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ARTICLE · 08 MAY 2024

Argument Update: Fifth Circuit Panel Seems Poised To Vacate DOL's 2021 80/20 Rule

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uring oral argument on April 29, 2024, a panel of the Fifth Circuit appeared poised to vacate the DOL's 2021 80/20 Rule.

United StatesLitigation, Mediation & Arbitration
Ariel Cudkowicz
Ariel Cudkowicz
Michael Steinberg
Michael Steinberg
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Tips from Seyfarth is a blog series for employers, and their in-house lawyers and HR, payroll, and compensation professionals, in the food, beverage, and hospitality sector. We curate wage and hour compliance "tips" to keep this busy industry informed.

Seyfarth Synopsis: During oral argument on April 29, 2024, a panel of the Fifth Circuit appeared poised to vacate the DOL's 2021 80/20 Rule.

Here at TIPS, we've been closely following the ongoing litigation in the Fifth Circuit surrounding the U.S. Department of Labor's December 2021 codification of the "80/20 Rule." That rule, as we've explained, stems from a provision the DOL added to its 1988 Field Operations Handbook ("FOH")—guidance that itself purported to synthesize enforcement positions taken in opinion letters dating back to 1979.

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