Tipping Is The New Wage-And-Hour Battlefield

By Laurent Badoux (January 3, 2019, 2:02 PM EST) -- In Alec Marsh v. J. Alexander's LLC, the U.S. Court of Appeals for the Ninth Circuit, acting en banc, issued a fundamentally important opinion of impact for employers in the Western states and beyond. Specifically, the Ninth Circuit reversed a prior ruling and adopted the U.S. Department of Labor's questionable "20 percent rule," which the Eighth Circuit had also endorsed in the 2011 decision of Fast v. Applebee's.

Giving Chevron deference to the interpretation of the DOL, the majority opinion in Marsh took the position that if a server spends 20 percent or more of his or her time engaging in...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.


  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!

TRY LAW360 FREE FOR SEVEN DAYS

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!