Skip to main content

Put the Champagne On Ice...Initiative 77 Not In The Clear Just Yet


Readers might recall that last week, voters in the District of Columbia made headlines when they approved Initiative 77.  With approximately 55% of voters approving the measure, tipped workers in the District were put on the fast track for a minimum wage increase from the current hourly rate of $3.33 up to $15/hour in the coming years.  While this was a relatively close vote (with 44,353 vote in favor and 36,090 against), supporters of the measure cheered it as a major milestone in the ongoing minimum wage fight across the country.

However, perhaps this is a good time to pump the breaks on celebrating the vote for the time being.  Since last week, restaurant owners indicated they intended to continue the fight against the minimum wage hike for tipped workers.  After voters approved Initiative 77, it was sent to Capitol Hill for a 30 day Congressional review.  During this review period, Congress could alter or overturn the measure entirely.  As well, the District of Columbia Council could step in and take action as well.  From recent reports, it appears that a majority of the Council (as well as Mayor Muriel Bowser) have opposed the measure.  There is a possibility that the Council could pass legislation to repeal Initiative 77 (or could take steps to limit the impact of Initiative 77 on smaller employers).

While the passage of Initiative 77 marked a major milestone in the ongoing minimum wage fight, this one is not in the clear just yet.

Comments

Post a Comment

Popular posts from this blog

NLRB: Discussion Among Employees About Tip Pooling is Protected Concerted Activity

  This Advice Memorandum from the National Labor Relations Board’s Associate General Counsel, Jayme Sophir, addressed whether employees which discussed and complained about tip pooling at work constituted protected concerted activity. In relevant part, an employer in New York operated a chain of steakhouses.  While tip pooling was in place at these steakhouses, some of the employees objected to it on the grounds that it was not transparent and improperly divided tips among the workers.  Employees were told not to complain or talk to each other about the tip pool and were told that doing so would endanger their jobs.  Despite the employer later attempting to provide some clarity as to how the tips were being divided, rancor still existed among some employees.  At one point, the employees were told by a general manager that some employees that had been talking about the tip pool were “cleared out” and the employer would continue to do so. In the Advice Memorandum,...
Post a Comment
Read more

Distance in a Non-Compete Agreement Measured "As the Crow Flies"

Ginn v. Stonecreek Dental Care - Court of Appeals, Twelfth Appellate District of Ohio Facts :  Dr. R. Douglas Martin ("Martin") sold his dental practice to an employee who worked there, Dr. David Ginn ("Ginn").  In doing so, Martin and Ginn signed a contract for the sale which contained a non-compete provision that prohibited Martin from engaging in business "within 30 miles" of the practice for five years starting from October 2010.  While Martin initially stayed on and worked with Ginn for a period, the relationship subsequently deteriorated between the two and Martin went to work for another dental office.  The new dental office was less than 30 miles away when measuring the distance in a straight line.  However, when driving between the offices, the distance was more than 30 miles. Ginn filed a claim against Martin on the grounds that Martin breached the non-compete.   At the trial court level, the court found that "within 30 miles"...
Post a Comment
Read more

Breaking: Labor Secretary Rumored to Be Leaving Administration

A few hours ago, word leaked out that Labor Secretary Marty Walsh (“Walsh”) is in the midst of negotiations to head up the NHL Players Union and leave his position at the Labor Department. Walsh, who has served as the sole Labor Secretary under President Biden, has taken part in a labor renaissance of sorts as support for organized labor has increased during his term as Labor Secretary (although the number of workers that have joined a union over the past two years has not grown as mush as some expected.)  He has also overseen the ongoing negotiations with rail workers over a new contract, although that matter is still on shaky ground and playing out as we speak. As for who might step into the vacant Labor Secretary role, there are already rumblings that President Biden should nominate Deputy Labor Secretary Julie Su (a strong labor advocate) or even a progressive like Senator Bernie Sanders.  Until Walsh officially gives his notice, however, I would expect some/many potential...
Post a Comment
Read more