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Alec Marsh v. J. Alexander's LLC
Case Number:
15-15791
Court:
Nature of Suit:
Companies
Sectors & Industries:
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September 18, 2018
9th Circ. Says DOL Owed Deference On Tip Credit Guidance
The Ninth Circuit gave a green light Tuesday to servers and bartenders suing restaurants including IHOP and P.F. Chang's for allegedly underpaying them, ruling en banc that courts should defer to Obama-era tip credit guidance from the U.S. Department of Labor and ending a split with the Eighth Circuit.
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March 20, 2018
DOL's Tip Guidance Protects Workers' Wages, 9th Circ. Told
Waiters, bartenders and other service workers told the en banc Ninth Circuit on Tuesday that they're underpaid for tasks that don't garner tips, saying a three-judge panel erred in favoring restaurant owners who'd challenged a 2016 U.S. Department of Labor administrative guidance on minimum wage exemptions for tipped employees.
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September 06, 2017
9th Circ. Gives No Deference To DOL On Tip-Credit Guidance
The U.S. Department of Labor deserves no deference for its 2016 administrative guidance over whether employers can claim a tip credit for certain nontipped duties an employee may perform, the Ninth Circuit ruled Wednesday, saying the agency attempted to “create de facto a new regulation” while also acknowledging that the ruling creates a split with the Eighth Circuit.