DOL, Applebee's Square Off Over Tips In 8th Circ.

Law360, New York (January 13, 2011, 4:50 PM EST) -- The U.S. Department of Labor, Applebee's International Inc. and workers who claim the chain failed to pay them proper minimum wage sparred before the Eighth Circuit on Thursday over the Fair Labor Standards Act's tip credit provision.

Applebee's is asking the U.S. Court of Appeals for the Eighth Circuit to overturn a decision denying the restaurant summary judgment, in which the lower court deferred to the DOL's position that employers cannot use a tip credit to offset minimum wage requirements when workers spend more than 20 percent of...
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