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Restaurant Operators May be Eligible for Settlement Funds
The Payment Card Settlement is the biggest antitrust class-action settlement in history and sets aside about $6B for millions of U.S. merchants who for years paid artificially inflated Visa and Mastercard interchange fees. If your restaurant accepted Visa and/or Mastercard at any time between Jan. 1, 2004, to Jan. 25, 2019, then you are likely a member of the class settlement and entitled to a share of the settlement.
Learn more: The Association and the Restaurant Law Center recently hosted a webinar on the “Payment Card Settlement: What it Means for Restaurant Operators.” A recording of this webinar and a copy of the power point presentation can be found here.
The claim window is still open - the deadline to submit a claim either through the physical mailer or online is May 31, 2024. Go to www.paymentcardsettlement.com to submit your claim before the deadline.
US DOL Issues Final Rule to Clarify Rights to Employee Representation During OSHA Inspections
The U.S. Department of Labor today published a final rule clarifying the rights of employees to authorize a representative to accompany an Occupational Safety and Health Administration compliance officer during an inspection of their workplace.
The Occupational Safety and Health Act gives the employer and employees the right to authorize a representative to accompany OSHA officials during a workplace inspection. The final rule clarifies that, consistent with the law, workers may authorize another employee to serve as their representative or select a non-employee. For a non-employee representative to accompany the compliance officer in a workplace, they must be reasonably necessary to conduct an effective and thorough inspection.
The rule is effective on May 31, 2024. Learn more.
Independent Contractor or Employee? 2024 Final Rule Goes into Effect
On March 11, a Department of Labor (DOL) rule dictating how employers should determine whether their employees qualify as independent contractors took effect. The 2024 Final Rule, which DOL issued Jan. 10, rescinds and replaces the Trump administration’s more streamlined worker classification while returning to the “totality of the circumstances” standard.
Dive deeper: Under this rule, DOL returns to a 6-factor test, with no one factor presumed to carry more weight than another. This new standard undermines clarity and predictability for businesses. In addition, the complexity of the new rule will likely require operators to consult with qualified legal counsel. The rule’s ambiguity could also lead to inconsistent classifications and increased litigation risks.
Key takeaway: The rule is expected to make it more difficult for companies to categorize workers as independent contractors, rather than employees. However, platforms in the gig economy, such as app-based rideshare and delivery services, do not expect the new rule to alter the classification of their drivers.
Why it matters: The distinction between employee and independent contractor determines whether the individual is entitled to the federal minimum wage and overtime.
What’s next: The Association supports H.J. Res 116 and S.J. Res 63, resolutions to repeal DOL’s final Independent Contractor rule through the Congressional Review Act. Earlier this month, the Association joined a coalition of organizations in sending a letter to Congress in support of this effort. The Association also supports the Employee Rights Act, which would streamline the definition of "employee" across federal law.
Georgia DOR | Quarterly Sales & Use Tax Rate Updates
Effective April 1, 2024, Georgia Department of Revenue has published the new quarterly sales and use tax rates. Counties affected include: Baker, Baldwin, Barrow, Long, Richmond, Taylor, Towns, Walker. Historical, current and upcoming sales and use tax rates changes may be viewed here.
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