Legal Opinion
Oregon Restaurant and Lodging v. Thomas Perez
Court of Appeals for the Ninth Circuit
Decided February 23, 2016No. 13-35765, 14-15243PublishedCited by 22 opinions
1Opinion of the Court
Opinion by Judge PREGERSON; Dissent by Judge N.R. SMITH.
OPINION
PREGERSON, Senior Circuit Judge:
Under the Fair Labor Standards Act of 1938 (“FLSA”), as amended in 1974, an employer may fulfill part of its hourly minimum wage obligation to a tipped employee with the employee’s tips. 29 Ú.S.C. § 203(m). This practice is known , as taking a “tip credit.” Section 203(m) of the FLSA obligates employers who take a tip credit to (1) give notice to its employees, and (2) allow its employees to retain all the tips they receive, unless such employees participate in a valid tip pool. Id. Under section…
2Cases cited15 opinions
- Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
- United States v. Mead Corp.Supreme Court of the United States · 2001
- Christensen v. Harris CountySupreme Court of the United States · 2000
- National Cable & Telecommunications Assn. v. Brand X Internet ServicesSupreme Court of the United States · 2005
- Barrentine v. Arkansas-Best Freight System, Inc.Supreme Court of the United States · 1981
10 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Wai Tom v. Hospitality Ventures LLCCourt of Appeals for the Fourth Circuit · 2020
- Alec Marsh v. J. Alexander's LLCCourt of Appeals for the Ninth Circuit · 2018
- Romero v. Top-Tier Colorado LLCCourt of Appeals for the Tenth Circuit · 2017
- Agustin Valenzuela Gallardo v. William BarrCourt of Appeals for the Ninth Circuit · 2020
- Marlow v. The New Food Guy, Inc.Court of Appeals for the Tenth Circuit · 2017
17 more not listed; retrieve them via the Exa API.