September 20, 2024
The U.S. Department of Labor's attempts to defend its wage and hour regulations in a world without Chevron deference have so far been only partly successful, as two recent Fifth Circuit decisions show.
August 26, 2024
The Fifth Circuit striking down a U.S. Department of Labor rule regarding tipped wages shows just how vulnerable federal wage and hour rules are without Chevron deference, attorneys say. Here, Law360 explores the decision.
August 23, 2024
The Fifth Circuit struck down a U.S. Department of Labor rule on tipped wages, saying it goes against the Fair Labor Standards Act and is therefore arbitrary and capricious.
July 15, 2024
A trio of U.S. Supreme Court rulings this term that dulled administrative agencies' power are likely to make an impact on how the U.S. Department of Labor enforces wage and hour law. Here, Law360 reviews six cases where their application is already becoming a point of contention.
July 12, 2024
The U.S. Department of Labor told the Fifth Circuit that it need not consider the U.S. Supreme Court's recent decision scrapping Chevron deference in a lawsuit restaurant groups filed combating a rule affecting tipped workers, saying it has no impact on the case.
July 03, 2024
Restaurant groups suing to block a 2021 U.S. Department of Labor rule cracking down on when tipped workers can be paid subminimum wages filed a notice in the Fifth Circuit saying the court should follow the U.S. Supreme Court's recent decision stating courts can independently interpret agencies' rules.
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.