The Department of Labor this week confirmed persistent charges of labor abuses at the U.S. Senate dining room on Capitol Hill, ruling that workers there are owed more than a $1 million in back wages.
An investigation found that 674 workers are owed back wages of $1,008,302, and that the employers — food service contractor Restaurant Associates and labor subcontractor Personnel Plus — violated the Service Contract Act and the Fair Labor Standards Act.
“Workers in the restaurant industry are among the lowest paid workers in our economy. Most struggle to afford life’s basic expenses and pay their bills: they shouldn’t have to deal with paychecks that don’t accurately reflect the hard work and the wages to which they are legally entitled,” says David Weil, administrator of the Labor Department’s Wage and Hour Division.
The ruling is a victory for a union organizing campaign taking place among the cooks, waiters and other food service workers. They are seeking a minimum wage of $15 an hour and representation by the Service Employees International Union Local 32BJ.
In the campaign assisted by union advocacy group Good Jobs Nation, the workers have been charging Restaurant Associates with an array of labor abuses, including job misclassification, failure to pay legally required overtime rates and unfair efforts to block union organizing.
Labor law violations “are happening all the time right under the noses of the lawmakers,” says Good Jobs Nation spokesman Paco Fabian. “If it’s happening here, it’s likely happening at other sites,” where the federal government employs non-union contractors to do food service work and other essential tasks, Fabian says.
Restaurant Associates Senior Vice President Sam Souccar provided the following statement regarding the Labor Department decision:
“Restaurant Associates understands that our Associates are the heart of our business and we value and respect them. We conduct business in a professional, safe, ethical and responsible manner. Since January we have worked diligently with the Department of Labor in regard to our contract … We discovered as a result of the DOL’s review that some of our Associates were not properly classified in appropriate job categories under the Service Contract Act (SCA). The misclassifications were largely attributable to administrative technicalities related to our Associates’ evolving day-to-day work responsibilities, which in some cases crossed multiple job categories. Restaurant Associates has corrected the classifications and is working closely with the DOL to ensure payments are made as soon as possible to all impacted Associates. We are 100 percent committed to ensuring classifications are accurate going forward, and have implemented enhanced monitoring and training at the US Senate and in all accounts where the SCA applies.”
Dione Tellez, 57, a food service worker and cook at Senate dining facilities, tells In These Times that she has been classified as a food service worker even though she often labors as a grill cook, which is a better-paid position. A nine-year veteran on the job, she is earning $14.21 an hour, she says, and lives with her adult son because she cannot afford to rent an apartment in the pricey Washington, D.C., area.
Speaking in Spanish (translated by Fabian), Tellez says, “I want to be paid for the job that I do. It’s about respect. I am entitled to get what I have earned … I am sick and tired of being treated unfairly.”
Restaurant Associates is a subsidiary of U.K.-based multinational Compass Group, which claims to have about 500,000 employees in 50 separate countries. In Washington D.C., the company also has a contract to operate cafeterias and dining facilities at the Smithsonian Institutions, where workers are represented by the UNITE HERE Local 23.