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Ninth Circuit Adopts Primary Beneficiary Test to Determine Whether Vocational Students Are “Employees” Under the Fair Labor...

In a case of first impression in the Ninth Circuit, Benjamin v. B&H Education, No. 15-17147 (9th Cir. December 19, 2017), the Ninth Circuit Court of Appeals adopted the “primary beneficiary test” to determine whether...more

Ninth Circuit Rejects DOL’s “80/20 Rule” for Sidework: What This Means for Employers of Tipped Employees

The Ninth Circuit Court of Appeals recently rejected the U.S. Department of Labor’s (“DOL”) tip-credit guidance, commonly known as the “80/20 rule,” as well as its guidance on tasks unrelated to a tipped occupation. The...more

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