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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March 31
Trump signs executive order; Appeals court rules on NLRB firing; Farmworker activist detained by ICE.
March 28
In today’s news and commentary, Wyoming bans non-compete agreements, rideshare drivers demonstrate to recoup stolen wages, and Hollywood trade group names a new president. Starting July 1, employers will no longer be able to force Wyoming employees to sign non-compete agreements. A bill banning the practice passed the Wyoming legislature this past session, with legislators […]
March 27
Florida legislature proposes deregulation of child labor laws, Trump administration cuts international programs that target child labor and human trafficking, and California Federal judge reversed course and ruled that unions representing federal employees can sue the Trump administration over mass firings.
March 25
Illinois warehouse quota bill vetoed; Minnesota residents organize; circuit split on NLRB deference continues
March 23
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March 19
Colorado unions push to join Montana on just cause protection, Starbucks advocates for the Counterman standard