Split 9th Circuit Panel Finds DOL Rule Supersedes Circuit Precedent

(March 10, 2016, 10:26 AM EST) -- PORTLAND, Ore. — Two trial courts in two cases over tip pooling erred when the courts ruled in favor of the employers as the courts must follow the guidance of a new rule announced by U.S. Department of Labor (DOL) in 2011 rather than the precedent set by the Ninth Circuit U.S. Court of Appeals in a 2010 decision, a divided Ninth Circuit panel ruled Feb. 23 (Oregon Restaurant and Lodging Association, et al. v. Thomas Perez, et al., No. 13-35765, Joseph Cesarz, et al. v....
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