Bar Almighty LLC’s Post

𝐓𝐡𝐞 𝐔.𝐒. 𝐃𝐞𝐩𝐚𝐫𝐭𝐦𝐞𝐧𝐭 𝐨𝐟 𝐋𝐚𝐛𝐨𝐫 𝐡𝐚𝐬 𝐭𝐚𝐤𝐞𝐧 𝐥𝐞𝐠𝐚𝐥 𝐚𝐜𝐭𝐢𝐨𝐧 𝐚𝐠𝐚𝐢𝐧𝐬𝐭 𝐭𝐡𝐞 𝐨𝐰𝐧𝐞𝐫 𝐚𝐧𝐝 𝐨𝐩𝐞𝐫𝐚𝐭𝐨𝐫 𝐨𝐟 𝐭𝐡𝐫𝐞𝐞 𝐰𝐞𝐥𝐥-𝐤𝐧𝐨𝐰𝐧 𝐫𝐞𝐬𝐭𝐚𝐮𝐫𝐚𝐧𝐭𝐬 𝐢𝐧 𝐭𝐡𝐞 𝐧𝐨𝐫𝐭𝐡 𝐇𝐨𝐮𝐬𝐭𝐨𝐧 𝐚𝐫𝐞𝐚—𝐥𝐨𝐜𝐚𝐭𝐞𝐝 𝐢𝐧 𝐓𝐨𝐦𝐛𝐚𝐥𝐥 𝐚𝐧𝐝 𝐬𝐩𝐫𝐢𝐧𝐠. The department alleges that the restaurants improperly used a portion of employees' tips for business expenses, such as condiments and takeout packaging. The lawsuit, filed by the department’s Office of the Solicitor, claims that Tejas Chocolate LLC and Tejas Dragon Companies LLC, which operate Tejas Chocolate & Barbecue and Tejas Burger Joint, respectively, diverted employees' tips for business purposes, violating the Fair Labor Standards Act. According to the law, tips are the property of the employees who earn them and cannot be used to cover business costs. For more detailed view on this refer to the link below: 𝐑𝐞𝐚𝐝 𝐡𝐞𝐫𝐞- https://lnkd.in/graHNbxE  𝐒𝐨𝐮𝐫𝐜𝐞- 𝐔𝐒 𝐃𝐎𝐋 𝐍𝐞𝐰𝐬𝐫𝐨𝐨𝐦 #departmentoflabor #newsroom #update #wageandhourdivision #flsa #fairlaborstandardsact #employers #employees #backwages #courseministry #workers #discrimination #federallaws 

🔍 Is Your Business Compliant with the Modern Slavery Act? Section 54 of the Modern Slavery Act 2015 requires businesses to publish an annual statement outlining the steps they’ve taken to combat modern slavery in their operations and supply chains. In our latest blog, we break down: ✅ Who needs to comply ✅ What to include in your statement ✅ Tips for ensuring transparency and accountability Stay informed and ensure your organisation meets its legal obligations. Read more here:

Another difficult topic covered by International Employment Lawyer; what action #employers should take following the recent UK slavery scandal involving McDonald’s: #modernslavery #employmentlaw #ukemplaw #ethicalbusiness

📢 The Tipping Act 📢 It's a common question when tipping in cafes, bars and restaurants to ask if the money actually does go to staff, and unfortunately there have been cases where it hasn't. However, in the hopes of promoting fairness and transparency, as of the 1st July 2024, all tips will have to be equally distributed between all employees. What do you think of this upcoming law? Have your say in the comments below. #hospitalitylaw #employmentlaw #thetippingact #employmentact #legalupdates

In recent news, a Boston pizza shop owner is convicted of Forced Labor Charges and will be sentenced later this year. Tune in to learn what you can do as a small business owner to help combat Labor Trafficking. Disclaimer: This video contains sensitive content related to labor exploitation and abuse. Viewer discretion is advised. The views and opinions expressed in this video are for educational purposes only and does not constitute as legal advice. If you or someone you know is experiencing labor exploitation or abuse, contact the local authorities, support organizations or the Department of Labor Wage and Hour Division. #TuesdayTalks #HRnews #CombatLaborTrafficking #HumanRights #EthicalBusiness #SmallBizCompliance

In today's Top Tip Tuesday, we delve into a pertinent issue that has surfaced in the Labour Court: When does moral indignation or vengeance warrant dismissal? Warren Beech examines this issue in conjunction with crucial factors such as the health and safety culture within a specific workplace. #LabourLaw #LabourCourt #Dismissal #CCMA #SafetyFirst #ZeroTolerance #HealthAndSafety #EmploymentLaw #Employers #Employees #TopTipTuesday #RelevantResponsivePractical https://lnkd.in/dsaS3fwi

An important judgment in which Mrs Justice Ellenbogen's decision that a term should be implied in fact, the strict conditions for implication having been met in this case, and that a final injunction should be granted (notwithstanding this amounted indirectly to specific performance) was upheld by the Supreme Court. The absurdity that would otherwise result was that the negotiated term for retained pay could be dealt a death blow the very next day after the workers relocated thus rendering the promise of retained pay inherent in the express term worthless. Further, in construing the word "permanence" in its proper context, it had to mean more than simply for the duration of the contract (allowing a fire and rehire on the supermarket's case). The express term allowing for dismissal on notice was subject to an implied term as concerned retained pay which meant it could not be used to defeat the workers' entitlement to retained pay (the 'fire and rehire' proposal in question). A very clear judgment and must-read on conflicting express terms and implication of terms in fact for business efficacy or necessity as well as specific performance in employment contracts.

Such an interesting case with many layers to it - if we take it at face value from the below there appears to be a 1) failure to provide an employment contract. 2) failure to investigate a concern in line with due process and protections. 3) failure to follow whistleblowing legislation. 4) probably the worst failing is a failure to support an employee when they were trying to do the right thing for their company. Obviously there will be much more to this case than that reported in the media but it highlights the many elements of employment law that businesses need to consider. If the article raising any concerns to you give ViewHR a call and see if we can help you.

Lord Frank Field (16 July 1942 – 23 April 2024) Lord Field was a great advocate for really making the Modern Slavery Act deliver. As a business we bang on about sustainability, transparency and anti slavery in cocoa. It makes sense that we should be doing things to move the dial on this. So I got in touch with Lord Field a few years ago and have been blown away by his constant dedication. We discussed the best way to really make an impact and how we make businesses accountable. Truly accountable, signing an anti-slavery statement annually that nobody checks up on really isn’t moving the dial. This was a piece that he sent me on from what he wrote about the Modern Slavery Act "... a host of big businesses from Tesco to the Co-op, from Primark to investment bankers like Rathbones, would welcome the legislation. Slavery (by which we mean not just human trafficking but also domestic servitude) is the second largest global criminal industry. Slave labourers are invisible: it is difficult for the T-shirt retailer in London to know the labour conditions of the cotton pickers in India. By not forcing companies to conduct due diligence, to declare their supply chains slave-free, Cameron has denied them the best line of defence: ‘I checked my suppliers, as the law demands.’ This leaves them open to accusations of illegal practice and — just watch — lawsuits." What an amazing man who will be missed by so many dearly!