9th Circ. Told To Weigh 4th Circ. Case In DOL Tip-Pool Appeal

Law360, New York (August 12, 2015, 4:34 PM EDT) -- Restaurant groups battling the U.S. Department of Labor over an Oregon federal judge's ruling that the agency exceeded its authority when it barred back-of-house restaurant workers from employer-mandated tip pools informed the Ninth Circuit on Tuesday of a Fourth Circuit ruling that could favor their arguments.

In a letter to the Ninth Circuit, the restaurant groups said that a July 29 ruling by the Fourth Circuit that relied in part on the Ninth Circuit's 2010 decision in Cumbie v. Woody Woo Inc. is pertinent to the instant case and could bolster their reliance on the Woody Woo precedent.

“The Fourth Circuit’s...

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