Along a similar line, a U.S. District Court judge for the Northern District of California has dismissed a lawsuit brought by One Fair Wage (an SEIU-sponsored advocacy group associated with the Restaurant Opportunities Center), ruling that the organization did not have standing to bring the complaint. The suit, filed against Darden Restaurants, alleged that the company’s use of the tip credit (counting tips toward an employee’s total wages) was a violation of anti-discrimination laws. They complained that because they had spent a lot of money fighting with the company over their use of the tip credit, they were entitled to penalties from Darden. The judge flat-out rejected that argument and noted that the One Fair Wage suit was promoting a political ideology and not seeking to address specific grievances. In an unrelated but ironic twist, ROC abandoned plans to open a Colors restaurant out in Oakland – a concept that uses a no-tipping model and instead pays employees a flat minimum wage. Aside from the Colors concept closing in those cities where it was tried, former employees have spoken out and filed suit against ROC management alleging extensive abuse and discrimination. That complaint is still pending in U.S. District Court for the Southern District of New York.