In case the ongoing unionizing efforts in QSRs wasn’t enough, One Fair Wage, the union advocacy arm of the Restaurants Opportunities Center (ROC) United, has appealed a decision dismissing a lawsuit challenging the validity of the tipped minimum wage to the US Circuit Court of Appeals for the 9th District. In the One Fair Wage, Inc. v Darden Restaurants decision rendered last September, Judge Edward Chen of the US District Court for the Northern District of California based in San Francisco dismissed the challenge ruling that as One Fair Wage was not an employee of Darden Restaurants, it did not have standing to sue the company. The plaintiffs contend that the tipped minimum wage exposes employees to pervasive sexual harassment and race discrimination and further claims that Darden policies paying tipped workers the lowest hourly wage allowed translates into an incentive for managers to ignore sexual harassment and race-based disparities in tipping.