Ninth Circuit Perpetuates Uncertainty in 80/20 Rule for Employers of Tipped Workers
Executive Summary : On September 18, 2018, a year after a three-judge panel of the United States Court of Appeals for the Ninth Circuit affirmed the dismissal of Marsh v. J. Alexander's LLC , 869 F.3d 1108, a larger en banc panel of the court has overturned the previous decision, perpetuating uncertainty regarding timekeeping and minimum wage requirements for hospitality employers.
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