April 29, 2024
The U.S. Department of Labor and two restaurant groups told the Fifth Circuit on Monday that they agreed the department's rule regulating what's tipped and nontipped work "is fundamentally a line-drawing problem," but disagreed on whether that "line" had been drawn appropriately under federal statutes.
January 17, 2024
Two restaurant-industry business groups urged the Fifth Circuit on Wednesday to strike down a rule that would prevent employers from taking tip credits against servers' wages if they spend excess time performing untipped work, calling the rule an "ill-advised frolic."
January 04, 2024
The U.S. Department of Labor's rule curbing the occasions in which employers can pay tipped employees subminimum wages should stay in place because it is rooted in evidence supporting its applicability, three progressive groups told the Fifth Circuit.
January 02, 2024
The U.S. Department of Labor defended its 2021 rule defining what kind of work can be tipped, telling the Fifth Circuit that the rule codifies the department's approach of differentiating which work triggers tip credit applicability.
January 01, 2024
In 2024, courts around the country will tackle independent contractor classification, minimum wage and overtime cases that employment lawyers should pay attention to. From a lawsuit seeking to overturn Uber and Lyft's carveout from California employment laws to the U.S. Department of Labor's power to issue rules and how state-level pay transparency laws are getting put to use, here are seven to watch.
November 22, 2023
An appellate opinion may breathe new life into a case that a lower court dismissed, or throw out a decision with instructions to conduct a fresh analysis that adopts a new legal test. Here, Law360 reviews what happened in five minimum wage and overtime cases where an appellate ruling changed the course of the litigation.
November 02, 2023
Eleven state attorneys general urged the Fifth Circuit Thursday to flip a Texas federal court ruling that keeps the U.S. Department of Labor's rule regulating tipped and non-tipped work alive, saying the DOL attempts to sidestep Congress' definition of a tipped employee.
October 26, 2023
The U.S. Department of Labor's rule regulating what's tipped and nontipped work "makes a mockery" of federal law, two restaurant groups told the Fifth Circuit, urging the appeals court to flip a Texas federal court ruling keeping it in place.