The restaurant industry is taking its cue from the U.S. Chamber of Commerce , which has been a remarkably successful behind-the-scenes lobbyist in the federal court system for years.
The National Restaurant Association has launched a Restaurant Law Center to “protect and advance” the restaurant industry.
In its first action, the Restaurant Law Center has asked the U.S. Supreme Court to overturn a 2016 ruling by the U.S. Court of Appeals for the Ninth Circuit in Oregon Restaurant and Lodging et al v. Perez, et al that prohibits employers from forcing tipped employees to share gratuities with non-tipped staff. The Restaurant Law Center wants to void a 2011 rule by the U.S. Department of Labor that was upheld by the 9th Circuit.
The Oregon decision conflicts with an earlier decision by the U.S. Court of Appeals for the Fourth Circuit and creates a split in the federal circuits that can only be resolved by the nation’s high court.