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Irene Tung/Teofilo Reyes: Now the big restaurant-chain owners seek to steal workers' tips

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Via OtherWords.org:

When we give someone a tip, we expect the money will go to the workers who provided us with service.

We might leave a little extra because someone went above and beyond for us. Or because we want that person to have a slightly easier time getting by.

Whatever the circumstance, we trust that the money will help the workers who served us.

But the National Restaurant Association — a group controlled by owners of major restaurant chains —has long been promoting the idea that business owners, not workers, should control the tips we leave.

If they have their way, the U.S. Department of Labor will soon let minimum-wage employers confiscate all tips left by customers. Business owners would not have to disclose to patrons what happens to tips, and could simply pocket the tips themselves.

This would apply to anyone who receives tips — from the housekeeper who makes up your hotel room, to the valet who parks your car, to the assistant who pushes your wheelchair at the airport.

Overall, women represent two out of three tipped workers.

The NRA’s key leadership includes Olive Garden, IHOP and Applebee’s, Denny’s, Cracker Barrel, Chili’s and Outback Steakhouse. These companies already have an egregious track record of squeezing workers while inflating CEO pay. If the new rule is finalized, they could use tips to fuel even more stock buybacks and CEO pay hikes.

By doing these companies’ bidding, the Trump administration is poised to make life even harder for restaurant workers and their families. A recent study shows that more than half of hourly earnings for servers and bartenders come from tips.

Restaurant lobbyists claim that giving employers control over tips would let them redistribute tips from servers to such non-tipped workers as dishwashers. But there’s nothing in the rule to require this. And even if they do redistribute, there’s a good chance that employers would cut base wages to make up the difference.

With the rule change, employers would have a strong incentive to pay only the federal minimum of $7.25 and then claim ownership of all tips. The Economic Policy Institute estimates that changing the rule would transfer $5.8 billion from workers directly to employers, and 80 percent of that amount would come from the pockets of women who earn tips.

To be clear, this rule will hurt workers — and the Labor Department knows it. Revelations that senior political officials there tried to bury a damaging economic analysis of the proposal have led to an internal investigation.

Even with tips, servers and bartenders take home only $10.11 per hour. This is already far below what workers throughout the country need to make ends meet. These employees need more wage protections, not fewer.

And voters seem to agree.

Recent polling from the National Employment Law Project shows 83 percent of voters disapprove of the proposal to give employers control of worker tips, and most respondents say they would tip less often if the rules are changed.

This is an attempt by lobbyists to transfer a massive amount of wealth and power from consumers and workers to corporate restaurant chains and their private equity owners

Irene Tung is a senior policy researcher with the National Employment Law Project. Teófilo Reyes is a visiting scholar at the Goldman School of Public Policy at the University at California. at Berkeley, and research director with Restaurant Opportunities Centers United. 

 

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Commentary Robert Whitcomb Commentary Robert Whitcomb

Marjorie E. Wood: Port strike mirrors organized labor's early days

Port truckers in California walked off the job in November to protest their dismal working conditions. Required to lease trucks while paying insurance and maintenance costs, drivers often earn less than minimum wage.The strike came just days after big box retailers, manufacturers, and other supply chain stakeholders sent President Obama a letter warning that labor disputes could cause “a full shutdown of every West coast port.”Spearheaded by the National Retail Federation — whose members include large corporate retailers  such as WalMart — the letter stated that a shutdown would be “catastrophic,” costing the economy up to $2 billion a day. Over a hundred business associations who signed the letter requested “immediate action” by the federal government to prevent such losses. Though a shutdown did not happen, tensions remain as port truckers, dockworkers, and other workers step up their demands to be treated fairly during the peak holiday season.

This isn’t the first time in our nation’s history that a transportation strike has made big business anxious. In 1877, when thousands of railroad workers went on strike in a dozen American cities, businessmen pleaded with then-President Rutherford B. Hayes to intervene.

Businessmen had reason to worry. At the height of the 1877 strikes, more than half the freight on the nation’s railways stopped running.

Circumstances leading to the railroad strikes were not unlike our own today. Unregulated economic growth after the Civil War concentrated wealth in a few hands. Labor conditions deteriorated as big business sought ever greater profits. The first Gilded Age was born.

Then, as now, transportation workers held the strongest hand in demanding higher wages and better conditions. Unlike other workers, they could disrupt business as usual everywhere.

The railroad strikes showed how powerful workers could be when they united. Workers across all industries responded in solidarity when business and government tried to put down the railroad strikes.

After 1877, labor unions grew and more strikes ensued. Ultimately, this led to passage of the Fair Labor Standards Act, the bedrock of modern employment rights.

Over a hundred years later, port truck drivers are denied the very same employment rights that workers in the first Gilded Age fought so hard to achieve. In the last year, port truckers have gone on multiple strikes protesting their misclassified status as “independent contractors.” Nearly 70 percent of port truckers are denied protections and benefits due to misclassification, according to the National Employment Law Project

Port trucking was a secure, middle-class occupation until Congress first deregulated the trucking industry in 1980. Now, most port truckers lack basic labor rights, such as workers’ compensation, overtime pay, and even a guaranteed minimum wage.

Port truckers aren’t the only workers in this boat. They’re also an essential link in a supply chain that ends with low-wage retail workers at Walmart. If port truckers wage a protracted strike, it could reverberate throughout the entire national economy.

While their plight hasn’t commanded the widespread attention that the 19th century rail strikes did back then, port workers just might be the key to restoring basic labor rights for all Americans.

Marjorie E. Wood, a columnist for OtherWords.org, where this piece originated, is a senior economic-policy associate at the Institute for Policy Studies (IPS-dc.org) and the managing editor of Inequality.org.

 

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