Lauren Godles is a student at Harvard Law School.
Today, the Department of Labor announced today that the Senate cafeteria workers who were illegally denied wages will receive $1 million dollars in backpay from Restaurant Associates (RA) and its subcontractor, Personnel Plus. The money will be split among 674 employees, though DOL did not specify how much particular individuals will receive. Even a small backpay award or a slight wage increase could mean the difference to some of these workers between needing to work one job or two.
In an official investigation, DOL’s Wage and Hour Division (WHD) concluded that RA misclassified the cafeteria workers, in violation of the Service Contract Act. RA was also found to have violated the FLSA. According to the Associated Press, the WHD is considering whether RA should be banned from future government contracts. However, there has been no mention of whether RA’s current contract could be cancelled. Because there is no private right of action under the Service Contract Act, the workers can do nothing more than await DOL’s decision.
According to RA Senior Vice President of Creative Services, Sam Soccaur, the misclassifications occurred due to “administrative technicalities” involving the workers’ “evolving day-to-day work responsibilities.” However, this justification is inconsistent with the nature of the workers’ claims. The workers alleged that despite their work responsibilities not having changed, their titles (and corresponding wages) were downgraded under the new RA contract in December 2015. For example, Betrand Olotara, who had always worked as a “Cook” and always cooked the same foods, was reclassified as a “Food Service Worker”— a lower-paying job whose responsibilities do not include cooking at all, except for toast.
No matter what happens with future RA contracts, now the Senate Cafeteria workers have something to show for their organizing efforts and their low-wage work serving Washington’s elite. Read our previous updates on this topic here and here.
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October 31
DHS ends work permit renewal grace period; Starbucks strike authorization vote; captive-audience ban case appeal
October 30
Sweden’s Tesla strike enters its third year; Seattle rideshare drivers protest Waymo’s expansion in the city.
October 29
9th Circuit rejects challenge to NLRB's constitutional structure; preemption challenges to state labor peace statutes
October 28
Two federal unions oppose CBA cancellations, another federal union urges Democrats to end the government shut down, and Paramount plans for mass layoffs
October 27
GM and Rivian announce layoffs; Boeing workers reject contract offer.
October 26
California labor unions back Proposition 50; Harvard University officials challenge a union rally; and workers at Boeing prepare to vote on the company’s fifth contract proposal.