In an opinion illustrating the tangled web we weave when de-facto legislation takes place outside of Congress, the Ninth Circuit in Marsh v. J. Alexander's gave deference to the USDOL's sub-regulatory "20% Rule", restricting an FLSA tipped employee's activities, essentially on the basis that the agency's position was previously available online and that employers were therefore presumed to have notice of its potential effect.
The first of several USDOL "listening" sessions provided few answers. The primary question remains whether the agency will listen this time around as it takes on the FLSA's white-collar exemptions.
The concept of "fair" workweeks, scheduling, etc., while primarily a local-government endeavor, is causing a national headache. Given the breadth and complexity, let alone variety, of these provisions, employers must invest in getting to know the specifics of each jurisdiction and, just as importantly, training front-line managers.