January 3, 2019
By Laurent Badoux
As published in Law360
In Alec Marsh v. J. Alexander’s LLC, the U.S. Court of Appeals for the Ninth Circuit, acting en banc, issued a fundamentally important opinion of impact for employers in the Western states and beyond. Specifically, the Ninth Circuit reversed a prior ruling and adopted the U.S. Department of Labor’s questionable “20 percent rule,” which the Eighth Circuit had also endorsed in the 2011 decision of Fast v. Applebee’s.
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