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

ai, human reach out
A January 20, 2026, class action filed against Eightfold AI, Inc. in California is sending shockwaves through the employer and AI community…
danger sign, skull
A second “bombshell” affecting HR pertaining to AI is a federal court ruling in New York, that a defendant’s use of AI in researching and p…
CHAT GPT
Soon after the deciding of the above-discussed case on February 17, 2026, in U.S. v. Heppner, a criminal case in the District Court for the…
avoid, wave away
There are no easy answers to the above question, but some general observations will nevertheless be made.  First, the New York district cou…
ai visualization
Perhaps the starting point is to look at the type of AI platforms generally available.  At a recent conference about AI use for HR, speaker…
june 2026 legal immigration webinar promo graphic
The webinar will cover how to deal with a worksite enforcement action and various types of immigration enforcement activities. The webinar…