DOL Tip-Pooling Loss May Spur More Agency Rule Challenges

Law360, New York (June 10, 2013, 8:41 PM EDT) -- The U.S. Department of Labor suffered a loss Friday when an Oregon federal court ruled the agency had exceeded its authority by issuing regulations on worker tip pooling at restaurants, a decision lawyers say adds to a growing body of recent rulings that encourage legal challenges seeking to curb federal agencies' power.

U.S. District Judge Michael Mosman granted summary judgment to the plaintiffs — the National Restaurant Association, the Oregon Restaurant & Lodging Association and others — who said the DOL exceeded its statutory authority when...
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