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Marsh USA, Inc. v. Rex Cook (TX 2011)

Articles Discussing Case:

DOL’s “80/20” Tip Credit Rule Entitled to No Deference, Ninth Circuit Holds, Creating Circuit Split

Jackson Lewis P.C. • September 11, 2017
Finding it wholly inconsistent with the statute and the regulation it purports to interpret, the Ninth Circuit has held invalid the United States Department of Labor’s “80/20” tip credit rule, or “20% Rule,” which limits the availability of the tip credit when tipped employees spend more than 20% of their time performing allegedly non-tip generating duties.