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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December 15
Advocating a private right of action for the NLRA, 11th Circuit criticizes McDonnell Douglas, Congress considers amending WARN Act.
December 12
OH vetoes bill weakening child labor protections; UT repeals public-sector bargaining ban; SCOTUS takes up case on post-arbitration award jurisdiction
December 11
House forces a vote on the “Protect America’s Workforce Act;” arguments on Trump’s executive order nullifying collective bargaining rights; and Penn State file a petition to form a union.
December 8
Private payrolls fall; NYC Council overrides mayoral veto on pay data; workers sue Starbucks.
December 7
Philadelphia transit workers indicate that a strike is imminent; a federal judge temporarily blocks State Department layoffs; and Virginia lawmakers consider legislation to repeal the state’s “right to work” law.
December 5
Netflix set to acquire Warner Bros., Gen Z men are the most pro-union generation in history, and lawmakers introduce the “No Robot Bosses Act.”