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“This regulation really forces employers to maintain these records, not because of a recordkeeping violation, because they’d get slaughtered in litigation if they don’t have records,” DeCamp said.

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The panel of three judges also raised questions about the difference between a nearly identical “80/20' guidance document, which had been in place during the Obama administration, and the final rule codifying that guidance.Īrguing on behalf of the restaurant groups, Paul DeCamp of Epstein Becker & Green PC said the rulemaking included a new limitation, which requires employers to pay the full minimum wage to tip-earning workers if they are doing non-tip earning work for more than 30 minutes straight.ĭeCamp noted that the regulation has never explicitly included a recordkeeping requirement, but if employers don’t keep records of when employees are doing side work, as opposed to tip-earning work, they leave themselves “exposed to massive litigation.” The appellate court questioned whether a preliminary injunction would be a necessary remedy, given that the lower court overseeing the case has set a hearing in January on motions for summary judgment filed by both the agency and the restaurant groups.

Employers can currently pay their workers as little as $2.13 an hour, so long as the worker earns at least $30 a month in tips and their wages reach the full minimum rate of $7.25 an hour at the end of the pay period. The legal fight is over a DOL rule that requires employers to pay the full federal minimum wage of $7.25 an hour to tip-earning workers if they spend 20% of their hours a week or more than 30 minutes straight doing non-tip earning work, like rolling silverware. 6 in the Restaurant Law Center and Texas Restaurant Association’s request for a preliminary injunction to block the rule, which has been in place since late last year. The US Court of Appeals for the Fifth Circuit heard oral arguments Dec. Rebecca Rainey: Federal judges appeared skeptical last week that restaurant industry groups would face harm from compliance costs if a rule limiting the use of the tip credit is allowed to remain in place.

ANALYSIS: Now It Takes 465 Days to Sign a Union’s First Contract.

Apple Store Workers in Maryland Become First in US to Unionize.

Apple Adjusts Anti-Union Pitch as Labor Board Counsel Bears Down.

Apple Union Win Shows Labor Gains in Organizing-Resistant South.

Apple’s Labor Tactics in Atlanta Deemed Illegal by the NLRB.

“We hope for the best and prepare for the worst,” DiMaria said. It takes an average of 465 days for a newly recognized union to ratify a first contract, a recent Bloomberg Law analysis found.

The company has denied wrongdoing.Įmployers have the ability to stall first contracts, sometimes for years. Another labor board official in New York filed a complaint against Apple for allegedly intimidating workers trying form a union at the World Trade Center store. National Labor Relations Board prosecutors this month said that Apple broke federal law by interrogating and coercing employees at an Atlanta store that ultimately withdrew its petition for an election. But workers at scores of other locations have been exploring the idea and complained about Apple’s conduct. Only two Apple retail locations in the US are unionized-Towson, under the International Association of Machinists, and a store in Oklahoma City under the Communications Workers of America. “You’re writing everything from scratch, and Apple has a lot of policies,” he said.

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Pay will be a top issue, along with professional development and health and safety, DiMaria said. The union bargaining committee has been meeting twice a week to draft its proposals, and plans to start bargaining with the company sometime in January, said David DiMaria, an organizer with the International Association of Machinists who led the Towson campaign. The inaugural Apple Store contract will be felt far beyond Maryland, and will serve as the basis for subsequent contracts. Ian Kullgren: The first Apple Store union in Towson, Md., is getting ready to negotiate its first contract early next year-which could end up being its hardest fight yet. Monday morning musings for workplace watchers.