Pryor Cashman Partner Joshua Zuckerberg, co-chair of the Labor + Employment Group and the Discrimination + Harassment, Labor-Management Relations, and Restrictive Covenants + Trade Secrets Practices, spoke with Law360 about wage and hour cases that are likely to have big impacts in 2024.

In “7 Cases For Wage-Hour Attys To Watch In 2024,” Josh comments on a pending Fifth Circuit review of a U.S. Department of Labor rule regarding minimum pay for tipped workers, including restaurant employees:

Joshua Zuckerberg, who represents employers as co-chair of Pryor Cashman LLP’s labor and employment group, said courts questioning whether the DOL’s rule goes too far need to consider it alongside the practical fact that there's a role for agencies in interpreting the statutes they enforce.

“They’re going to have to give the agencies some authority to make rules and regulations and some deference,” he told Law360.

A rule that spells out guidelines for when an employer may pay tipped minimum or must pay standard minimum wage can be helpful, Zuckerberg said.

“In a restaurant you’ve got people doing all sorts of things,” he said. “From a policy perspective, it’s nice to have some clear-cut rules.”

He also weighs in on two upcoming U.S. Supreme Court cases with wage and hour implications—Loper Bright Enterprises v. Raimondo and Relentless Inc. v. Department of Commerce:

Zuckerberg of Pryor Cashman told Law360 the high court’s rulings will be important to parse because agencies’ interpretations of employment laws help form the legal framework in which lawyers practice.

“Most if not all of these statutes require interpretation,” he said. “It’s hard to imagine a legal regime without all that rulemaking taking place.”

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