Legal Opinion
Alec Marsh v. J. Alexander's LLC
Court of Appeals for the Ninth Circuit
Decided September 6, 2017No. 15-15791, 15-15794, 15-16561, 15-16659, 16-15003, 16-15004, 16-15005, 16-15118, 16-16033PublishedCited by 4 opinions
1Opinion of the Court
Partial Concurrence and Partial Dissent by Judge PAEZ
OPINION
IKUTA, Circuit Judge:
The Fair Labor Standards Act of 1938 (FLSA) generally requires employers to pay a cash wage of $7.25 per hour to their employees. 29 U.S.C. § 206(a)(1)(c). But where an “employee engage[s] in an occupation in which he customarily and regularly receives more than $30 a month in tips,” id. § 203(t), his employer may pay a reduced cash wage and claim the employee’s tips as a credit towards the $7.25 per hour minimum, id. § 203(m). The plaintiffs in these consolidated appeals are former servers and bartenders who…
2Cases cited38 opinions
- Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
- Skidmore v. Swift & Co.Supreme Court of the United States · 1944
- Auer v. RobbinsSupreme Court of the United States · 1997
- Perrin v. United StatesSupreme Court of the United States · 1979
- Christopher v. Smithkline Beecham Corp.Supreme Court of the United States · 2012
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3Cited by4 opinions
- Alec Marsh v. J. Alexander's LLCCourt of Appeals for the Ninth Circuit · 2018
- Hart v. Barbeque Integrated, Inc.District Court, D. South Carolina · 2017
- Friends of the River v. Nat'l Marine Fisheries Serv.District Court, E.D. California · 2018
- Turtle Island Restoration Network v. United States Department of CommerceCourt of Appeals for the Ninth Circuit · 2017