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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.

December 1, 2017 is the proposed deadline for affected employers to electronically submit injury and illness records to the Occupational Safety and Health Administration (OSHA). OSHA may still change the requirements in the final rule; however, affected employers should prepare to meet the proposed deadline. OSHA has set up a website, called the Injury Tracking Application (ITA), for affected employers to electronically submit their data.