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A10 Editorial T h e B o s t o n G l o b e W E D N E S D A Y, D E C E M B E R 2 4 , 2 0 1 4
Less than a year after the owners ofBukhara Indian bistro in JamaicaPlain were accused of stealing nearly $200,000 from their employees,
allegedly making them work weeks withoutpay, city officials approved the restaurant’supgrade to a coveted full liquor license.
Stealing wages from workers is rampantin the restaurant industry, according to federal investigations — and so is escaping anyreal consequences. One World Cuisine, thecompany that operates Bukhara as well asDiva in Somerville and Dosa Factory inCambridge, settled with its workers, andnow the restaurant in the heart of one ofBoston’s ostensibly most progressive neighborhoods is humming again.
Stealing from workers — by,for example, withholding tips,failing to pay overtime, or doctoring timecards — has devastating consequences for employees whose financial lives are disrupted; even if back wages areeventually paid, workers maymiss rent payments or struggleto feed their families in themeantime. Enforcement effortsby the attorney general’s officeand federal agencies, with theirlimited resources, clearly havefallen short.
But city officials have powerful leverage: They can make thetreatment of workers a much more centralpart of the permitting process for restaurants. Some municipalities in Greater Boston are moving in that direction. But thereal test will be whether they put real resources into policing an industry that hasproven adept at skirting other labor protections.
Inspired by the One World case, Somerville— with the backing of Mayor Joe Curtatone— passed an ordinance last year that allowsthe city to deny permits or revoke existingones for operators found to owe back pay.Boston Mayor Martin Walsh followed suitthis fall, issuing an executive order that saysvendors will have to certify compliance withstate and federal wage laws in order to receive city contracts and — most importantlyfor restaurants — instructs the licensingboard to take wage theft violations into consideration before issuing, renewing, or rescinding city licenses.
Walsh’s executive order, which goes intoeffect on Jan. 1, is one of the first in thecountry to require a socalled wage bond,meaning companies must also show theyhave adequate funds to pay workers fullyfor the duration of their city contract. Themayor’s staff worked closely with unionsand other worker advocates to craft the executive order, and soliciting that input likely strengthened it.
While the Somerville and Boston lawsboth apply to all types of businesses, theirreach could have an outsized impact on behalf of those who work in food service.While hardly the only sector guilty ofwage violations, restaurants areamong the worst offenders. TheUS Department of Labor recentlyreleased a survey of workforce datafrom New York and California thatfound minimumwage violations — which, across allindustries, amountedto more than $20 million estimated in lostincome in each stateper week — were mostcommon in restaurantsand hotels. A separatestudy previously suggested 43 percent ofrestaurant workersreport not beingpaid overtime thatthey were owedunder the law.
But the efforts
of Boston and Somerville will not help a single worker if the mandates aren’t funded orenforced.
In Somerville, as of November, no businesses had lost permits thanks to the wagetheft ordinance, which passed in the summer of 2013. Officials there seem to have nomeans to root out violators — they note thatthe attorney general’s office is in the processof creating a database of citations. Nolaunch date is set.
Boston also has no mechanisms set upyet to enforce its law, such as surprise inspections at job sites, financial audits, or periodic payroll reviews. There has been nofunding so far earmarked for compliance
work, no additional hires announced, and, pressed for detailson how enforcement will bedone, city officials say that whilethe mayor is committed to battling wage theft, no final decisions have been made for evenwhat part of City Hall will oversee the effort.
Other labor rules in Bostonshow that very little will improveuntil the city starts paying attention. The city law that requires50 percent of total work hours beperformed by Boston residents,25 percent minorities, and 10percent women on publiclyfunded construction projects
and large private projects went largely unheeded under the Menino administrationuntil about four years ago, when city councilors Ayanna Pressley and Mike Ross beganto press the issue.
Data about building sites across Bostonis now available online and regularly updated. And since 2009, minority participationis up nearly 20 percent, and the portion forwomen has nearly doubled, according toSusan Moir, director of the Labor ResourceCenter at UMass Boston. “Transparencymeans developers can’t make excuses. Theircompetitors are meeting the goals. Why aren’t they?” Moir said. “But it takes politicalwill first.”
The upside for workers, if these latestwage laws are enforced, is tangible: In onecase alone this year, a federal judge determined that Ward’s Cleaning Service, Inc.,which serves some 85 restaurants and hotels in the greater Boston area, owed morethan $1 million in back pay and damages to149 lowwage employees working as dishwashers, janitors, and housekeepers. Investigators discovered that the company’s management avoided overtime payments by directing workers to falsify timecards or usemultiple timecards with different names.Ward’s also allegedly paid employees withchecks made out to fake names or in cash toavoid labor laws. (The firm noted this weekthat the violations cited were identified andhalted in early 2012, saying three quarterlyindependent audits since the judgment lastspring have found the company is in fullcompliance with wage laws.)
Even more troubling:This was not the Peabody
based firm’s first offense. Itwas cited for similar violationsin 1993. Technically, underboth Boston and Somerville’swage theft laws, that could
have disqualified it for permitsor city contracts. If its president,
David Ward, had believed that stiffing workers could have significant fi
nancial consequences for his business,would the company have been so cavalier to flout the rules again and again?
Walsh and Curtatone shouldmake sure their laws are
strong, funded, and enforced, to guarantee
the answer is no. Atthe very least res
taurant workersare owed that.
City halls must join battleagainst restaurant wage theft
PATRIC SANDRI FOR THE BOSTON GLOBE
SERVICE NOTINCLUDEDThis is the latest installment of a Globeeditorial series onworkers in the foodservice industry. Previous articles, availableat bostonglobe.com/opinion, explore human trafficking, tipping, fast food wages,and unions.
Next: Changingdiners’ habits
abcdeF o u n d e d 1 8 7 2
JOHN W. HENRY Publisher
MIKE SHEEHAN Chief Executive Officer
BRIAN McGRORY Editor ELLEN CLEGG Editor, Editorial Page, interim
CHRISTINE S. CHINLUND Managing Editor/News
Letters should be writtenexclusively to the Globe andinclude name, address, anddaytime telephone number.They should be 200 words orfewer. All are subject toediting. Letters to the Editor,The Boston Globe, P.O. Box55819, Boston, MA 022055819; [email protected]; fax:6179292098
Letters to the Editor
JACK OHMAN
I WAS taken aback by the untoward castigation of RudyGiuliani in the Globe editorialabout reaction to the murdersof two police officers in NewYork (“ ‘America’s mayor’ fansthe flames,” Dec. 23).
Mayor Giuliani was righton point when he said thatthese murders were a directresult of the policies of NewYork Mayor Bill de Blasio, Attorney General Eric Holder,and President Obama.
While Ismaaiyl Brinsleywas, without a doubt, unbalanced and should have been
put away for life after at least19 arrests, he was, by his ownadmission, pushed over thetop by the rhetoric of antipolice demonstrators. The NewYork demonstrations shouldhave been permitted, but deBlasio should have kept theprotests in one area in the cityinstead of allowing roamingcrowds to block traffic and assault police. If Mayor Giulianihad been in charge, the situation would have been muchdifferent.
CLEMENT E. WALSHBourne
Unfair criticism of Giuliani
Editorial
IT WOULD be a great loss forBoston if the Northern AvenueBridge were torn down. (“Citycloses Northern AvenueBridge,” Metro, Dec. 19). Itneed not be rebuilt to carry auto and truck traffic, but surelykeeping it safe for pedestriansand bicycles is a reasonable request.
The bridge is a picturesqueand useful link between downtown and the Seaport District,and when planted with flowers it is a lovely addition to thelook of the city. I say, save thebridge and put more flowerson it!
SOLON BEINFELDCambridge
Don’t destroy Northern Avenue Bridge
IN “FIVE GOP immigrationmyths” (Opinion, Dec. 15),Boston University law professor Laila Hlass addresses important issues, but from a partisan standpoint. Comprehensive immigration reform canonly be accomplished throughbipartisanship, not throughseeing which side can scorethe most points.
Hlass offers no solutionother than that Republicanmembers of Congress are thebad guys and must submit tothe views that she and othersespouse. This is not a helpfulposition when our polarizedpoliticians advocate bipartisanship but practice the opposite.
JERRY HARTKELancaster
Immigrationreform needsbipartisanship
AS A firstgeneration FilipinoAmerican, I share the disappointment of the Bides familywith the limited nature ofPresident Obama’s reprievefrom deportation, which applies to millions of illegal immigrants. (“For legal immigrants, a long path to America,” Page A1, Dec. 13).
Obama’s action does notspeed up the process for relatives of legal immigrants, unless they are a spouse or children of the person here legally.
My father, a successful physician in the Philippines, andmy mother, a nurse, arrived inthe United States in 1971 withtwo small children in tow. Wewere escaping from PresidentFerdinand Marcos’s martiallaw dictatorship.
My parents patiently waited years to enter this countrylegally. They assimilatedthemselves into their adoptedcountry’s ways and succeededin practicing medicine in theUnited States. My father alsoserved in the US Navy as amedical officer. We all becameUS citizens. My parents petitioned the government to allow their parents, brothers,and sisters to enter the UnitedStates legally. They waitedyears. Several relatives diedbefore they could leave thePhilippines.
President Obama’s policieson immigration are transparent in their political motivesand grossly unfair to thosewho patiently muddlethrough the bureaucracy andpaperwork to become legal
immigrants.JOYCELYN A. DATU, MD
Boston
Kin of legalimmigrantsneed help
ON DEC. 17, my husband and I left Boston for Spain, wherewe also are residents.
In a small suitcase, I had packed a flat of vinca plants in awhite styrofoam box sealed with blue tape. The box was insidea suitcase. Also in the suitcase was a plastic bag containing theroot stock of six peony plants and their vegetable covering. Itis legal to export plants from the UnitedStates to Spain.
I expected an officer from theTransportation Security Administration at Logan Airport to open thesuitcase, and that’s what happened.All was left in place. The officer added a TSA notice and retaped thepackage. Then came a surprise.
The officer had left in the outsidepocket of my suitcase a cardboardpacket of Snipit flower cutters, anda note. I am not mentioning hername to avoid trouble with TSA superiors, but I want to say to her,“Thank you and Merry Christmas.”
FELICIA HALLLa Herradura, Spain
A pleasant surprise from TSA officer
DEVAL PATRICK’SHYDROPOWER LEGACY
LANE TURNER/GLOBE STAFF
Pedestrians cross the Northern Avenue bridge in 2013.
ISTOCKPHOTO
Vinca minor isalso known asperiwinkle.
Less than a year after the owners of Bukhara Indian bistro in Jamaica Plain were accused of stealing near-ly $200,000 from their employees,
allegedly making them work weeks without pay, city officials approved the restaurant’s upgrade to a coveted full liquor license.
Stealing wages from workers is ram-pant in the restaurant industry, according to federal investigations — and so is escaping any real consequences. One World Cuisine, the company that operates Bukhara as well as Diva in Somerville and Dosa Factory in Cambridge, settled with its workers, and now the restaurant in the heart of one of Boston’s ostensibly most progressive neighborhoods is humming again.
Stealing from workers — by, for exam-ple, withholding tips, failing to pay overtime, or doctoring timecards — has devastating consequences for employees whose financial lives are disrupted; even if back wages are eventually paid, workers may miss rent pay-ments or struggle to feed their families in the meantime. Enforcement efforts by the attorney general’s office and federal agencies, with their limited re-sources, clearly have fallen short.
But city officials have powerful leverage: They can make the treatment of work-ers a much more central part of the permitting process for restaurants. Some munici-palities in Greater Boston are moving in that direc-tion. But the real test will be whether they put real resources into policing an industry that has prov-en adept at skirting other labor protections.
Inspired by the One World case, Somerville — with the backing of Mayor Joe Curtatone — passed an ordinance last year that allows the city to deny permits or revoke existing ones for operators found to owe back pay. Boston Mayor Martin Walsh followed suit this fall, issuing an executive order that says vendors will have to certify compliance with state and federal wage laws in order to re-ceive city contracts and — most importantly for restaurants — instructs the licensing board to take wage theft violations into consideration before issuing, renewing, or rescinding city licenses.
Walsh’s executive order, which goes into effect on Jan. 1, is one of the first in the country to require a so-called wage bond, meaning companies must also show they have adequate funds to pay workers fully for the duration of their city contract. The mayor’s staff worked closely with unions and other worker advocates to craft the execu-tive order, and soliciting that input likely
strengthened it.While the Somerville and
Boston laws both apply to all types of businesses, their reach could have an outsized impact on be-
half of those who work in food service. While hardly the only sector
guilty of wage violations, restaurants are among the worst offenders. The US
Department of Labor recently released a survey of workforce data from New
York and California that found minimum-wage violations —
which, across all industries, amounted to more than $20 million estimated in
lost income in each state per week — were most common in restaurants and hotels. A
A10 Editorial T h e B o s t o n G l o b e W E D N E S D A Y, D E C E M B E R 2 4 , 2 0 1 4
Less than a year after the owners ofBukhara Indian bistro in JamaicaPlain were accused of stealing nearly $200,000 from their employees,
allegedly making them work weeks withoutpay, city officials approved the restaurant’supgrade to a coveted full liquor license.
Stealing wages from workers is rampantin the restaurant industry, according to federal investigations — and so is escaping anyreal consequences. One World Cuisine, thecompany that operates Bukhara as well asDiva in Somerville and Dosa Factory inCambridge, settled with its workers, andnow the restaurant in the heart of one ofBoston’s ostensibly most progressive neighborhoods is humming again.
Stealing from workers — by,for example, withholding tips,failing to pay overtime, or doctoring timecards — has devastating consequences for employees whose financial lives are disrupted; even if back wages areeventually paid, workers maymiss rent payments or struggleto feed their families in themeantime. Enforcement effortsby the attorney general’s officeand federal agencies, with theirlimited resources, clearly havefallen short.
But city officials have powerful leverage: They can make thetreatment of workers a much more centralpart of the permitting process for restaurants. Some municipalities in Greater Boston are moving in that direction. But thereal test will be whether they put real resources into policing an industry that hasproven adept at skirting other labor protections.
Inspired by the One World case, Somerville— with the backing of Mayor Joe Curtatone— passed an ordinance last year that allowsthe city to deny permits or revoke existingones for operators found to owe back pay.Boston Mayor Martin Walsh followed suitthis fall, issuing an executive order that saysvendors will have to certify compliance withstate and federal wage laws in order to receive city contracts and — most importantlyfor restaurants — instructs the licensingboard to take wage theft violations into consideration before issuing, renewing, or rescinding city licenses.
Walsh’s executive order, which goes intoeffect on Jan. 1, is one of the first in thecountry to require a socalled wage bond,meaning companies must also show theyhave adequate funds to pay workers fullyfor the duration of their city contract. Themayor’s staff worked closely with unionsand other worker advocates to craft the executive order, and soliciting that input likely strengthened it.
While the Somerville and Boston lawsboth apply to all types of businesses, theirreach could have an outsized impact on behalf of those who work in food service.While hardly the only sector guilty ofwage violations, restaurants areamong the worst offenders. TheUS Department of Labor recentlyreleased a survey of workforce datafrom New York and California thatfound minimumwage violations — which, across allindustries, amountedto more than $20 million estimated in lostincome in each stateper week — were mostcommon in restaurantsand hotels. A separatestudy previously suggested 43 percent ofrestaurant workersreport not beingpaid overtime thatthey were owedunder the law.
But the efforts
of Boston and Somerville will not help a single worker if the mandates aren’t funded orenforced.
In Somerville, as of November, no businesses had lost permits thanks to the wagetheft ordinance, which passed in the summer of 2013. Officials there seem to have nomeans to root out violators — they note thatthe attorney general’s office is in the processof creating a database of citations. Nolaunch date is set.
Boston also has no mechanisms set upyet to enforce its law, such as surprise inspections at job sites, financial audits, or periodic payroll reviews. There has been nofunding so far earmarked for compliance
work, no additional hires announced, and, pressed for detailson how enforcement will bedone, city officials say that whilethe mayor is committed to battling wage theft, no final decisions have been made for evenwhat part of City Hall will oversee the effort.
Other labor rules in Bostonshow that very little will improveuntil the city starts paying attention. The city law that requires50 percent of total work hours beperformed by Boston residents,25 percent minorities, and 10percent women on publiclyfunded construction projects
and large private projects went largely unheeded under the Menino administrationuntil about four years ago, when city councilors Ayanna Pressley and Mike Ross beganto press the issue.
Data about building sites across Bostonis now available online and regularly updated. And since 2009, minority participationis up nearly 20 percent, and the portion forwomen has nearly doubled, according toSusan Moir, director of the Labor ResourceCenter at UMass Boston. “Transparencymeans developers can’t make excuses. Theircompetitors are meeting the goals. Why aren’t they?” Moir said. “But it takes politicalwill first.”
The upside for workers, if these latestwage laws are enforced, is tangible: In onecase alone this year, a federal judge determined that Ward’s Cleaning Service, Inc.,which serves some 85 restaurants and hotels in the greater Boston area, owed morethan $1 million in back pay and damages to149 lowwage employees working as dishwashers, janitors, and housekeepers. Investigators discovered that the company’s management avoided overtime payments by directing workers to falsify timecards or usemultiple timecards with different names.Ward’s also allegedly paid employees withchecks made out to fake names or in cash toavoid labor laws. (The firm noted this weekthat the violations cited were identified andhalted in early 2012, saying three quarterlyindependent audits since the judgment lastspring have found the company is in fullcompliance with wage laws.)
Even more troubling:This was not the Peabody
based firm’s first offense. Itwas cited for similar violationsin 1993. Technically, underboth Boston and Somerville’swage theft laws, that could
have disqualified it for permitsor city contracts. If its president,
David Ward, had believed that stiffing workers could have significant fi
nancial consequences for his business,would the company have been so cavalier to flout the rules again and again?
Walsh and Curtatone shouldmake sure their laws are
strong, funded, and enforced, to guarantee
the answer is no. Atthe very least res
taurant workersare owed that.
City halls must join battleagainst restaurant wage theft
PATRIC SANDRI FOR THE BOSTON GLOBE
SERVICE NOTINCLUDEDThis is the latest installment of a Globeeditorial series onworkers in the foodservice industry. Previous articles, availableat bostonglobe.com/opinion, explore human trafficking, tipping, fast food wages,and unions.
Next: Changingdiners’ habits
abcdeF o u n d e d 1 8 7 2
JOHN W. HENRY Publisher
MIKE SHEEHAN Chief Executive Officer
BRIAN McGRORY Editor ELLEN CLEGG Editor, Editorial Page, interim
CHRISTINE S. CHINLUND Managing Editor/News
Letters should be writtenexclusively to the Globe andinclude name, address, anddaytime telephone number.They should be 200 words orfewer. All are subject toediting. Letters to the Editor,The Boston Globe, P.O. Box55819, Boston, MA 022055819; [email protected]; fax:6179292098
Letters to the Editor
JACK OHMAN
I WAS taken aback by the untoward castigation of RudyGiuliani in the Globe editorialabout reaction to the murdersof two police officers in NewYork (“ ‘America’s mayor’ fansthe flames,” Dec. 23).
Mayor Giuliani was righton point when he said thatthese murders were a directresult of the policies of NewYork Mayor Bill de Blasio, Attorney General Eric Holder,and President Obama.
While Ismaaiyl Brinsleywas, without a doubt, unbalanced and should have been
put away for life after at least19 arrests, he was, by his ownadmission, pushed over thetop by the rhetoric of antipolice demonstrators. The NewYork demonstrations shouldhave been permitted, but deBlasio should have kept theprotests in one area in the cityinstead of allowing roamingcrowds to block traffic and assault police. If Mayor Giulianihad been in charge, the situation would have been muchdifferent.
CLEMENT E. WALSHBourne
Unfair criticism of Giuliani
Editorial
IT WOULD be a great loss forBoston if the Northern AvenueBridge were torn down. (“Citycloses Northern AvenueBridge,” Metro, Dec. 19). Itneed not be rebuilt to carry auto and truck traffic, but surelykeeping it safe for pedestriansand bicycles is a reasonable request.
The bridge is a picturesqueand useful link between downtown and the Seaport District,and when planted with flowers it is a lovely addition to thelook of the city. I say, save thebridge and put more flowerson it!
SOLON BEINFELDCambridge
Don’t destroy Northern Avenue Bridge
IN “FIVE GOP immigrationmyths” (Opinion, Dec. 15),Boston University law professor Laila Hlass addresses important issues, but from a partisan standpoint. Comprehensive immigration reform canonly be accomplished throughbipartisanship, not throughseeing which side can scorethe most points.
Hlass offers no solutionother than that Republicanmembers of Congress are thebad guys and must submit tothe views that she and othersespouse. This is not a helpfulposition when our polarizedpoliticians advocate bipartisanship but practice the opposite.
JERRY HARTKELancaster
Immigrationreform needsbipartisanship
AS A firstgeneration FilipinoAmerican, I share the disappointment of the Bides familywith the limited nature ofPresident Obama’s reprievefrom deportation, which applies to millions of illegal immigrants. (“For legal immigrants, a long path to America,” Page A1, Dec. 13).
Obama’s action does notspeed up the process for relatives of legal immigrants, unless they are a spouse or children of the person here legally.
My father, a successful physician in the Philippines, andmy mother, a nurse, arrived inthe United States in 1971 withtwo small children in tow. Wewere escaping from PresidentFerdinand Marcos’s martiallaw dictatorship.
My parents patiently waited years to enter this countrylegally. They assimilatedthemselves into their adoptedcountry’s ways and succeededin practicing medicine in theUnited States. My father alsoserved in the US Navy as amedical officer. We all becameUS citizens. My parents petitioned the government to allow their parents, brothers,and sisters to enter the UnitedStates legally. They waitedyears. Several relatives diedbefore they could leave thePhilippines.
President Obama’s policieson immigration are transparent in their political motivesand grossly unfair to thosewho patiently muddlethrough the bureaucracy andpaperwork to become legal
immigrants.JOYCELYN A. DATU, MD
Boston
Kin of legalimmigrantsneed help
ON DEC. 17, my husband and I left Boston for Spain, wherewe also are residents.
In a small suitcase, I had packed a flat of vinca plants in awhite styrofoam box sealed with blue tape. The box was insidea suitcase. Also in the suitcase was a plastic bag containing theroot stock of six peony plants and their vegetable covering. Itis legal to export plants from the UnitedStates to Spain.
I expected an officer from theTransportation Security Administration at Logan Airport to open thesuitcase, and that’s what happened.All was left in place. The officer added a TSA notice and retaped thepackage. Then came a surprise.
The officer had left in the outsidepocket of my suitcase a cardboardpacket of Snipit flower cutters, anda note. I am not mentioning hername to avoid trouble with TSA superiors, but I want to say to her,“Thank you and Merry Christmas.”
FELICIA HALLLa Herradura, Spain
A pleasant surprise from TSA officer
DEVAL PATRICK’SHYDROPOWER LEGACY
LANE TURNER/GLOBE STAFF
Pedestrians cross the Northern Avenue bridge in 2013.
ISTOCKPHOTO
Vinca minor isalso known asperiwinkle.
PATrICk SANDrI FOr ThE BOSTON GLOBE
City halls must join battle against restaurant wage theft
![Page 2: 07 Kingsbury 2015](https://reader035.vdocument.in/reader035/viewer/2022081822/5695d30d1a28ab9b029ca946/html5/thumbnails/2.jpg)
A10 Editorial T h e B o s t o n G l o b e W E D N E S D A Y, D E C E M B E R 2 4 , 2 0 1 4
Less than a year after the owners ofBukhara Indian bistro in JamaicaPlain were accused of stealing nearly $200,000 from their employees,
allegedly making them work weeks withoutpay, city officials approved the restaurant’supgrade to a coveted full liquor license.
Stealing wages from workers is rampantin the restaurant industry, according to federal investigations — and so is escaping anyreal consequences. One World Cuisine, thecompany that operates Bukhara as well asDiva in Somerville and Dosa Factory inCambridge, settled with its workers, andnow the restaurant in the heart of one ofBoston’s ostensibly most progressive neighborhoods is humming again.
Stealing from workers — by,for example, withholding tips,failing to pay overtime, or doctoring timecards — has devastating consequences for employees whose financial lives are disrupted; even if back wages areeventually paid, workers maymiss rent payments or struggleto feed their families in themeantime. Enforcement effortsby the attorney general’s officeand federal agencies, with theirlimited resources, clearly havefallen short.
But city officials have powerful leverage: They can make thetreatment of workers a much more centralpart of the permitting process for restaurants. Some municipalities in Greater Boston are moving in that direction. But thereal test will be whether they put real resources into policing an industry that hasproven adept at skirting other labor protections.
Inspired by the One World case, Somerville— with the backing of Mayor Joe Curtatone— passed an ordinance last year that allowsthe city to deny permits or revoke existingones for operators found to owe back pay.Boston Mayor Martin Walsh followed suitthis fall, issuing an executive order that saysvendors will have to certify compliance withstate and federal wage laws in order to receive city contracts and — most importantlyfor restaurants — instructs the licensingboard to take wage theft violations into consideration before issuing, renewing, or rescinding city licenses.
Walsh’s executive order, which goes intoeffect on Jan. 1, is one of the first in thecountry to require a socalled wage bond,meaning companies must also show theyhave adequate funds to pay workers fullyfor the duration of their city contract. Themayor’s staff worked closely with unionsand other worker advocates to craft the executive order, and soliciting that input likely strengthened it.
While the Somerville and Boston lawsboth apply to all types of businesses, theirreach could have an outsized impact on behalf of those who work in food service.While hardly the only sector guilty ofwage violations, restaurants areamong the worst offenders. TheUS Department of Labor recentlyreleased a survey of workforce datafrom New York and California thatfound minimumwage violations — which, across allindustries, amountedto more than $20 million estimated in lostincome in each stateper week — were mostcommon in restaurantsand hotels. A separatestudy previously suggested 43 percent ofrestaurant workersreport not beingpaid overtime thatthey were owedunder the law.
But the efforts
of Boston and Somerville will not help a single worker if the mandates aren’t funded orenforced.
In Somerville, as of November, no businesses had lost permits thanks to the wagetheft ordinance, which passed in the summer of 2013. Officials there seem to have nomeans to root out violators — they note thatthe attorney general’s office is in the processof creating a database of citations. Nolaunch date is set.
Boston also has no mechanisms set upyet to enforce its law, such as surprise inspections at job sites, financial audits, or periodic payroll reviews. There has been nofunding so far earmarked for compliance
work, no additional hires announced, and, pressed for detailson how enforcement will bedone, city officials say that whilethe mayor is committed to battling wage theft, no final decisions have been made for evenwhat part of City Hall will oversee the effort.
Other labor rules in Bostonshow that very little will improveuntil the city starts paying attention. The city law that requires50 percent of total work hours beperformed by Boston residents,25 percent minorities, and 10percent women on publiclyfunded construction projects
and large private projects went largely unheeded under the Menino administrationuntil about four years ago, when city councilors Ayanna Pressley and Mike Ross beganto press the issue.
Data about building sites across Bostonis now available online and regularly updated. And since 2009, minority participationis up nearly 20 percent, and the portion forwomen has nearly doubled, according toSusan Moir, director of the Labor ResourceCenter at UMass Boston. “Transparencymeans developers can’t make excuses. Theircompetitors are meeting the goals. Why aren’t they?” Moir said. “But it takes politicalwill first.”
The upside for workers, if these latestwage laws are enforced, is tangible: In onecase alone this year, a federal judge determined that Ward’s Cleaning Service, Inc.,which serves some 85 restaurants and hotels in the greater Boston area, owed morethan $1 million in back pay and damages to149 lowwage employees working as dishwashers, janitors, and housekeepers. Investigators discovered that the company’s management avoided overtime payments by directing workers to falsify timecards or usemultiple timecards with different names.Ward’s also allegedly paid employees withchecks made out to fake names or in cash toavoid labor laws. (The firm noted this weekthat the violations cited were identified andhalted in early 2012, saying three quarterlyindependent audits since the judgment lastspring have found the company is in fullcompliance with wage laws.)
Even more troubling:This was not the Peabody
based firm’s first offense. Itwas cited for similar violationsin 1993. Technically, underboth Boston and Somerville’swage theft laws, that could
have disqualified it for permitsor city contracts. If its president,
David Ward, had believed that stiffing workers could have significant fi
nancial consequences for his business,would the company have been so cavalier to flout the rules again and again?
Walsh and Curtatone shouldmake sure their laws are
strong, funded, and enforced, to guarantee
the answer is no. Atthe very least res
taurant workersare owed that.
City halls must join battleagainst restaurant wage theft
PATRIC SANDRI FOR THE BOSTON GLOBE
SERVICE NOTINCLUDEDThis is the latest installment of a Globeeditorial series onworkers in the foodservice industry. Previous articles, availableat bostonglobe.com/opinion, explore human trafficking, tipping, fast food wages,and unions.
Next: Changingdiners’ habits
abcdeF o u n d e d 1 8 7 2
JOHN W. HENRY Publisher
MIKE SHEEHAN Chief Executive Officer
BRIAN McGRORY Editor ELLEN CLEGG Editor, Editorial Page, interim
CHRISTINE S. CHINLUND Managing Editor/News
Letters should be writtenexclusively to the Globe andinclude name, address, anddaytime telephone number.They should be 200 words orfewer. All are subject toediting. Letters to the Editor,The Boston Globe, P.O. Box55819, Boston, MA 022055819; [email protected]; fax:6179292098
Letters to the Editor
JACK OHMAN
I WAS taken aback by the untoward castigation of RudyGiuliani in the Globe editorialabout reaction to the murdersof two police officers in NewYork (“ ‘America’s mayor’ fansthe flames,” Dec. 23).
Mayor Giuliani was righton point when he said thatthese murders were a directresult of the policies of NewYork Mayor Bill de Blasio, Attorney General Eric Holder,and President Obama.
While Ismaaiyl Brinsleywas, without a doubt, unbalanced and should have been
put away for life after at least19 arrests, he was, by his ownadmission, pushed over thetop by the rhetoric of antipolice demonstrators. The NewYork demonstrations shouldhave been permitted, but deBlasio should have kept theprotests in one area in the cityinstead of allowing roamingcrowds to block traffic and assault police. If Mayor Giulianihad been in charge, the situation would have been muchdifferent.
CLEMENT E. WALSHBourne
Unfair criticism of Giuliani
Editorial
IT WOULD be a great loss forBoston if the Northern AvenueBridge were torn down. (“Citycloses Northern AvenueBridge,” Metro, Dec. 19). Itneed not be rebuilt to carry auto and truck traffic, but surelykeeping it safe for pedestriansand bicycles is a reasonable request.
The bridge is a picturesqueand useful link between downtown and the Seaport District,and when planted with flowers it is a lovely addition to thelook of the city. I say, save thebridge and put more flowerson it!
SOLON BEINFELDCambridge
Don’t destroy Northern Avenue Bridge
IN “FIVE GOP immigrationmyths” (Opinion, Dec. 15),Boston University law professor Laila Hlass addresses important issues, but from a partisan standpoint. Comprehensive immigration reform canonly be accomplished throughbipartisanship, not throughseeing which side can scorethe most points.
Hlass offers no solutionother than that Republicanmembers of Congress are thebad guys and must submit tothe views that she and othersespouse. This is not a helpfulposition when our polarizedpoliticians advocate bipartisanship but practice the opposite.
JERRY HARTKELancaster
Immigrationreform needsbipartisanship
AS A firstgeneration FilipinoAmerican, I share the disappointment of the Bides familywith the limited nature ofPresident Obama’s reprievefrom deportation, which applies to millions of illegal immigrants. (“For legal immigrants, a long path to America,” Page A1, Dec. 13).
Obama’s action does notspeed up the process for relatives of legal immigrants, unless they are a spouse or children of the person here legally.
My father, a successful physician in the Philippines, andmy mother, a nurse, arrived inthe United States in 1971 withtwo small children in tow. Wewere escaping from PresidentFerdinand Marcos’s martiallaw dictatorship.
My parents patiently waited years to enter this countrylegally. They assimilatedthemselves into their adoptedcountry’s ways and succeededin practicing medicine in theUnited States. My father alsoserved in the US Navy as amedical officer. We all becameUS citizens. My parents petitioned the government to allow their parents, brothers,and sisters to enter the UnitedStates legally. They waitedyears. Several relatives diedbefore they could leave thePhilippines.
President Obama’s policieson immigration are transparent in their political motivesand grossly unfair to thosewho patiently muddlethrough the bureaucracy andpaperwork to become legal
immigrants.JOYCELYN A. DATU, MD
Boston
Kin of legalimmigrantsneed help
ON DEC. 17, my husband and I left Boston for Spain, wherewe also are residents.
In a small suitcase, I had packed a flat of vinca plants in awhite styrofoam box sealed with blue tape. The box was insidea suitcase. Also in the suitcase was a plastic bag containing theroot stock of six peony plants and their vegetable covering. Itis legal to export plants from the UnitedStates to Spain.
I expected an officer from theTransportation Security Administration at Logan Airport to open thesuitcase, and that’s what happened.All was left in place. The officer added a TSA notice and retaped thepackage. Then came a surprise.
The officer had left in the outsidepocket of my suitcase a cardboardpacket of Snipit flower cutters, anda note. I am not mentioning hername to avoid trouble with TSA superiors, but I want to say to her,“Thank you and Merry Christmas.”
FELICIA HALLLa Herradura, Spain
A pleasant surprise from TSA officer
DEVAL PATRICK’SHYDROPOWER LEGACY
LANE TURNER/GLOBE STAFF
Pedestrians cross the Northern Avenue bridge in 2013.
ISTOCKPHOTO
Vinca minor isalso known asperiwinkle.
separate study previously suggested 43 per-cent of restaurant workers report not being paid overtime that they were owed under the law.
But the efforts of Boston and Somerville will not help a single worker if the mandates aren’t funded or enforced.
In Somerville, as of November, no busi-nesses had lost permits thanks to the wage theft ordinance, which passed in the sum-mer of 2013. Officials there seem to have no means to root out violators — they note that the attorney general’s office is in the process of creating a database of citations. No launch date is set.
Boston also has no mechanisms set up yet to enforce its law, such as surprise inspec-tions at job sites, financial audits, or periodic payroll reviews. There has been no funding so far earmarked for compliance work, no additional hires announced, and, pressed for details on how enforcement will be done, city officials say that while the mayor is commit-ted to battling wage theft, no final decisions have been made for even what part of City hall will oversee the effort.
Other labor rules in Boston show that very little will improve until the city starts paying attention. The city law that requires 50 percent of total work hours be performed by Boston residents, 25 percent minorities, and 10 percent women on publicly funded construction projects and large private proj-ects went largely unheeded under the Meni-no administration until about four years ago, when city councilors Ayanna Pressley and Mike ross began to press the issue.
Data about building sites across Boston is now available online and regularly updat-ed. And since 2009, minority participation is up nearly 20 percent, and the portion for women has nearly doubled, according to Su-
san Moir, director of the Labor resource Cen-ter at UMass Boston. “Transparency means developers can’t make excuses. Their compet-itors are meeting the goals. Why aren’t they?” Moir said. “But it takes political will first.”
The upside for workers, if these latest wage laws are enforced, is tangible: In one case alone this year, a federal judge deter-mined that Ward’s Cleaning Service, Inc., which serves some 85 restaurants and hotels in the greater Boston area, owed more than $1 million in back pay and damages to 149 low-wage employees working as dishwash-ers, janitors, and housekeepers. Investigators discovered that the company’s management avoided overtime payments by directing workers to falsify timecards or use multiple timecards with different names. Ward’s also allegedly paid employees with checks made out to fake names or in cash to avoid labor laws. (The firm noted this week that the violations cited were identified and halted in early 2012, saying three quarterly indepen-dent audits since the judgment last spring have found the company is in full compliance with wage laws.)
Even more troubling: This was not the Peabody-based firm’s first offense. It was cit-ed for similar violations in 1993. Technically, under both Boston and Somerville’s wage theft laws, that could have disqualified it for permits or city contracts. If its president, Da-vid Ward, had believed that stiffing workers could have significant financial consequences for his business, would the company have been so cavalier to flout the rules again and again?
Walsh and Curtatone should make sure their laws are strong, funded, and enforced, to guarantee the answer is no. At the very least restaurant workers are owed that.