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Fermented Apples & Applebee’s

I am a product of “surfing distraction”. I started to do a blog on the restaurant, Applebee’s. Then, I got sidetracked by the moose that got stuck in a tree. The picture and story from Stockholm tries to explain it. Apparently, this moose go stuck in a tree because it was drunk….. from eating fermented apples.

I’m told that there is even a YouTube video of this. Maybe it was best that the moose was relaxed but that ‘s sure an odd thing to find in the yard. At least you can see how searching Applebee’s, would get me sidetracked by a fermented apple and moose story….. can’t you??? I gotta assume he’s out of the tree and has gone into apple rehab.

And now to the Applebee’s lawsuit.  There is currently a class action suit by Applebee’s employees, relating to a wage claim.

Under federal law, servers at restaurants can legally be paid $2.13 an hour, as long as they’re earning enough to make up the difference through tips. However, if the employees spend more than 20% of their time on “non-tipping” duties, then they must be paid at least minimum wage.

Over 5000 current and former employees of Applebee’s are claiming that they fit in that category and should be paid  for the back due wages. Initially, counsel for the restaurant claimed that the lawsuit should not be allowed to proceed because it should only be decided by mandatory arbitration.

Just to digress a moment. ( I promise it won’t be about fermented apples or whether a moose should replace an angel at the top of the Christmas tree.) The US Supreme Court, in their last session, did recognize mandatory arbitration clauses, which may make some lawsuits virtually not worth pursing, because a class has more power than one claim at a time. Kinda tips the scales to Big Business, doesn’t it.

Now, back to our regularly scheduled blog topic…. A Federal Appeals Court, in St Louis, allowed the lawsuit to go forward, which could include back wages and possible government fines. That happened on July 6, 2011. If it’s not appealed to the US Supreme Court;  or, they do not agree to hear it on appeal, then it will be sent back to the lower level District Court for a jury trial. One for the little guys!

Now, pic o’ day, even if it doesn’t match up to “moose in a tree” or toast on a stick. I call it “Cat in Christmas tree”.

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