Editor's Note :

Editor's Note :

We expect orders from the March 24 conference on Monday at 9:30 a.m. There is a possibility of opinions on Tuesday, March 28 and Wednesday, March 29.
On Monday the court hears oral argument in Advocate Health Care Network v. Stapleton. Ronald Mann has our preview.
On Monday the court also hears oral argument in TC Heartland LLC v. Kraft Foods Group Brands LLC. Ronald Mann has our preview.

Applebee’s International Inc. v. Fast

Petition for certiorari denied on January 17, 2012
Docket No. Op. Below Argument Opinion Vote Author Term
11-425 8th Cir. N/A N/A N/A N/A OT 2011

Disclosure: Goldstein and Russell P.C. represents the respondents in this case.

Issue: (1) Whether an employer loses the benefit of the “tip credit” provided by the Fair Labor Standards Act toward its minimum-wage obligations for employees who regularly receive tips if a tipped employee spends more than twenty percent of his time performing duties that are related to his occupation but are not by themselves directed toward producing tips; and (2) whether the deference that the Eighth Circuit paid to the Department of Labor’s informal interpretation of its regulation conflicts with the decisions of this Court and other courts of appeals and impermissibly allowed the agency to issue de facto a new regulation under the guise of interpreting an earlier one.

Plain English Summary:

Briefs and Documents

Certiorari-stage documents

Term Snapshot