by Server Not Servant in Civil and Human Rights, Workers' Rights
Posted on December 28, 2010 at 4:39 pm
Last Modified on January 6, 2011 at 10:38 pm
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That’s a pretty bold statement made by Phantom Gourmet on facebook.
A firestorm was ignited when a recent front page Boston Globe story reported that Upper Crust Pizza, a rapidly-growing local chain, hired and exploited illegal immigrant workers from Brazil.
The promise of a job at an Upper Crust shop, passed by word of mouth from one villager to the next, offered the possibility of wages unheard of in Marilac [Brazil], a community of 4,140 people in the mountains of southeastern Brazil.
Over the past decade, dozens of men from Marilac have made the 7,500-mile trek, risking arrest, deportation, and in rare cases, death. And Upper Crust, founded by Sharon [MA] native Jordan Tobins in 2001, welcomed them.
Tobins needed lots of kitchen help; the Brazilians worked hard and didn’t complain about workweeks that routinely stretched to 80 hours. Marilac prospered as Upper Crust’s immigrant employees sent thousands of dollars home, and the company swiftly expanded from its original store in Beacon Hill to one upscale suburb after another.
Over time, however, this amicable but unlawful relationship would unravel. Documents from a recent class action lawsuit show that as Tobins expanded his pizza empire, he began to exploit his immigrant workers. The employees took their complaints to the US Department of Labor, which ordered the chain to dole out hundreds of thousands of dollars in back pay. The department is now investigating wage violations at Upper Crust for a second time.
As always, comments in response to the Globe report, as well as on a related Boston Yelp Talk thread exploded with hundreds of missives ranging from the typical anonymous hate and vitriol to some very thoughtful and insightful observations.
In the midst of Sunday night’s blizzard, the debate continued on facebook after The Phantom Gourmet posted the following:
Let’s name restaurants that deliver. I’ll start: Upper Crust Pizza.
What really got my attention was a comment made by Phantom Gourmet during the exchange of comments within the thread following the post:
Phantom Gourmet: I’m sorry to tell everyone, but without illegal aliens, there is no restaurant business. Hurting this company, or any other company, is not what our state needs right now.
In case Phantom Gourmet takes the post and related comments down, I have provided the comments in the order that they appeared:
Jimmy Machin: Didn’t Upper Crust just get busted for exploiting their workers?
Debbie Delia Fowle: Why is Phantom Gourmet assisting in advertising Upper Crust when they are under investigation for employment issues? I would think you would want to keep your distance until the end results come out
Bob Ullman: Exploitation of employees? Give me a break! If people are willing to work for X dollars an hour with no benefits then it’s their fault, not the employer. They are in a business, not a charity! I will second the vote for Upper Crust Pizza.
Phantom Gourmet: Bob, good for you, they have hundreds of employees and do a lot for charity and generate millions in tax revenue, I would think we would all be rooting for businesses to expand and hire. Plus, the pizza is really tasty.
Patrick Maguire: Yes, Bob, exploitation of their employees. Stop drinking the Kool Aid and read the full story. I don’t know anyone who supports or patronizes Upper Crust any more, even if they like their over-priced pizza.
Vincent Errichetti: Upper Crust broke no laws. The Boston Globe is just mad they didn’t buy advertising in their bankrupt news paper. BTW how does a bankrupt newspaper afford to send a reporter to South America???????
Lynn Boston: Anybody who hires illegals is part of the problem!!! I’ll never call the Upper Crust. Too many good pizza places out there who don’t break the law.
Phantom Gourmet: I’m sorry to tell everyone, but without illegal aliens, there is no restaurant business. Hurting this company, or any company, is not really what our state needs right now.
Patrick Maguire: “Upper Crust broke no laws.” Then why did they pay a 350K in back pay as ordered by the US Dept. of Labor? They are also defending a complaint from a former operations manager (7-yr. employee), the District Attorney’s Office and several other agencies. Take your head out of the sand.
Matthew Conley: Phantom is waaaaay off on supporting these scumbags. Please do not support these guys in any way. The excuse that “everyone does it” is no justification. Love PG but they are in the wrong keeping company with these clowns.
Patrick Maguire: “I’m sorry to tell everyone, but without illegal aliens, there is no restaurant business.” My hunch is that there are a lot of restaurant operators who would take exception to that statement.
Phantom Gourmet: Patrick, feel free to ask around, and get back to me. Of course, not every restaurant, but every restaurant will KNOW a restaurant.
Patrick Maguire: Phantom Gourmet- I’m working on a blog post about this that will include input from restaurant workers and operators. Please send me a message to let me know who I should be contacting to get official statements from the Phantom Gourmet responding to your comments in this thread. Thank you.
MC Slim JB: It is true that many restaurant hire undocumented workers. The issue with The Upper Crust is not in hiring them, but exploiting them. Caught doing it once, and now accused of continuing that pattern. We know they’re your sponsors, Phantom, but let’s not pretend folks don’t know that story.
Adam Castiglioni: Dear Phantom Gourmet- When will you drop the Upper Crust as a sponsor of yours? I fear that your company may become part of the whole controversy surrounding them soon. There are so many other great pizza places that you could bring on as advertisers that may not exploit their workers.
Obviously there are a lot of loaded issues here. Everyone who is, or has previously been in the restaurant business, knows that ‘illegal’ immigrant workers have been part of the fabric of restaurants for a long, long time. The vast majority are great workers, great people and an integral part of many restaurant families.
Restaurateurs turned a blind eye to the issue, especially in urban areas and border states, for several decades because it’s a win-win for the restaurant and their employees.
However, with immigration a hot button topic today, many restaurateurs are starting to address the issue proactively. Some are taking steps to retain immigrant workers by offering English classes and sponsoring workers in pursuit of their permanent resident alien status (green cards). Additionally, owners and managers are more carefully vetting their employees, when previously they would accept documents that they knew were suspect at best.
These complex issues raise several questions for candid, thoughtful discussion for customers, restaurateurs, workers and even other American business owners:
1. How prevalent is the use of illegal or undocumented workers in the restaurant business in the United States today? How about other businesses?
2. Are there some restaurants or businesses that would fail without illegal or undocumented workers?
3. Are these workers taking jobs away from legal residents who want them? If not, should we remain quiet as long no one is being taken advantage of?
4. How prevalent is the exploitation of immigrant workers? Do you personally know of any workers who are being taken advantage of?
5. How thorough is your restaurant or business when it comes to verifying the legal status of prospective employees before hiring them? How well do companies follow up with required documentation after an employee is hired?
6. What are highly-ethical restaurants doing to address the issue of illegal workers? Are some restaurants screening, coaching, training and counseling employees to ensure compliance with immigration laws and citizenship requirements? Are any restaurants/businesses going above and beyond to retain valuable immigrant workers?
7. How true is the old adage that illegal immigrant workers are critical to the success of American restaurants or businesses because legal workers are not willing to do the same work for minimum wage, or the wages paid to the illegal workers?
8. At what point do you as a consumer, vendor or business partner sever your relationship with a restaurant or business because of ethical issues such as exploitation of workers? Do you have any specific examples?
I will not patronize Upper Crust Pizzeria because of the Department of Labor findings and the on-going investigations.
I invite everyone to join the conversation. Please keep your comments respectful and civil. As always, comments will be monitored before being approved. Thank you.
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I am a US-born American who quickly went on to college and graduate school after working in two restaurants as teenager.
At the first, I was a busgirl. I worked 15-hour days/nights without breaks or meals. Some of that time there was nothing to do, but we had to look busy. On the sly, we’d eat the food that was sent back to the kitchen: the unfinished baskets of rolls, what was left on the garnish trays. Once in while a diner would send back a meal and we’d share it.
I only worked at the second restaurant for one weekend, and they let me go without paying me. It turned out that they hired a new local girl every weekend, then fired her without paying her. My burly midwestern father showed up in the dining room and told someone they could produce his daughter’s wages or deal with him, and he came home with a check.
Both places “pooled tips,” and I never saw any. Restaurant wages are, or were, set well below the minimum wage because the help supposedly get tips.
Both of my parents had worked in restaurants in New York City in the 30′s and thought they’d made out rather well, and they were shocked by what was going on the ‘burbs.
Off at college and dating men who could afford restaurant meals, I was initially too uncomfortable around servers to really enjoy a meal out. But I hardened up. I still tip well, and so do my kids.
We have decent labor laws, and enforce them, or we don’t. That comes first. Then we insist that no one is exempt from these laws, regardless of their immigration status.
OK, at some risk, I’m gonna get biblical here:
Deuteronomy Chapter 4:15
There shall be all one law and judgment both for you and for them who are strangers in the land.
God said, YOU SHALL NOT VEX A STRANGER NOR OPPRESS HIM BECAUSE YOU WERE STRANGER IN THE LAND OF EGYPT. Exodus (22: 1) (23: 9) (23: 12)
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It is true that many restaurants hire undocumented workers. Not ALL of them.
MC Slim JB got it right when he said the issue was exploitation, not hiring undocumented immigrants in the first place.
If you are a restaurant owner, you are competing on price as much as anything; customers will not necessarily respect your decision to only hire legally if you have to charge more for your food as a result.
It is all too easy to exploit undocumented workers. I hope immigration reform happens one day to at least allow people from other countries to work here legally. Bush II suggested this very thing, to his credit.
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