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Friday, April 10, 2026

Will This Court Case End the “Subminimum Wage”? – Mother Jones - Mother Jones

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The average tipped food-service worker clocks well over 40 hours a week, including weekends and holidays, for an average of $24,000 a year. Benefits are practically non-existent, and there’s no disputing that the pay is low: many employers, including some of the most profitable food firms in the country, aren’t required to pay tipped staff more than $2.13 an hour out of pocket. What is in question, according to a brief filed last week by the organization One Fair Wage, is whether those rates are constitutional.

Restaurant worker advocates One Fair Wage first filed suit in September, arguing that the wage policies of Darden Restaurants—the world’s largest dining conglomerate outside the fast-food industry, the single biggest employer of tipped workers in the US, and the owner of chains like Olive Garden and Longhorn Steakhouse—drive sexual harassment and race-based pay inequity among female and nonwhite tipped staff. Those disparities, the group says, violate the “disparate impact” clause of the 1964 Civil Rights Act.

The suit was dismissed by the 9th Circuit Court of Appeals, which sits one rung below the Supreme Court on the judicial ladder, on the basis that One Fair Wage wasn’t employed by Darden or directly harmed by its pay policies. But if that’s the case, One Fair Wage argued in Friday’s brief, then no one can sue Darden at all: the company requires...



Read Full Story: https://www.motherjones.com/politics/2022/01/will-this-court-case-end-the-sub...