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Wage and Hour Laws Blog

Posts tagged regulations.

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 U.S. Wage and Hour Division has published a "Final Rule" relating to a number of FLSA topics. The courts should reject much of the document.

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