Accessibility Tools

Skip to main content

Featured Federalist Article: In Restaurant Law Center v. DOL, the Fifth Circuit Invalidates DOL Tip Credit Rules Under New Loper Bright Standard

Written on .

Elizabeth K. Dorminey has authored an article for the Federalist Society. 

Here's a quick summary of what this article, In Restaurant Law Center v. DOL, the Fifth Circuit Invalidates DOL Tip Credit Rules Under New Loper Bright Standard, is about.

The court found that DOL’s Final Rule was contrary to the clear statutory text of the Fair Labor Standards Act (FLSA) because it imposed a line-drawing regime that Congress did not contemplate, and thus was due to be set aside.

...

This decision, of course, is good news for employers. They won’t have to follow their employees around with stopwatches or monitor the minutiae of activities that are included within tipped occupations. And it’s not bad news for tipped employees, who likely would have gained little from implementation of DOL’s Final Rule.

You can read the entire article on the Federalist Society website here.

Get Email Updates

Receive newsletters and alerts directly in your email inbox. Sign up below.

Recent Content

The May webinar will be led by Jim Wimberly, and the subject is the current status of the disparate impact theory of discrimination. The EE…
Early morning Bagan, Myanmar
The Trump Administration has acted to terminate TPS status for several countries.  Of course, litigation has followed each notice of termin…
staff
In many situations, employers utilizing staffing companies or other independent contractors to provide workers, enter into contracts with t…
discarded papers
During the Biden administration, a new concept was adopted by the Biden-appointed NLRB in which employers were required to bargain with a u…
be reasonable
In a memo to the NLRB regional offices in late February, NLRB General Counsel Crystal Carey told regional NLRB officials to reduce efforts…
gender neutral bathroom sign
On February 26, 2026, the Equal Employment Opportunity Commission (EEOC) ruled that federal employers can lawfully block transgender worker…