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Michael D. Considine

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Michael D. Considine is an Associate in Vedder Price’s Chicago office and a member of the firm’s Labor & Employment group. His practice focuses on labor and employment law, assisting companies with a variety of employment matters, including workplace investigations, leave and accommodation issues, discrimination and wage and hour disputes, and employee handbooks.

Coffee shop customer places cash in a tip jar
Unrecognizable male coffee shop customer places cash into a tip jar.

In August 2024, we reported on the highly anticipated opinion in Restaurant Law Center v. U.S. Department of Labor, 115 F.4th 396 (5th Cir. 2024), in which the Fifth Circuit vacated the 2021 Dual Jobs Final Rule as arbitrary, capricious, and contrary to the text of the Fair Labor Standards Act (FLSA). In light of that decision, the U.S. Department of Labor (DOL) recently published a new Final Rule eliminating the 2021 Dual Jobs Final Rule—commonly referred to as the “80/20/30” rule—from the Code of Federal Regulations (CFR). This is a technical amendment that reinstates the DOL’s original dual jobs regulation and restores the CFR to its pre-2021 language based on the 1967 dual jobs regulation.Continue Reading DOL Returns to Prior Dual Jobs Regulation for Tipped Employees