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Finding it wholly inconsistent with the statute and the regulation it purports to interpret, the Ninth Circuit, in Marsh v. J. Alexander’s, LLC, held invalid the United States Department of Labor’s “80/20” tip credit rule, or “20% Rule,” which limits the availability of the tip credit when tipped employees spend more than 20% of their time performing non-tip generating duties.

The New York State Department of Labor recently amended its Minimum Wage Order for Miscellaneous Industries and Occupations to state that bona fide meal periods and sleep times may be excluded from hours worked by home care aides who work a shift of 24 hours or more consistent with federal Fair Labor Standards Act regulations.