Kellogg Insight’s Post

That’s going to be hard to swallow! If you are even slightly unsure about you’re pay and conditions compliance then please get in touch. Plenty of managers have employment contracts which permit reasonable additional work to be completed in order to meet their job requirements. But it’s a tricky area. Taking the current information at face value these very junior managers are likely to need to be paid for every hour they work. It is unlikely to be realistic to expect them, with the way their time is recorded and pay calculated, to work 5 hours per week of extra work as the norm. Businesses like this work on pretty thin margins. Their workers work very hard and deserve to be paid what they are due. And on this scale, if correct, there should be a significant penalty. There will rightly be a degree of public dissatisfaction about this. $100m is a lot of money to underpay workers. If proven, there should be significant penalties too. In reality we probably need to pay a bit more for our burgers, fries and milkshakes. Unfortunately, if McDonald's put up their prices you can be sure there would be even greater public outrage from that. Which is a very uncomfortable commentary on where we’re at.

Employers, listen up! The Department of Labor has just rolled out industry-specific guidance for compliance with the 2022 PUMP Act. Wondering how this affects your business in the restaurant and retail sector? Dive into Asure Software's blog to understand your obligations and ensure you're on the right track. https://hubs.la/Q02l-jg-0 #Asure #PUMPAct #EmployeeRights #ComplianceMatters #NursingMothers #WorkplaceRights #FLSA

BOSTON – When the owner of three Tutti Frutti frozen yogurt shops in Massachusetts and New Hampshire terminated an employee who asserted their rights to the tips they had earned, the company violated anti-retaliation provisions of the Fair Labor Standards Act and found themselves facing costly consequences after a U.S. Department of Labor investigation. The department’s Wage and Hour Division found the employer failed to keep complete tip records and admitted they kept a portion of employees’ tips and used the tips for business expenses. The FLSA prohibits owners and managers from participating in tip pools and keeping any portion of an employee’s tips for any purpose. In an administrative settlement with the division, TF Holyoke LLC, doing business as Tutti Frutti in Hadley and Holyoke, Massachusetts and Newington, New Hampshire, has paid $6,438 in back wages and an equal amount in liquidated damages to 19 employees at the Holyoke location. The settlement also requires Tutti Frutti to pay the unlawfully terminated employee $10,000 in punitive damages and $1,978 in back pay for the period during which the employee was looking for a new job after the retaliatory discharge. The department also assessed $1,064 in civil money penalties against the employer for the tip violations.“Retaliation against an employee who asserts their Fair Labor Standards Act rights is against the law, and the Wage and Hour Division will pursue appropriate remedies for employees,” said Wage and Hour Division District Director Carlos Matos in Boston. “In this case, an employee received $10,000 in punitive damages for being terminated after inquiring about how and when tips would be distributed. In total, this employer paid $24,854 for tip and anti-retaliation violations of the FLSA.”Workers and employers can contact the division confidentially at its toll-free number, 1-866-4-US-WAGE (487-9243). Learn more about the Wage and Hour Division, including the agency’s restaurant compliance assistance toolkit, an overview of FLSA protections for restaurant workers and Workers Owed Wages, a search tool to use if you think you may be owed back wages collected by the division. Workers and employers alike can help track their hours worked and pay by downloading the department’s Android and iOS Timesheet App for free in English or Spanish.  

This is what it looks like to kick a business while it’s down. Last week, Corky & Lenny’s, a deli that has been a local institution for the past 67 years, closed its doors. The owners cited staffing shortages and burnout as the primary causes. Just three days later, one of its former employees filed a collective action lawsuit under the Fair Labor Standards Act for unpaid wages against the business and its owners. The named plaintiff, who worked as a server at the restaurant, claims that the business automatically deducted 30 minutes per shift for lunch for all non-exempt employees regardless of whether they took their lunch breaks or worked through them. She further claims that the business no longer had any method for employees to report days on which they did not take a lunch break, and otherwise ignored complaints of unpaid wages. My state has no requirement that an employer provide any breaks at all to its employees. If, however, an employer provides breaks, the FLSA governs whether the break time is paid or unpaid. 😴 Rest periods — defined as breaks of 20 minutes or less — are counted as hours worked whether or not the break is paid. Because they count as working time regardless, these rest breaks are customarily paid. 🍽️ Bona fide meal periods — breaks of more than 20 minutes — are not considered hours worked. To qualify as a bona fide meal period, however, the employee must be totally relieved of his or her work duties. According to the Department of Labor: “The employee is not relieved if he is required to perform any duties, whether active or inactive, while eating.” Thus, while a meal period can be unpaid, any work performed by an employee during a meal period would disqualify that break as a bona fide meal period under the FLSA and the statute would require the employer to compensate the employee for that time. The key legal phrase to know here is “suffered or permitted to work.” Work that an employer knows or should know that an employee performed counts as work time for which the employer must pay. This legal standard would encompass Corky and Lenny’s servers who worked through their lunch breaks. The reason is immaterial; the hours count as compensable work time. If (and it’s a big if) Corky & Lenny’s servers are working through their lunch breaks without pay and the business knows or should know that they are working, the restaurant and its owners have some liability concerns. #wageandhour #overtime #employmentlaw

In a landmark shift, abolishing non-compete agreements is reshaping industries, including the food and beverage industry. For years, non-competes have limited employee mobility, but their end brings new opportunities for talent and innovation. Read more: https://ow.ly/lC4z50SovBR #CareerFreedom #FoodIndustry #FutureOfWork

From what I am reading, the demands are going to force local restaurants to close their doors and national franchises to pull out of California due to exorbitant labor costs. This will cause even more unemployment in a state that is spending money faster than the US Congress. What happens when the restaurant economy crashes? How many people will be affected? Remember, this will not only affect the restaurants, but their suppliers as well. Most of them are already being hit financially by the Clean Transportation standards being forced upon in such a short time as well. What will happen to those workers and companies?

Another Broken Egg Cafe is always looking for innovative ways to enhance our employee experience. Recently, we implemented the Immediate Pay benefit, and the results have been outstanding. Immediate Pay allows our employees to access their earned wages on demand, giving them greater control over their finances. This benefit has been a game-changer, especially for those facing unexpected expenses or emergencies. Not only does Immediate Pay improve financial well-being, but it also boosts morale and engagement. Our employees feel valued and supported, knowing that they have this flexibility and convenience. Immediate Pay is free of charge for the organization. Any pay that is taken from an employee is applied to a deduction on their next check. The processing fee of $3 is taken from the funds requested by the employee. We piloted this program and then launched it companywide. After launching it companywide, we saw a huge increase in Immediate Pay deductions from 11K to over 30K in just two weeks. The data speaks for all our employees! It is a huge hit! Overall, Immediate Pay has been a fantastic addition to our benefits package, and I highly recommend it to other organizations looking to prioritize their employees' financial wellness. #HR #EmployeeBenefits #FinancialWellness #ImmediatePay #Innovation #ImmediatePay Immediate

WHAT'S UP WEDNESDAY? 📰 🍊 Food Services x Paylocity 🍽 "The most essential step of payroll provider selection is understanding that one size does not fit all; instead, it’s all about selecting the plan type and breadth most appropriate for your business." Stephanie Wilson, an HR & Payroll industry veteran of 19+ years, recently wrote this article in Total Food Services. Stephanie shares the essential factors restaurants should consider when choosing a payroll provider. Read the full article below! #TotalFoodServices #PayrollProvider #Paylocity

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 safety incentive program paying off? 💵 How would you know - this nifty ROI tool 📊 Never create an incentive program without a way to measure success. ✅ Check out my 6 tips for crafting a better incentive program. https://lnkd.in/eDGnmsWj #safetygeek #safetymanagement #safetymanager #EHS #Healthandsafety #safetyincentives #incentiveprograms #employeeperks #employeerewards #proactiveincentives #leadingindicators #carrotandstick #industrialworker #hardhat #safetyvest #redhat #yellowvest #orangehardhat #redhardhat