United States Ninth Circuit
Oregon Rest. & Lodging Ass'n v. Perez, 13-35765
In a labor & employment action challenging the Department of Labor’s 2011 rule on tip pooling for both customarily and non-customarily tipped employees, the district court’s judgment for plaintiffs is reversed where Cumbie v. Woody Woo, Inc., 596 F.3D 577 (9th Cir. 2010), did not foreclose the Department of Labor’s ability to promulgate the rule and the rule is consistent with the tip pooling restrictions of the Fair Labor Standards Act, 29 U.S.C. section 203(m).
Appellate Information
- Published 2016/02/23
Judges
- PREGERSON
Court
- United States Ninth Circuit