Minimizing the Risk of Wage and Hour Litigation in the Hospitality Industry

(2514 Ratings)

Produced on: May 19, 2016

Course Format On Demand Audio

Taught by


Course Description

Time 90 minutes
Difficulty Advanced

Employee wage and hour disputes are among the most common and substantial risks facing businesses in the hospitality industry – costly lawsuits can result if employers are not vigilant in their compliance practices. In this course, Tannenbaum Helpern employment law attorneys Andrew W. Singer and Jason B. Klimpl discuss best practices that businesses can utilize to minimize the legal risks associated with employee compensation, as well as suggestions for handling related litigation and other disputes. For instance, Andrew and Jason address what employers in the hospitality industry must do to properly track employee hours worked, calculate and pay overtime, maintain proper records, take a tip credit, and much more. The presenters also provide an update on federal wage regulations and recent case law affecting hospitality employers.


Learning Objectives: 

I.     Understand the fundamentals of employee compensation requirements in the hospitality industry

II.    Recognize best practices that hospitality establishments can adopt to mitigate the risks of employee wage and hour disputes

III.   Develop and implement policies and agreements to defend against employee lawsuits 

IV.   Identify recent regulations and case law affecting hospitality employers


Andrew W. Singer

Tannenbaum Helpern Syracuse & Hirschtritt, LLP

Andrew W. Singer leads Tannenbaum Helpern's Employment Law Practice Group, which offers a full spectrum of legal services from everyday counseling to complex employment litigation. With extensive experience in all aspects of employment law, he regularly advises companies with various human resource and compliance issues:


  • draft and negotiate employment agreements and executive compensation structures
  • draft non-competition, non-solicit and confidentiality agreements
  • counsel companies on restrictive covenant enforceability
  • draft and negotiate severance agreements


  • wage and hour compliance, including overtime computation and exemptions from overtime, minimum wage, payment and deduction from wages, commissions and draw structures, bonus and incentive compensation, governmental wage and hour audits, recordkeeping, and federal and state labor laws
  • independent contractors, misclassification analyses, consulting agreements, and governmental audits
  • privacy concerns, including federal and state workplace privacy laws, off-duty conduct laws, drug-testing, and background and credit-checks

HR Policies

  • social media policies and technology and e-mail usage policies
  • anti-discrimination, including sexual harassment, retaliation, accommodating the disabled and religion, and handling internal corporate investigations
  • employee termination, WARN Act compliance, and COBRA
  • human resource and compliance counseling, including drafting and reviewing employee handbooks, drafting job descriptions, vacation and PTO policies, family and medical leave compliance, military leave policies, and issues related to employment applications

Litigation & Dispute Resolution

  • defend discrimination and retaliation claims based upon sex, race, sexual orientation, national origin, religion, disability, age and any other protected class in federal and state courts
  • handle discrimination matters filed with the Equal Employment Opportunity Commission, the New York State Division of Human Rights, and the New York City Commission on Human Rights
  • A frequent speaker on employment law topics and emerging trends, Andrew regularly conducts training seminars for supervisory and managerial employees covering equal employment laws and sexual harassment, the Americans with Disabilities Act, wage and hour laws, independent contractor misclassification, workplace violence, social media policies, the Family and Medical Leave Act and other leave policies, workforce reduction and the WARN Act, and other employment law developments.

Andrew has been selected for inclusion in New York Super Lawyers for 2010, 2011, 2012 and 2013.

Jason B. Klimpl

Tannenbaum Helpern Syracuse & Hirschtritt LLP

Jason B. Klimpl is a partner in the firm's Employment, Staffing Law, and Corporate practice groups and Associate General Counsel to the New York Staffing Association. Jason advises clients on a broad range of employment matters, such as:

Equal opportunity actions and policies, including allegations and charges of discrimination or retaliation before the U.S. Equal Employment Opportunity Commission, the New York State Division of Human Rights, the New York City Commission on Human Rights, and policies and respectful workplace training relating to disabilities, religious accommodations, sexual harassment, and all other forms of discrimination;

Employment agreements and restrictive covenants, including drafting and reviewing employment agreements and provisions relating to bonuses, draw and commission structures, non-solicitation, non-competition, and confidentiality;

Healthcare reform implementation, including affordability and minimum value requirements, employer coverage determinations, employee status reviews, filing and notice mandates, compliance penalties, and small business tax credits;

Independent contractor and consulting issues, including drafting and reviewing consulting agreements, performing independent contractor misclassification analyses, and responding to governmental audits;

Reductions in force, including the federal WARN Act and analogous state laws, protected group termination impact analyses, separation agreements and general releases, and COBRA;

Technology and privacy concerns, including drafting and reviewing online social media policies, technology and e-mail usage policies, federal and state workplace privacy laws, off-duty conduct laws, drug-testing, background and credit checks; and

Human resource and compliance counseling, including drafting and reviewing employee handbooks, job descriptions for overtime and ADA compliance, disability and family and medical leave compliance, vacation and PTO policies, military leave laws, meal and break requirements, jury duty and voting leave, and employment application issues.

In addition, Jason has prepared numerous articles and presentations on employment matters, such as:

  • sexual harassment and workplace discrimination;
  • the Americans with Disabilities Act
  • healthcare reform (the Affordable Care Act)
  • social media policies
  • wage and hour laws
  • independent contractor misclassification
  • the Family and Medical Leave Act and other leave policies
  • workforce reductions and the WARN Act
  • governmental enforcement initiatives
  • various developments in employment law
  • staffing industry concerns


Stuart N.

Thought all of the speakers were good

Katerina D.


Karen H.

Best class I've heard on Lawline - speakers were very informed and effective

Jill S.

The course was very good.

Christopher R.

Very relevant material. I deal with these issues in my business. Well organized presentation

Polly K.

These guys were very good.

Jeffrey B.


Kevin A.

Another good program. Thank you.

James V.


Louis M.


Fred B.

Conversational dual presentation is an effective and user-friendly format.

Roya M.

Excellent all around.

Georgian P.

Extra interesting! Enjoyed this course! Very informative!

Eric L.

The course was satisfactory.

Otto M.

Excellent presentation!

carol b.

Both speakers were extremely well informed and knew how to communicate with their audience. Excellent presentation.

Frank G.

Best course

Fabian G.

Great Video, Thank you.

James O.

Excellent presentation

David T.

very informative

Howard G.

All CLE classes ought to be practical like this one was.

George S E.

Excellent presentation

Agnes M.

Great course - terrific presentation by Messrs. Singer and Klimpl

Josh N.

Very important course for the bbusiness attorney

Gil M.

Interesting material.

Robert G.

Good info esp if you have small business clients.

Marcia R.

Interesting and easy to listen to and absorb

Joshua S.

this is great for people in the hospitalitiy industry on either side of the fence.

Thomas C. R.

Best program yet!

Terry T.


Brian D.

Extremely knowledgeable faculty.

Stan I.

i learnt a great deal.

Marcia R.

faculty extremely knowledgable.

Joseph F.

Good presentation.

Silvia C.


Jonathan S.

Excellent presentation.

Trisha L.

Good course

Rosa L.

The delivery was comprehensive and professional.

Matthew D.

very good

Steven S.

great presentation!! would definitely watch more employment law CLEs with them.

Stephen C.

Well done!


Very good

Paul S.

Very good overview of a complex set of legal requirements.

Mary V.

Excellent presentation.

Brian S.

Very good actually. Knowledgeable speakers with real practical info.

Kimberly P.

My favorite course so far! Very interesting and engaging speakers and topic!

Dennis S.

Presenters were extremely clear and articulate; slides were relevant and substantive

ellen l.

Very helpful and informative.

Ingrid S.

Interesting and well paced -- makes me appreciate labour law in ways I never did before

Jennie C.

Excellent faculty. Very informative, easy to follow & kept it interesting. Thanks!

keith k.

Great presentation

Steve S.


Joe H.

Great presentation.

Jimmy G.

excellent presentation. I really liked the dueling commentary.

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$ 89 Labor & Employment Law and Food, Beverage, & Agriculture In Stock


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