2010 Labor on the Bimah: Restaurant Worker Justice
Nationwide, the restaurant industry is one of the largest private sector employers. Even in the current economy, it is one of the fastest-and only-growing industries. Although this growth would not be possible without lower-level workers such as wait-staff and bartenders, many employees still do not receive the wages or sick leave they are legally entitled to, nor the vacation time and health insurance that they deserve.
Though many people enjoy the fantastic array of restaurant options in the DC area, these workers' struggles remain largely invisible to the average diner. For example, few know that the federal minimum wage for "tipped employees" like waiters is a mere $2.13 as opposed to the $7.25 for all other employees. Although in D.C. the minimum wage for these employees is $2.77, it still is not an acceptable living wage, especially since many employers withhold tips, or illegally credit them against wages. The best way to help employees receive their proper pay, is by tipping them in cash.
If a tip is left on a credit card, the employer may charge the wait-staff a "processing fee". This can vastly reduce the tip, and is unfair to the waiter. Another problem with tipping on credit cards is the delay in return to the waiter. Since credit card tips must be processed, it could take longer for waiters to actually receive their wages, and some might never get them at all. Though many rallies and other events have been held, such as The National Day of Action to Stop Wage Theft, employers, and the government, have not listened and employees are still receiving unacceptable wages.
In addition to poor wages, few restaurant workers receive sick leave that is necessary in the restaurant industry. Although in 2008, D.C. passed a bill requiring sick leave for employees, officials of the Restaurant Association of Metropolitan Washington, working together with other D.C. business groups and the Chamber of Commerce, persuaded council members to add amendments to help ease the impact of the bill on employers. One of these amendments exempts tipped wait-staff and bartenders from this requirement. Not only are the majority of restaurant workers uncovered by this bill, many who could take sick leave are unaware due to the lack of publicized regulations associated with this bill. Since the regulations are not yet publicized, employers are uninformed of their responsibilities, a result of which is that many employees are kept in the dark about the sick leave to which they are legally entitled. Not only does the lack of sick days hurt the employee who is ill, it also hurts the customers he is serving, in addition to his co-workers. 75 percent of Americans agree that paid sick days are a basic worker's right, a right that is still being denied to many workers across the country.
While restaurant workers are being denied sick days, they are also deprived of health insurance, making it even more difficult for them to stay healthy. Only 36 percent of non-unionized employees in the retail food industry receive health insurance provided by their employer. That means that 2/3 non-unionized restaurant workers either do not have health insurance, or they pay for it out of their already meager wages.
The issue of restaurant worker injustice is a huge concern today, one that is paired with a lack of consequence for improper or illegal actions. We are all a part of the problem. Many, if not most, of our community members are
frequent restaurant goers. By not discovering which restaurants have ethical practices, or by not tipping wait-staff in cash, we are helping to fund the problem. By partnering with the Restaurant Opportunities Center for this year's Labor On the Bimah, we hope to raise awareness about restaurant worker injustice and help promote ethical practices.
This campaign fits in perfectly with the view of the Jewish community, as many Jewish communal institutions are working on food, sustainability, and food justice issues right now. Examples include the Union for Reform Judaism's "Just Table, Green Table," the Conservative Movement's Hechsher Tzedek, the Orthodox Uri L'Tzedek's Tav HaYosher, and Hazon's "Jews, Food, and Contemporary Life,". Join JUFJ and the Jewish community in the fight against these injustices. Email Jessie Posilkin, Labor on the Bimah Coordinator, at Jessie@jufj.org, to find out how you can get involved.
You can also read personal stories from restaurant workers, provided by ROC-DC. Click here to read: Nikki's story , Woong's story , Jane's story , Mario's story , or Jessica's story .






