-shift premiums and differential pay. 3. Insights and Reporting • Real-Time Insights: Managers can monitor compliance in real time to address any deviations immediately. • Audit Readiness: Maintain detailed, organized records of work hours, breaks, and policies to streamline audits or legal proceedings. 5. Employee Accountability and Transparency • Employees have access to their own time records, fostering trust and reducing disputes related to missed breaks or incorrect wages. Why This Matters for California Businesses With stringent wage and hour laws, businesses face significant penalties for non-compliance. BusinessTime not only reduces the administrative burden but also minimizes the risk of lawsuits and ensures adherence to California’s labor standards. By implementing BusinessTime, businesses can proactively address compliance challenges, protect themselves legally, and create a fair and transparent workplace. It is easy to get started. email [email protected] #WageCompliance #TimeTracking #LaborLawSolutions #WorkforceEfficiency #BusinessAutomation https://lnkd.in/eHtHrSQQ

The new law on tips and tipping came into force this week ⏰ After years of campaigning, new legislation banning employees from holding staff tips has passed. From 1st October 2024, workers must receive all tips from customers - whether paid in cash or by card. Whether you're a waiter, barista, bartender, taxi driver or hairdresser - if you receive tips, this policy impacts you🫵 Tips should be distributed to staff fairly and with no delay and employers should have a written policy on how they manage tip - but workers need to ensure it is democratic and appropriately enforced. Got a boss sitting on your tips? The law says workers and their union can now take them on. Read & share Unite's FAQs on #FairTips 👉 unitetheunion.org/tipsfaqs #unitetheunion #jobspayconditions #hospitality #employmentlaw

I'm a bit confused by tipping waiting staff in the UK. I thought the 'service charge' (when charged) had superceded the requirements for tips. Otherwise, one is tipping twice. Of course, it's fine to tip if service was above and beyond, as one is then topping up (ie on top of the base charge). With the new law: 1) will staff receive all of the service charge as well as tips? 2) a business can be fined if it withholds tips from staff... and must pay staff by the end of the following month. So if it is not given out at the end of the shift, how do staff know if the business is holding some back. Proving that a restaurant owner is keeping some of the tips would surely be impossible...? I don't run a restaurant (though I worked in some in my younger years), but I'm curious as to how this does/will work. https://lnkd.in/eDnuU433