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Slopers in guilt trap as restaurants shortchange deliverymen

The Brooklyn Paper

First, Park Slope residents had to feel bad about eating non-organic food and having a high carbon footprint. Now, they even have to confront their liberal guilt when ordering in.

Last week, the state Labor Department claimed that 25 Slope restaurants underpaid their mostly immigrant workers as little as $2.75 per hour — a charge that has left Park Slope reeling, as customers struggle to reconcile their political sympathies with their appetites.

Much-loved stalwarts such as Aunt Suzie’s, Taqueria, Bogota, Sette, Coco Roco, Olive Vine, Uncle Moe’s and Bagel World were caught in the dragnet, which included fines and negotiated settlements that stemmed from more than $910,000 in allegedly underpaid wages.

“Wage theft happens not only in dimly lit factories or grim depressed neighborhoods,” state Labor Commissioner Patricia Smith said in a statement. “Even our very nicest neighborhoods sometimes have sweatshops on their main streets.”

The investigation — which comes in the wake of a sweep earlier in the year in Bushwick — came only as a result of casual conversations that Labor Department workers, who happen to live in Park Slope, had with their food deliverymen.

Eventually, 16 investigators descended on the neighborhood, interviewing workers and examining restaurants’ books.

Still, none of the workers who spoke with The Brooklyn Paper bore ill will toward their employers — in fact, they were grateful for the money.

“The boss looks for ways to help people, actually. Here we are fine,” one employee who wished to remain anonymous said in Spanish.

The workers weren’t upset, but in Park Slope, where buying a Fair Trade heirloom tomato that costs $2.50 is a badge of honor, many were shocked to find that they were benefitting from a system propped up on cheap labor.

“In this community, this happens?” said Sheri Saltzberg, a 35-year resident of the neighborhood. “It makes me question how those restaurants treat their staff.”

Others were disappointed that their favorite restaurants had been accused of such abuses.

“I was sad because those were places I had gone to,” said David Chorlian, a member of the Park Slope Food Co-Op. “One of them was Miriam’s and another was Aunt Suzie’s. I was stupidly surprised that this happened.”

Most of the fines were the result of excessive workweeks at salaries below the minimum wage. But roughly half of the underpaid wages were allegedly at two restaurants: Coco Roco and Olive Vine.

The eateries were cited for underpaying their workers a whopping $587,000. In one example, food deliverymen were paid a meager $210 for a 70-hour workweek. The two restaurants’ abuses were so excessive, in fact, that the Labor Department expanded its search to two other locations of both eateries, a spokesperson said.

Coco Roco owner Zach Sonshine said only that there was a “misunderstanding” with the Labor Department. Olive Vine Café did not return any calls.

Still, owners who did agree to talk bristled at the notion that they were abusing their workers.

Martin Medina, the owner of Rachel’s on Fifth Avenue and La Taqueria on Seventh Avenue, insisted that he treated his workers fairly and that they did not work excessive hours. Instead, he likened Labor Department inspectors to “meter maids” who bully small business owners and never leave without levying a fine.

“They say I’m not paying overtime or giving lunch breaks, it’s a total lie!” said a fuming Medina. “If I was treating my workers bad, why would they stay with me?”

Indeed, some restaurants ended up on the list for seemingly minor infractions.

Melissa Murphy, owner of Sweet Melissa Patisserie said that her bakery cafe underpaid its workers by just $382 over two years. She attributed the mistake to clerical error.

Minor or not, even tiny amounts of money are a big deal to immigrant workers.

“A lot of people with low skill levels don’t have a lot of job options,” said Terri Gerstein, a deputy commissioner with the Department of Labor. “They’ll stay in a bad situation for fear of complaining or retaliation from the government.”

Some Slope residents are talking boycott, but most owners seem more concerned with their profit margins than their tarnished reputations. Irene LoRe, the owner of Aunt Suzie’s, which allegedly underpaid its workers $10,196, even testified last week against a bill requiring paid sick days for workers (see story on this page).

LoRe slammed the Labor Deparmtent for “just grabbing headlines during the Christmas season.”

She added that she pays her workers fairly, but undocumented employees often lack supporting evidence.

“[Labor] nails us on paperwork, so we can’t prove that we pay our workers fairly,” she said.

In the end, it’s unlikely that any boycott will take hold, added renowned restaurateur Alan Harding, best known for the now-closed Patois and the still humming Pacifico. Despite all the righteous chatter, customers are just like the restaurant owners — always trying to save a buck, he said.

“There is this ‘Oh woe is the deliveryman’ idea, but God forbid the turkey burger goes up $2 to reflect the required worker’s insurance and fair wage,” Harding said.

And it’s not as though cheap, hard-working labor is just going to disappear. As such, Medina said he would fight the fines to the bitter end.

“The immigrants I love,” he said. “It’s the Americans I hate.”

— with Aaron Short

Updated 05:56 pm, November, 25 2009: Story was updated to include a comment from Irene LoRe.

Reader Feedback

Bob from Brooklyn Heights says:
I'm SHOCKED! Absolutely SHOCKED! to learn there's gambling here!

Come on Slopers, you knew what was up. Stop pretending you're holier than everyone else.

And beyond wages, maybe the restaurants should encourage (require?) their delivery people to WEAR LIGHT COLORED CLOTHING and have LIGHTS ON THEIR BICYCLES when they go racing through the Park Slope nights.
Nov. 24, 2009, 7:36 am
Jay from Brooklyn says:
Irene LoRe is anti-cyclist safety and now anti-worker safety too... Clearly it's time for the community to be anti-LoRe. Can't wait until Aunt Suzie's becomes another Chase!
Nov. 24, 2009, 10:05 am
Mike from Brooklyn says:
I think Slopers really are out of touch enough to not realize this goes on.
Nov. 24, 2009, 10:14 am
Mike from Brooklyn says:
“They say I’m not paying overtime or giving lunch breaks, it’s a total lie!” said a fuming Medina. “If I was treating my workers bad, why would they stay with me?”

Because they are afraid to lose their jobs, have no money at all and lose their homes?

Nah, that couldn't be it.
Nov. 24, 2009, 10:15 am
Publius from Bklyn Heights says:
It's nice to see now that the so-called Brooklyn Paper is another mouthpiece of Sir Rupert Murdoch, the "media property" becomes more and more like that great bastion of fine journalism, their Big Sister publication, The New York Post.

Expect more "liberal" bashing in the days, weeks and months to come.
Nov. 24, 2009, 10:55 am
Bob from Brooklyn Heights says:
What is Publius talking about? This article OOZES Park Slope liberal.

As for Irene, I don't know her politics -- but her opposition to the ill-conceived legislation that mandates so-called "sick" days does NOT by definition make her a reactionary.
Nov. 24, 2009, 11:44 am
Melissa from Park Slope says:
Is is better to have a low paying job or no job at all? Some people seem to think that with minimum wage laws, businesses will simply raise wages, but the truth is that many will look towards cutting staff and finding ways to replace them with machines, for example.
Nov. 24, 2009, 12:27 pm
Andrew from Bushwick says:
Wait, am I the *only* one to note that the delivery guys get tips from their customers? I mean, doesn't everyone give their delivery guy a tip? I'm always giving 20%, but even a 10% tip on a $50 order is $5.

If you're earning $2.75/hr from the restaurant plus conservatively $10/hr in tips, how can you say they are being exploited?

Maybe that's why the delivery guys said they are happy with their employment.

Again, why has no one mentioned this? I don't get it, it's pretty obvious to me.
Nov. 24, 2009, 3:04 pm
Bob from Brooklyn Heights says:
from dept of labor website:

Some industries make allowances for tips, thus they set a lower hourly rate. For example, food service workers may earn $4.65 per hour because their total compensation includes expected tips.
Nov. 24, 2009, 4:05 pm
x-Pizza Delivery from BKLYN says:
Aren't Delivery boys just waiters but on wheels? Shouldn't they be treated as such with the $5 an hour min plus tips? I dont get what all the fuss is about since slope rs gen tip on a percentage and try to be fair as possible. I use to work for a pizzeria in the area and got paid $5 n hour plus tips. I was making enough to get by as a second job. So what ever the labor dept is talking about they should step back and look at the real picture and fix some laws so these small business owners don't go bankrupt over and well known practice. Unless the issue is these delivery boys do stock work and other "inside" work for the business which i can presume to be true; so now they are fulfilling two positions with one person. S/he should get two salaries- one as a delivery driver and the other as a stock/ cashier/ cleaner /opener/closer and everything else they do...for free.
Nov. 25, 2009, 11:17 am
J from Brooklyn says:
I was at the Park Slope Food Coop earlier this week and witnessed one of your reporters parked beside the express line asking every person in line: "Do you know about the underpayment of restaurant delivery workers in Park Slope?" It seemed like such an odd question. Why was he so concerned about *whether* or not shoppers knew about it? Why not just ask what they thought about it, their opinions? And why the Park Slope Food Coop? It seemed like an obvious set-up.

My suspicions were confirmed by your article above: "...in Park Slope, where buying a Fair Trade heirloom tomato that costs $2.50 is a badge of honor, many were shocked to find that they were benefiting from a system propped up on cheap labor."

For the record, this "shock" was manufactured by your reporter: through the slant of his questions he was clearly fishing for it. Other more thoughtful comments I witnessed were not included in your story, apparently because they did not fit your story's underlying agenda: to bash "liberals" whose point of view you clearly oppose. One need look no further than your lead paragraph for evidence of your story's main thrust.

This story is so blatantly biased it's laughable. Why not just report on the real story: the underpayment of immigrant workers? Is it because that was already scooped by the larger papers? Regardless, that's no excuse for making highjacking a social issue and using it as a vehicle to bait and bash a group of people whose beliefs you clearly don't approve.

Why not interview all concerned parties about the pro's and con's of a boycott? Why not talk to a labor expert, maybe someone who mediates between management and workers? How does the failing economy factor into all this? What are examples of past boycotts by restaurant delivery people in other neighborhoods? What were their successes and failures? Answering these questions would have actually been helpful and newsworthy.
Nov. 25, 2009, 11:21 am
Ally from Park Slope says:
I never feel guilty, when they bring my takeaway in I always say "gracias" (for those of you who don't know that means thank you in their language) and I offer them some scraps of bread and water. For these people that is a big thing you know.
And anyway - aren't people in park slope already known for being tragically middle class, moved to new york from out of town, guilty feeling but still yuppie acting nerds ? We don't have to constantly assert this any more, everyone already knows who are!
Nov. 26, 2009, 3:38 am
jay from pslope says:
I sort of agree with some of these comments, Park Slope, and NYC in general is filled with people who are not opposed to illegal immigration but SCREAM if they have to pay that person the legal wage, its the same slopers who hire an illegal to be their nanny, pay her a crap wage and then claim "she is part of the family" to assuage their liberal guilt ridden mind.
On the other side are the right wing anti-immigrants, who vote for foreign policies which have devastated the countries where many of these immigrants come from, scream about thrwoing them all out and make things as horid as possible for illegal immigrants.
The funny thing about all of that is that this article did not mention if the workers were undocumented or not, it was the racist bigots posting here who assumed that the workers are not here legally.
And yes, you are a racist because you assume that the only workers who are mistreated in this city are those who are not here legally when nothing could be farther from the truth.
The fact is these kind of practices are exploitative and its the wrong thing to do, but New Yorkers don't care about whats right, they only care about getting theirs.
Both the owners of the places underpaying the workers and the racist posters on this board are scum bags. Cancer on both of your houses.
Nov. 26, 2009, 6:24 pm
Ally from Park Slope says:
@Jay, you have some points, but I believe that you are blending facts and creating a kind of decptive truth.
When you say: who vote for foreign policies which have devastated the countries where many of these immigrants come from, scream about thrwoing them all out and make things as horid as possible for illegal immigrants
I give you that the US has done (is doing) some pretty awful things abroad - however the majority of the immigrants that this areticle is about are from Mexico, and I don't think that the US is really messing around too much in Mexican affairs.
Furthermore it is the government's job to ensure that workers are not mistreated, not individual citizens. The government needs to make laws to protect people, and then it needs to enforce them. If restaurants/delivery services were afraid of being caught for whatever reason (fines or other punishments for beaking wage laws), then they just wouldn't do it. It's absurd to put the burden on individual people who don't write the laws, enforce the laws, or hire the employees.
Nov. 27, 2009, 3:41 am
George Earl from Brooklyn Heights says:
Underpaid? I wouldn't put it that way. If they are indeed illegial aliens, aren't they taking basic rights away from we American citizens? All too often these employees cannot be counted on to be honest, nor do their earned dollars to into purchases in the USA. Sending those bucks back to Mexico? Maybe that's one of the reasons the USA's economy isn't heading anyway but down. No, employers, let's make citizenship a "must" on those application blanks of yours--as well as honest proof of I.D. and a Social Security card.
Nov. 27, 2009, 9:11 am
dennis from park slope says:
The Taqueria/Rachels guy owns two restaurants, a vintage car, several motorcycles...and he complains about having to pay people a minimum wage??? Oh, the plight of the small business. You know, NY could really use the tax money from all these people being paid off of the books. I don't mean illegal immigrants, plenty of places pay front of house servers under the table, avoiding taxes...then they flip when anyone mentions the audacity of giving restaurant workers paid sick time. I'm not against illegal immigrants, those guys (mostly) work their @ss off. I just think that many NY restaurant owners have this sense of entitlement...why shouldn't they pay people on the books? taxes? Having worked at several park slope restaurants this is my opinion, thats all.
Nov. 27, 2009, 6:52 pm
Himi Jendrix from Da Slope says:
Why go to the PSFC to ask opinions on this? And in general, if you ask a loaded question, you will always get the answer "I'm shocked!" It's hacky journalism at it's best when that happens. Oh, and at the PSFC you are only interviewing people at the PSFC and not folks who necessarily patronize those places.

But will say this: I'm laughing at the outrage at this discovery! Wage theft is a massive problem and only getting worse since the country's move to a service economy. And please, shove your "Tips are compensation..." arguments up your arse. Anyone who works in food service can tell you that for every good tip, you sometimes get nothing. You simply cannot rely on people tipping.

Pay these folks a fair wage and shut up about your elaborate and delusional ideas of how the economy of food service works.

And all that said? It won't change much. There used to be sweatshops across 4th Avenue near Carroll Street up until a few years back. Did anyone complain about them or stand up for the workers rights? Nope.

Alan Harding has it right: People are outraged but raise the price of anything $1-$2 and people who can afford iPhones with $80 monthly contracts while like babies.
Nov. 28, 2009, 1:53 am
Hal from PS says:
George Earl from Brooklyn Heights says: "If they are indeed illegial aliens, aren't they taking basic rights away from we American citizens?"
Which "basic rights" -- right to free speech-religion-press-assembly? right to bear arms? right to grand jury/crim trial counsel/fair trial? no excessive bail, etc.? no unreasonable searches? rights vs. gender-racial-etc. discrimination?

I don't think you know what a "right" is.
Nov. 28, 2009, 9:16 pm
Roberta from Brooklyn Heights says:
Why is it liberal guilt, are conservatives not allowed to feel guilty as well?
In any case hiring illegal immigrants is wrong, and not paying someone an adequate wage for the job they are performing is wrong. Just stop doing it. No one forces anyone ro make bad decisions or do things that are clearly not right.
Dec. 1, 2009, 4:36 am
Fourth Estate from DUMBO says:
If these were illegals, the businesses would be in trouble with other agencies besides the labor department.
Dec. 1, 2009, 12:02 pm

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