DOL Can't Enforce Tip Pool Rule, Judge Says

Law360, Los Angeles (June 25, 2013, 6:01 PM EDT) -- An Oregon federal judge declared certain provisions of a U.S. Department of Labor 2011 final rule to be invalid on Monday, enjoining the DOL from applying or enforcing a rule barring back-of-house restaurant workers from employer-mandated tip pools.

The final judgment terminates the lawsuit less than three weeks after U.S. District Judge Michael Mosman ruled the DOL had exceeded its authority by issuing regulations on worker tip pooling at restaurants. Judge Mosman granted summary judgment to the plaintiffs — the National Restaurant Association, the Oregon Restaurant...
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