OREGON RESTAURANT AND LODGING ASS'N v. PEREZ

Nos. 13-35765, 14-15243.

816 F.3d 1080 (2016)

OREGON RESTAURANT AND LODGING ASSOCIATION, a non-profit Oregon corporation; Washington Restaurant Association, a non-profit Washington corporation; Alaska Cabaret, Hotel, Restaurant & Retailers Association, a non-profit Alaska corporation; National Restaurant Association, a non-profit Illinois corporation; Davis Street Tavern LLC, an Oregon limited liability company; Susan Ponton, an individual, Plaintiffs-Appellees, v. Thomas PEREZ, in his official capacity as Secretary of the U.S. Department of Labor; Laura Fortman, in her official capacity as Deputy Administrator of the U.S. Department of Labor; U.S. Department of Labor, Defendants-Appellants. Joseph Cesarz; Quy Ngoc Tang, individually and on behalf of all others similarly situated, and all persons whose names are set forth in Exhibit A to the First Amended Complaint, Plaintiffs-Appellants, v. Wynn Las Vegas, LLC; Andrew Pascal; Steve Wynn, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed February 23, 2016.


Attorney(s) appearing for the Case

John S. Koppel (argued) and Michael Jay Singer , Attorneys, United States Department of Justice, Civil Division, Washington, D.C.; Stuart F. Delery , Assistant Attorney General, Office of the Attorney General, Washington, D.C.; S. Amanda Marshall , United States Attorney, United States Attorneys' Office, OR, for Defendants-Appellants Thomas Perez, et al.

Joshua D. Buck (argued), Thierman Buck , Reno, Nevada; Leon Greenberg and Dana Sniegocki , Leon Greenberg Professional Corporation, Las Vegas, NV, for Plaintiffs-Appellants Joseph Cesarz and Quy Ngoc Tang.

Paul DeCamp (argued), Jackson Lewis P.C., Reston, Virginia; Nicholas M. Beerman , Peter H. Noble , and William Robert Donovan, Jr. , Jackson Lewis P.C., Seattle, WA; Scott Oberg Oborn , Jackson Lewis P.C., Portland, OR, for Plaintiffs-Appellees Oregon Restaurant and Lodging Association, et al.

Eugene Scalia (argued) and Alexander Cox , Gibson Dunn & Crutcher LLP, Washington, D.C.; Gregory J. Kamer and Bryan J. Cohen , Kamer Zucker Abbott, Las Vegas, NV, for Defendants-Appellees Wynn Las Vegas, LLC, et al.

Opinion by Judge PREGERSON; Dissent by Judge N.R. SMITH.


OPINION

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 U.S.C. § 203(m). This practice is known as taking a "tip credit." Section 203(m) of the FLSA obligates...

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