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Seyfarth's Ariel Cudkowicz and Michael Steinberg co-authored an article, "EXPERT INSIGHTS—TIPS FROM SEYFARTH: IN A MAJOR WIN FOR RESTAURANTS, FIFTH CIRCUIT VACATES DOL'S 80/20 RULE,"...
Seyfarth's Ariel Cudkowicz and Michael Steinberg co-authored
an article, "EXPERT INSIGHTS—TIPS FROM SEYFARTH: IN A
MAJOR WIN FOR RESTAURANTS, FIFTH CIRCUIT VACATES DOL'S 80/20
RULE," inThomson Reuters' Westlaw Todayon
September 3. The Seyfarth attorneys discussed the impact of the
Fifth Circuit striking down the Department of Labor's December
2021 regulation codifying the DOL's longstanding "80/20
rule" regarding gratuities.
"The Fifth Circuit's decision roundly rejects the
80/20 rule's focus on whether employees' discrete work
activities are tip-producing or not, and instead concludes that the
plain meaning of the statute is clear: an employer may claim the
tip credit for any employee who, when engaged in her
job—whatever duties the job entails—customarily and
regularly receives more than $30 per month in tips."
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