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Wage and Hour Laws Blog

Posts tagged multiple rates.

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 best answer to our October 8 Quick Quiz is, "Either Of The Above".

How may an employer figure FLSA overtime for an employee who is paid at two or more different hourly rates?

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