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In light of the IRS’ increased efforts to root out and capture unreported income, one of our hospitality clients recently asked us to provide some clarification regarding: 1) the obligations of employees to report tip income; 2) the obligations of employers to report tip income; and 3) the risks of underreporting of the tip income of its employees.
Continue Reading Here’s a Tip: Follow the Rules for Reporting Tip Income

There is a substantial difference between the definition of “hours worked” adopted by the California Division of Labor Standards Enforcement (“DLSE”) and that used by the Department of Labor (“DOL”) under the FLSA. Under California law, it is generally only necessary that the worker be subject to the “control of the employer” or “all the time the employee is suffered or permitted to work” in order to be entitled to pay. These two phrases operate independently of each other, so that if time falls into either category, it must be counted as hours worked.
Continue Reading California Applies Different Rules for “On-Call” Employees than the FLSA