You may have heard that the Department of Labor (DOL) released its final overtime rule in April.

This new rule significantly increases the minimum annual salary threshold determining overtime pay eligibility under the Fair Labor Standards Act (FLSA) from $35,568 to $58,656. 

• The rule will gradually come into effect, with an increase to $43,888 which started on July 1, 2024
• There will be an increase to $58,656 effective January 1, 2025

Legal Appeal News 
The National Restaurant Association Restaurant Law Center filed a lawsuit against the rule in May asking for a temporary restraining order. The court decision came through on Friday, June 28, 2024 and unfortunately the court did not rule in their favor. Restaurant Law Center staff are analyzing additional legal options. More updates will follow.
 
What Restaurants Should Do Now
The Wisconsin Restaurant Association and the National Restaurant Association recommend that restaurants do the following to ensure that they are in compliance with this rule:

• Review job duties: Ensure employees are correctly classified as exempt or non-exempt based on their job duties. This DOL fact sheet provides guidance on determining exempt status.
• Review payroll records: Identify salaried exempt employees with wages below the new threshold. For these employees, consider 1) raising their salary above the new limit or 2) changing their status to non-exempt and properly tracking hours to pay overtime when appropriate.
• Consult counsel: Consult with an employment attorney licensed in your state to determine how best to comply with the rule and all applicable state and local rules.

​For more information, check out these resources: DOL: Final Rule on Overtime Protections, DOL: Final Rule Webinar, DOL: Earnings Threshold Chart, DOL: Small Business Compliance Guide, DOL: Final Rule FAQ
 
Questions? Email or call the AskWRA Team at 608.270.9950

You may have heard about a new law that puts in place measures relating to how third-party delivery companies interact with restaurants to curb certain third-party delivery company business practices that are harmful and costly to restaurants. WRA lobbied for this law which is highly beneficial to restaurants and gives them the choice whether or not a third-party delivery company can deliver their food! The law goes into effect today, July 1, 2024.
 
Under the new law:

• A third-party food delivery service can no longer list a restaurant’s name, address or logo without consent.
• Food delivery service drivers are required to have knowledge of basic food safety principles.
• Third-party delivery services are required to share data with the restaurant about the content of orders and the times that orders are placed.
• Third-party delivery companies will incur progressive fines if they do not abide by the law. 

 
This means that restaurants can now report a third-party delivery company that is listing the restaurant without their consent to the Department of Agriculture, Trade & Consumer Protection. 

• When a complaint is filed, DATCP’s Bureau of Consumer Protection will gather information and work with both parties to resolve the concern and ensure future compliance.
• Visit this website to file a complaint – NOTE: there is not a special form for a third party delivery company complaint – restaurants need to use DATCP’s general complaint form.

 
If you have questions regarding this law regarding third party delivery (2023 Wisconsin Act 75), please contact the DATCP Bureau of Consumer Protection at 1-800-422-7128 or e-mail [email protected]. You can also email or call the AskWRA Team at 608.270.9950.
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