FEATURE ARTICLES WORKPLACE DIARIES FREE ADVICE
STRESS-O-METER SPEAK UP ACTION GUIDE
TITLE PUNCHING OUT  page 2 of 3
SUBHEAD Weekly Answers to
Office Quandries
AUTHOR Professor
Peter Rachleff

Punching Out


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The quality of this legislation has been due to the strength of the labor movement, particularly its political strength, expressed for 25 years through a third party, the Farmer-Labor Party. Thus, minimum wage legislation does apply to tipped personnel. Every time there is a raise in the minimum wage, the

hospitality industry and its lobbyists try to weasel out of it, but so far they have not succeeded. There is also a law which says that an employer cannot force "tip pooling" without the agreement of his or her employees, even in non-union facilities. Perhaps you could contact your local AFL-CIO central labor body, Hotel Employees and Restaurant Employees (HERE) union, or state AFL-CIO and ask about getting a movement going to make such laws in Pennsylvania.

Despite these legal protections, Minnesota is no workers' paradise. At a prominent restaurant, the owner recently pressured his workers to accept tip pooling by threatening to shift to a "service compris" menu where all gratuities would be included in the price of the meals. When workers objected, the owner became abusive. Within two weeks, over 70% of the workers had signed union cards. But the owner hired an anti-union legal consultant who pressured the workers one at a time. Some were offered perks; others were threatened. By the time the NLRB held the union election, a slim majority voted "no union." The HERE Local filed "unfair labor practices" claims against the owner and the NLRB ordered a new election. But by then, many of the union supporters had become disgusted or depressed and quit. But the union and its supporters continue to picket the restaurant, often with creativity (the National Writers Union Local recently held a "poetry picketline"), damaging the restaurant's reputation and business.

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