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Cheated of wages and tips, immigrant workers win a settlement
Chinese wait-staff who lodged a class action lawsuit against Jin Asian Cuisine Restaurant reached a settlement last month, compensating workers for tip theft and other wage irregularities. Jin, a 1,000-seat restaurant in Saugus, agreed to pay $110,000 to all tipped employees who worked between 2004 and the present.
Four Latino workers and two Chinese wait-staff led the way in initiating the lawsuit in February 2007.
“This victory shows how the struggles of different immigrant communities are connected. Without these first few plaintiffs’ willingness to stand up, the settlement affecting all tipped workers couldn't have been achieved,” said Amee Chew, Workers Center Liaison at the Chinese Progressive Association (CPA).
The workers were recognized for their courage at CPA’s February 22 annual banquet.
The Latinos did not serve as wait-staff but worked in cleaning and construction. They reported that the restaurant did not pay them overtime or minimum wage, and complained of unsafe conditions and retaliation for speaking up about these problems.
After the Latino workers and two former Chinese employees lodged a lawsuit against the restaurant for wage violations, more Chinese wait-staff began to come forward as plaintiffs. The Chinese waiters especially felt it unfair that the restaurant took out an “administrative fee” from their tips. While the fee is legal when properly disclosed, the workers were concerned about Jin bringing a New York practice to the Boston area.
Workers reported a pattern of illegal tip theft to cover the base pay of other employees, improper wage deductions for meal breaks, and discriminatory practices. Thus non-Chinese temp workers were paid $30 per hour, a much higher rate than Chinese employees.
“When I started working I was a new immigrant, I didn't know about many protections. It's not fair that the restaurant [has been] taking advantage of recent immigrants,” said Max Ng, a former employee of Jin and a plaintiff.
“This settlement should send a powerful message to employers about the consequences of disregarding workers' rights,” said Isabel Lopez, an organizer from the Mass. Coalition for Safety and Health (MassCOSH), which helped mobilize support. “The initiative of the Latino and Chinese workers demonstrates how the struggles of immigrant workers from different communities can reinforce each other.”
MassCOSH and the CPA are members of a collaboration of community groups known as the Immigrant Workers Center Collaborative, that seeks to work together in uniting the struggles of immigrant workers across ethnic groups.