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9th Circ. Gives No Deference To DOL On Tip-Credit Guidance

By Vin Gurrieri ( September 6, 2017, 8:11 PM EDT) -- 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. . . .

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