Petition of the day
The petition of the day is:
Applebee’s International Inc. v. Fast
Note: Goldstein and Russell P.C. represents the respondents in this case.
Issue(s): (1) Whether an employer loses the benefit of the “tip credit” provided by the Fair Labor Standards Act toward its minimum-wage obligations for employees who regularly receive tips if a tipped employee spends more than twenty percent of his time performing duties that are related to his occupation but are not by themselves directed toward producing tips; and (2) whether the deference that the Eighth Circuit paid to the Department of Labor’s informal interpretation of its regulation conflicts with the decisions of this Court and other courts of appeals and impermissibly allowed the agency to issue de facto a new regulation under the guise of interpreting an earlier one.
Certiorari stage documents:
- Opinion below (8th Cir.)
- Petition for certiorari
- Brief in opposition
- Amicus brief of National Restaurant Association
- Amicus brief of Chamber of Commerce of the United States
- Amicus brief of American Hotel and Lodging Association
- Amicus brief of Apple American Group LLC, and Other Applebee's Franchisees
- Petitioner's reply
Recommended Citation: Kiera Flynn, Petition of the day, SCOTUSblog (Oct. 21, 2011, 6:02 PM), http://www.scotusblog.com/2011/10/petition-of-the-day-196/