Jeffrey H. Ruzal, a Senior Counsel in the Employment, Labor & Workforce Management practice, in the firm’s New York office, was quoted in Law360, in “Tip Pool Rule Challenges No Panacea for Upended Industry,” by Braden Campbell. (Read the full version – subscription required.)
Following is an excerpt:
In the wake of these decisions, restaurant owners that had tip pools are backing off until told otherwise.
“A lot of my clients are very careful about taking chances, and while it may be economically advantageous to have a back-of-the-house employer participate in tip pools … employers don’t really want to take their chances,” Epstein Becker Green attorney Jeff Ruzal told Law360. “They’re taking a wait-and-see approach, no reason to be aggressive.” …
“Obviously, it has the markings, where you have a circuit split, that it’s ripe for review,” Ruzal said. “There’s seemingly nothing to support the DOL’s position, and where certain courts are supporting the DOL’s position where others clearly have not, I think there’s no choice but for the Supreme Court to step in.”