Workforce Bulletin

Earlier this summer, the Washington, D.C. Council (“Council”) narrowly passed an amendment to the Fiscal Year 2026 Budget (the “Amendment”) partially repealing portions of Initiative 82 and restructuring how tipped workers’ wages will rise over the coming years. If enacted, the Amendment would also impose new pay transparency requirements for all D.C. employers, not just those with tipped workers, and will require periodic studies of the District’s restaurant industry and tipped worker pay.

In a continuing trend, employers are abandoning on-call scheduling as states and cities continue to pass predictive scheduling laws.

1. What is Predictive Scheduling?

Predictive scheduling laws require employers to give employees adequate notice of when they will work so that they can plan for and around their work shifts.  The idea is that, unlike on-call scheduling, predictable schedules make it easier for workers, especially part-time retail and restaurant workers, to meet their needs, such as working another job, attending school, or arranging childcare.  The laws generally ...

Under the Fair Labor Standards Act (“FLSA”), employers can satisfy their minimum wage obligations to tipped employees by paying them a tipped wage of as low as $2.13 per hour, so long as the employees earn enough in tips to make up the difference between the tipped wage and the full minimum wage. (Other conditions apply that are not important here.) Back in 1988, the U.S. Department of Labor’s Wage and Hour Division amended its Field Operations Handbook, the agency’s internal guidance manual for investigators, to include a new requirement the agency sought to apply to ...