RESTAURANT LAW CENTER; Texas Restaurant Association, Plaintiffs-Appellants,
v.
UNITED STATES DEPARTMENT OF LABOR; Honorable Martin J. Walsh, Secretary of the U.S. Department of Labor; Jessica Looman, Acting Administrator of the Department of Labor's Wage and Hour Division, in her official capacity, Defendants-Appellees.
United States Court of Appeals, Fifth Circuit.https://leagle.com/images/logo.png
Christopher Galiardo , Office of the Texas Attorney General, Solicitor General Division, Austin, TX, Ari Cuenin , Office of the Attorney General, Office of the Solicitor General, for Amici Curiae State of Texas, State of Alabama, State of Arkansas, State of Louisiana, State of Mississippi, State of Montana, State of Oklahoma, State of South Carolina, State of Utah.
David B. Jordan , Littler Mendelson, P.C., Houston, TX, Mark Anthony Flores , Littler Mendelson, P.C., Dallas, TX, for Amici Curiae National Retail Federation, National Federation of Independent Business, American Hotel & Lodging Association, American Gaming Association.
Jeffrey B. Dubner , William B. Bardwell, Esq. , Attorney, Democracy Forward Foundation, Washington, DC. for Amici Curiae Restaurant Opportunities Center United, Economic Policy Institute, National Women's Law Center, Main Street Alliance, American Sustainable Business Network.
Before Higginbotham, Duncan, and Engelhardt, Circuit Judges.
Stuart Kyle Duncan, Circuit Judge:
The Restaurant Law Center and the Texas Restaurant Association ("Plaintiffs") challenge a Department of Labor regulation that refines how the federal minimum wage applies to tipped employees. The district court denied Plaintiffs a preliminary injunction on the sole ground that they failed to establish irreparable...
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