Restaurant operators may be eligible 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.
Key takeaways: The claim window is 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 a claim before the deadline.
Submitting a claim is easy: The claim process was designed to take only 5 to 15 minutes. The portal should even autofill most information when submitting the individual’s “Claimant ID” and “Control Number” found in the claim letter or by submitting the business’s Tax ID, if the claim letter is not available.
Su tries again
Last week, the Senate HELP Committee voted along party lines, 11-10, to advance Julie Su’s nomination for Secretary of Labor yet again.
Dive deeper: Su has been serving as Acting Secretary of Labor despite being unconfirmed and has overseen several troubling proposed and final rules, including regulations that would make significant changes to the overtime threshold, the apprenticeship system, and independent contractor classification.
Looking ahead: There is no indication that Su’s path toward a Senate confirmation vote is any clearer this year.
Health Inspectors
Instances of individuals posing as health inspectors are on the rise. In many cases, individuals will contact a restaurant and demand payment for the inspection fee. Please be aware that inspection fees are only charged when a restaurant requests an additional inspection or a re-inspection. Also, the Health Department will bill the restaurant and will not ask for payment at the time of the inspection. If you ever have any doubts or want to verify that the health inspector is legitimate, you can reach out to your local health department or contact the State Health Department. If you need assistance contacting your local health department, you can contact us and we will get you the proper information.
Reminder: Questions to know when Health Inspector Arrives
Georgia Food Code mandates that every location have one Certified Food Service Manager (CFSM). However, if the CFSM is not there when a health inspector arrives, then the person in charge must be able to answer certain questions. See Georgia Food Code 511-6-1-.03(c) Correct Answers to Food Safety Questions to make sure all people in charge are prepared. Learn more.
Independent Contractor vs. Employee: DOL Issues New Final Rule for Determining Worker Status
The U.S. Department of Labor’s (DOL’s) test for determining whether a worker should be classified as an independent contractor or an employee for purposes of the federal Fair Labor Standards Act (FLSA) has been revised several times over the past decade. Now, the DOL is implementing a new final rule rescinding the employer-friendly test that was developed under the Trump administration. The new, more employee-friendly rule takes effect March 11, 2024.
If you’re found to have misclassified employees as independent contractors, you may owe back pay if employees weren’t paid minimum wage or overtime pay, as well as penalties. You also could end up liable for withheld employee benefits and find yourself subject to various federal and state employment laws that apply based on the number of affected employees. Read more.
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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