- California Supreme Court ruling on employee classification (Dynamex) expected to deal blow to gig economy [TaxProf, Bloomberg Daily Labor Report]
- Attorney fee request shows part of what’s wrong with Fair Labor Standards Act [Jon Hyman]
- Ninth Circuit: offshore platform workers entitled to hourly pay for 24 hours/day, including time sleeping [WLF on Newton v. Parker Drilling Management Services, Inc.]
- Employees, too: “D.C. gay bars launch campaign against ‘tipped wage’ measure” [Lou Chibbaro, Jr., Washington Blade]
- Study of restaurant employment: “Industry Dynamics and the Minimum Wage” [Daniel Aaronson, Eric French, Isaac Sorkin, & Ted To, Cato Research Briefs in Economic Policy] The “empirical evidence on the effect on minimum wages on employment is mixed. The empirical evidence on the effect of minimum wages on prices is pretty clear—it raises prices.” [Scott Sumner]
- Carceral progressivism: “Rethinking wage theft criminalization” [Ben Levin/On Labor, Terri Gerstein and David Seligman response, rejoinder]
“An oft-forgotten provision of Obamacare is being pushed over the finish line by Trump’s FDA.” [Helena Bottemiller Evich, Politico; Jacob Sullum (FDA overstates evidence); Mike Riggs (FDA honcho Scott Gottlieb “is not a free market firebrand”); Christian Schneider, USA Today] Earlier on FDA menu labeling here.
- “The biggest question from Friday’s disappointing Canadian employment report is how much can be traced to Ontario’s sharp minimum wage increase last month.” [Theophilos Argitis and Erik Hertzberg, Bloomberg] Decline in teen employment in US since 2000 was sharpest for those age 16–17, examining some reasons [David Neumark and Cortnie Shupe, Mercatus Working Paper via Connor Wolf, Inside Sources]
- “Will D.C. End Tipping?” [Thomas Firey, Cato] “I’m your bartender. I don’t want a raise.” [Ryan Aston, Washington Post] Hollywood campaign isn’t helping [Wendyll Caisse, Inside Sources on Restaurant Opportunities Center vs. Restaurant Workers of America]
- If freedom of contract had been respected, whole debate would look different to begin with: “A Colorado Minimum Wage Waiver?” [Ryan Bourne, Cato]
- Federal regulatory role: “Will Restaurants Steal Employees’ Tips if the Feds Let Them?” [Robert Verbruggen, NRO]
- Seyfarth Shaw survey: while employers beat more wage/hour cases at the certification stage in 2017, overall class action payouts in workplace class actions continued to soar [Glenn Minnis, Cook County Record]
- “If You Don’t Want To Tip 15%, An NYC Lawyer Will Help You Sue Applebee’s” [Angela Underwood, Legal Newsline]
Under a California bill introduced by Assembly Majority Leader Ian Calderone and backed by the L.A. Times, restaurants would be permitted to give plastic straws only to patrons who ask for them. A widely cited statistic in support of the measure turns out to be based on research done by a 9 year old. [Christian Britschgi, Reason; who updates the story to say the sponsor now intends to revise the bill to take out the fines]
Today the Philadelphia city council may vote on a bill to ban bulletproof glass at hundreds of small delis. My New York Post take: are they crazy?
“Have you ever been served food at a sit-down restaurant establishment through a solid barrier? That is not acceptable.” There’s an “indignity” to it, she adds, and it happens “only in certain neighborhoods.” Hence : “No more normalization of receiving food or drink through a prison-like solitary confinement window. What message does it send our children? What are we conditioning them for?”
Well, it sends several messages.
One is a moral that echoes down through the ages: Human beings threatened with violence have the right to protect themselves.
Another is that no matter how many of your neighbors may be personally liked and trusted, it takes only a few bad actors for you to live in a rough neighborhood. Acting as if it isn’t — or that police will always arrive in time to stop an assault — is playing pretend.
Predictably, some of the store managers say if their glass comes down they will start carrying guns to defend themselves….
Some sources: Philadelphia Inquirer coverage and editorial; Councilwoman Cindy Bass on Twitter; Joe Trinacria/Philly Mag; local WTXF and more, WPVI; draft ordinance; local commentary by Christopher Norris (sends a “damning message”: “The presence of bulletproof glass in corner stores promotes the dehumanization and distrust of the poor, while centering the privilege of its erector.”)
Note also UCLA law professor Eugene Volokh’s argument that a right of self-defense may be implicit in the U.S. Constitution as an unenumerated right, as it is explicit under many state constitutions.
“Plaintiffs in a class action lawsuit brought over Subway’s ‘footlong’ sandwiches have decided to abandon efforts to pursue the litigation,” two months after a Seventh Circuit panel scorchingly criticized a proposed settlement (“utterly worthless… no better than a racket.”) [Jessica Karmasek, Legal NewsLine; our earlier coverage]
Lawyers will get $858,000 of what is described as the nearly million-dollar settlement of a suit against McDonald’s franchisees in northeastern Pennsylvania that had used debit cards to compensate workers, leading to complaints of fees. “The eight employees named in the suit, or the lead plaintiffs, will receive $1,250 each plus the debit-card fees they paid, according to WNEP. All others — only a few hundred of the roughly 2,400 signed paperwork to collect — will get $100 plus fee reimbursement.” [AP/Wilkes Barre Times Leader]
- San Francisco, Seattle, NYC, Oregon: the new rage for predictable scheduling laws [Sara Eber Fowler, Seyfarth Shaw]
- “Montgomery County Wage Hike Will Drive Business to Virginia” [Emily Top, Economics21, Andrew Metcalf/Bethesda Beat, earlier here, here on the Maryland controversy]
- Truthfulness of plaintiff emerges as sticking point in gig-economy-threatening Grubhub suit [Joe Mullin, ArsTechnica, earlier]
- Expecting further $15/hour wage enactments, Shake Shack plans for kiosk and app ordering without traditional cashiers’ counters [Ryan Bourne, Cato] What a former McDonald’s CEO had to say last year about the minimum wage-kiosk nexus [Ed Rensi, Forbes] Related: Twitchy quoting me;
- After restaurateur Danny Meyer moves to no-tip policy favored by labor activists, many servers report drop in income [Eater NY] As USDOL rethinks, will there be an end of tip pooling cases against the hospitality industry? [Daniel Schwartz]
- “Department of Labor’s FLSA Overtime Rule: Where Is It Now?” [Eric A. Welter and Kimberly Kauffman, Welter Law Firm]
- California initiative that would expand rent control draws on magical thinking [Steven Greenhut]
- “Because of the vast scope of current law, in modern America the authorities can pin a crime on the overwhelming majority of people, if they really want to.” [Ilya Somin]
- “82-year-old sues Red Lobster over getting drunk and breaking hip” [Fox News]
- “Chefs react angrily as federal appeals court upholds California ban on foie gras” [Maura Dolan, Jenn Harris, and Geoffrey Mohan, L.A. Times]
- NYC: “Anti-Boozy Brunch Lawsuit Is Bogus, State Says” [Stefanie Tuder, Eater New York, earlier]
- “Courts have consistently pointed to the unique nature of haunted houses to prevent those injured from recovering” [Randy Maniloff, USA Today]