Tip Guidance Withdrawn, Disparate Impact Pushback, and Qui Tam Ruling

What employers should know about key developments this week: Tip Rule Guidance: The U.S. Department of Labor rescinded three opinion letters that the Biden administration cited in its final tip rule, which revived the 80/20 standard. Federal enforcement now focuses on whether a worker's duties are related to their tipped occupation, rather than on calculating percentages. State Disparate Impact Guidance: Pushing back on the federal government's move to end disparate impact enforcement, 14 state attorneys general issued joint guidance that disparate impact liability remains legal and enforceable under state and applicable federal civil rights laws. Several states have also enacted amendments to their civil rights laws or regulations to codify disparate impact liability. Qui Tam Provisions: The U.S. Court of Appeals for the Eleventh Circuit held in September that the False Claims Act's qui tam provisions do not violate the U.S. Constitution's Appointments Clause, reversing a 2024 ruling by the U.S. District Court for the Middle District of Florida that would have invalidated them. The same district court must now decide whether the provisions violate the Vesting and Take Care Clauses, an issue the Third Circuit is also considering. - Visit our site for this week's video edition and more news: https://www.ebglaw.com/eltw454 Sign up for notifications: https://www.ebglaw.com/eltw-subscribe Visit https://www.EmploymentLawThisWeek.com - Epstein Becker Green is a national law firm focused on health care and life sciences; employment, labor, and workforce management; and litigation and business disputes. This video is for informational purposes only and does not constitute legal advice. Viewing this video does not create an attorney-client relationship. EMPLOYMENT LAW THIS WEEK® and #WorkforceWednesday® are registered trademarks of Epstein Becker & Green, P.C. © Epstein Becker & Green, P.C. All Rights Reserved. Attorney Advertising.