07 kingsbury 2015

2
DECEMBER 24, 2014 L ess 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 Editorial PATRICK SANDRI FOR THE BOSTON GLOBE City halls must join battle against restaurant wage theft

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Page 1: 07 Kingsbury 2015

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

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.