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Dual-Job Tip Rule Will Get a Second Look by Appeals Court

Feb. 16, 2018, 9:26 PM

How much should courts rely on the Department of Labor’s interpretation of a rule on the rights of employees working “dual jobs” for an employer? The full U.S. Court of Appeals for the Ninth Circuit will weigh in on that question when it rehears a three-judge panel’s ruling from last fall.

The three-judge panel held in several consolidated cases September 2017 that the DOL interpretation was an “alternative regulatory approach” that wasn’t consistent with the FLSA or the agency’s regulations. The court said the agency’s interpretation wasn’t entitled to judicial deference.

The Eighth Circuit, on the other hand, found in...

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