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Oregon Restaurant & Lodging Ass’n, et al. v. DOL, No. 3:12-cv-01261 (D. Or. June 7, 2013)

Articles Discussing Case:

Split Ninth Circuit Decision Clarifies the Limitations of Tip Pooling

Ogletree Deakins • March 04, 2016
In a split 2-1 decision, the Ninth Circuit Court of Appeals ruled in Oregon Restaurant and Lodging Association v. Perez (February 2016) that its 2010 decision in Cumbie v. Woody Woo, Inc. did not prevent the U. S. Department of Labor (DOL) from implementing regulations prohibiting all employers—even those that do not take advantage of a “tip credit”—from requiring tipped employees to participate in a tip pool that includes employees who are not “customarily and regularly” tipped.

Ninth Circuit "Tips" Against Tip-Pooling Policies

Fisher Phillips • March 02, 2016
In a surprising decision that may require many restaurants and other hospitality businesses in the Western U.S. to alter their labor practices, the 9th Circuit Court of Appeals upheld a 2011 U.S. Department of Labor (USDOL) rule that prohibits businesses from requiring employees to share their tips even if the tipped employees are paid minimum wage. The February 23, 2016 decision applies to all businesses operating in the 9th Circuit, which includes the states of California, Nevada, Washington, Arizona, Oregon, Idaho, Montana, Hawaii, and Alaska (Oregon Rest. & Lodging Association v. Perez).

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