The U.S. Department of Labor has asked a federal appeals court to allow it to take part in oral arguments in a Fair Labor Standards Act collective action brought on behalf of current and former Applebee's International Inc. workers, in order to make the case that a lower court's interpretation of the the law's tip credit provision is correct.

The motion for a green light to participate in the oral arguments as amicus curiae was filed in the U.S. Court of Appeals for the Eighth Circuit on Friday on behalf of Secretary of Labor Hilda L. Solis. Counsel for Gerald A. Fast and the other plaintiffs-appellees have agreed to cede some of their allotted argument time to the secretary, according to the motion.

At issue in the appeal is whether the U.S. District Court for the Western District of Missouri correctly deferred the DOL's interpretation of a regulation on tipped employees, according to the motion. The secretary's unique knowledge and expertise means her participation in oral argument will assist the court, the motion said.  The suit, which was originally filed in 2006, accuses Applebee's of violating the FLSA by paying servers and bartenders less than minimum wage for their work. (click on link to read full story)