Oregon Restaurant & Lodging v. Solis’s Empirical Analysis

Citation profile

2 federal appellate · 2 district ·

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The new regulations prohibit the use of tips by an employer even when the employer does not take a tip credit — i.e., even when the employer pays at least the full minimum wage. In so doing, the new regulations do not protect covered workers from substandard wages or oppressive working hours, nor do they vindicate any of the FLSA’s specific statutory protections. In light of ... Christensen , I presume that Congress intended not to add' a new statutory protection guaranteeing a tipped employee who receives the full minimum wage the additional right to retain all tips, except where she participates in a “valid” tip pool.”

   1 later decision quote this exact passage · from the majority
   e.g. Allision v. Dolich

2. “If ... the FLSA places limitations on an employer’s use of its employees’ tips only in the context of a tip credit, an employer could simply eschew the- tip credit and use a greater part of its employees’ tips toward its minimum wage obligations than permitted under [§ 203(m) ].... If an employer could avail itself of this loophole, it would have no reason to ever elect.the tip credit because, instead of using only a portion of its employees’ tips to fulfill its minimum wage obligation, it could use all of its employees’ tips to fulfill its entire minimum wage obligation to the tipped employees or other employees.”

   1 later decision quote this exact passage · from the majority
   e.g. Trejo v. Ryman Hospitality Properties, Inc.

3. “Tips are the property of the employee whether or not the employer has taken a tip credit under section 3(m) of the FLSA. The employer is prohibited from using an employee’s tips, whether or not it has taken a tip credit, for any reason other than that which is statutorily permitted in section 3(m): As a credit against its minimum wage obligations to the employee, or in furtherance of a valid tip pool.”

   1 later decision quote this exact passage · from the majority
   e.g. 962 F. Supp. 2d 545 - Trinidad v. Pret A Manger (USA) Ltd.