Mealey's (September 8, 2016, 10:39 AM EDT) -- PORTLAND, Ore. — A divided Ninth Circuit U.S. Court of Appeals panel on Sept. 6 denied a petition for rehearing and, on behalf of the court, denied a petition for rehearing en banc concerning its Feb. 23 ruling in which the split panel held that 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 (Oregon Restaurant and Lodging Association, et al. v. Thomas Perez, et al., No. 13-35765, Joseph Cesarz, et al. v. Wynn Las Vegas, LLC, et al., No. 14-15243, 9th Cir.; 2016 U.S. App. LEXIS 16361)....