Restaurant Opportunities Center

Last updated
Restaurant Opportunities Centers United
AbbreviationROC United
Formation2002
Founder Saru Jayaraman, Fekkak Mamdouh
TypeNot-for-profit
PurposeTo improve wages and working conditions for the nation's restaurant workforce
HeadquartersNew York, New York
Region
United States
Websiterocunited.org

The Restaurant Opportunities Centers United (ROC) is a not-for-profit organization and worker center with affiliates in a number of cities across the United States. Its mission is to improve wages and working conditions for the nation's low wage restaurant workforce. Its tactics and strategy have drawn fire from business groups and restaurant industry lobbyists. [1] [2]

Contents

History

The group was founded with funding from multiple foundations with a stated goal to “organize all unorganized restaurant workers in New York City.” [3] ROC-NY was founded by immigration attorney Saru Jayaraman and Windows on the World waiter Fekkak Mamdouh and other restaurant workers who survived the September 11 attacks on the World Trade Center in 2001 [3] to provide support for the displaced workers, including undocumented immigrants. These workers had worked in restaurants in the WTC, including in the Windows on the World restaurant located on its top floors. [4] [5]

Jayaraman is the author of Behind the Kitchen Door (2013) and Forked (2016). The first book, Behind the Kitchen door, follows the lives of restaurant workers in eight American cities, seeking to call attention to their low wages, along with unfair labor practices, exploitation, and unsanitary kitchen practices. The second book profiles restaurants that are doing right by their employees by providing fair compensation and benefits. [6] [7]

Mamdouh is the co-author, with Rinku Sen, of The Accidental American: Immigration and Citizenship in the Era of Global Immigration (2008), a book that argues for a free flow of international labor to match globalization's free flow of capital. [8]

The March 2013 announcement by Richard L. Trumka, president of the AFL-CIO, that organized labor would work more closely with groups focusing on aid immigrant workers is one factor in the decision by business groups to target ROC. [2]

Activities

ROC conducts workplace campaigns to encourage restaurant owners to increase wages and improve working conditions for employees. [9] ROC provides free training in many areas of restaurant work for restaurant workers and workers seeking employment in most of its chapters. [10]

In early 2012, ROC launched its "Dignity at Darden" campaign, targeting what it alleged to be discrimination and wage theft by Darden Restaurants, which owns and operates such chains as Olive Garden, LongHorn Steakhouse and Capital Grille. [11] [12] ROC members and staff appeared at Darden's 2012 annual shareholder's meeting to advance their complaints. [13] ROC dropped the lawsuit in mid-2012. [14]

In 2013, ROC United launched its One Fair Wage campaign - a policy that would increase the tipped minimum wage to the minimum wage and allow tipping practices to remain in place. In 2019, the One Fair Wage campaign split off from ROC United and became its own non-profit with Jayaraman and Mamdouh leaving ROC United to lead the new non-profit.

Since the split in 2019, ROC has returned to its roots of workplace organizing, local policy work, and workforce development.

In 2020, ROC United raised around one million dollars to support unemployed & underemployed restaurant workers during the height of the pandemic. Some of those campaigns included the Caribou Coffee Workers United campaign, the paid sick days campaign in Pittsburgh, PA, and the Strategic Hospitality legal settlement in Nashville, TN. [15] [16] [17]

In 2023, ROC United was recognized by the Occupational Safety and Health Administration for its work to address dangers and hazards of heat exposure in the restaurant industry. [18]

Research

The organization also undertakes research on the state of the food industry with a special focus on issues that affect food workers. ROC's more than 30 published reports have been widely cited and covered by media.

Expansion

Since its founding, ROC has expanded to several cities across the country with thousands of members. [19] Restaurant Opportunities Centers United was founded in January 2008 following a national restaurant workers' convention that took place in Chicago in August 2007. [20] ROC has chapter offices in New York, Philadelphia, Los Angeles, New Orleans, Detroit, Chicago, Minnesota, Oakland, and DC.

Related Research Articles

A minimum wage is the lowest remuneration that employers can legally pay their employees—the price floor below which employees may not sell their labor. Most countries had introduced minimum wage legislation by the end of the 20th century. Because minimum wages increase the cost of labor, companies often try to avoid minimum wage laws by using gig workers, by moving labor to locations with lower or nonexistent minimum wages, or by automating job functions. Minimum wage policies can vary significantly between countries or even within a country, with different regions, sectors, or age groups having their own minimum wage rates. These variations are often influenced by factors such as the cost of living, regional economic conditions, and industry-specific factors.

<span class="mw-page-title-main">Living wage</span> Minimum income to meet a workers basic needs

A living wage is defined as the minimum income necessary for a worker to meet their basic needs. This is not the same as a subsistence wage, which refers to a biological minimum, or a solidarity wage, which refers to a minimum wage tracking labor productivity. Needs are defined to include food, housing, and other essential needs such as clothing. The goal of a living wage is to allow a worker to afford a basic but decent standard of living through employment without government subsidies. Due to the flexible nature of the term "needs", there is not one universally accepted measure of what a living wage is and as such it varies by location and household type. A related concept is that of a family wage – one sufficient to not only support oneself, but also to raise a family.

<span class="mw-page-title-main">Equal Pay Act of 1963</span> United States labor law of the New Frontier program

The Equal Pay Act of 1963 is a United States labor law amending the Fair Labor Standards Act, aimed at abolishing wage disparity based on sex. It was signed into law on June 10, 1963, by John F. Kennedy as part of his New Frontier Program. In passing the bill, Congress stated that sex discrimination:

Labor rights or workers' rights are both legal rights and human rights relating to labor relations between workers and employers. These rights are codified in national and international labor and employment law. In general, these rights influence working conditions in the relations of employment. One of the most prominent is the right to freedom of association, otherwise known as the right to organize. Workers organized in trade unions exercise the right to collective bargaining to improve working conditions.

Worker centers are non-profit community-based mediating organizations that organize and provide support to communities of low wage workers who are not already members of a collective bargaining organization or have been legally excluded from coverage by U.S. labor laws. Many worker centers in the United States focus on immigrant and low-wage workers in sectors such as restaurant, construction, day labor and agriculture.

<span class="mw-page-title-main">Interfaith Worker Justice</span>

Interfaith Worker Justice (IWJ) was a nonprofit and nonpartisan interfaith advocacy network comprising more than 60 worker centers and faith and labor organizations that advanced the rights of working people through grassroots, worker-led campaigns and engagement with diverse faith communities and labor allies. IWJ affiliates took action to shape policy at the local, state and national levels.

<span class="mw-page-title-main">Minimum wage in the United States</span>

In the United States, the minimum wage is set by U.S. labor law and a range of state and local laws. The first federal minimum wage was instituted in the National Industrial Recovery Act of 1933, signed into law by President Franklin D. Roosevelt, but later found to be unconstitutional. In 1938, the Fair Labor Standards Act established it at 25¢ an hour. Its purchasing power peaked in 1968, at $1.60 In 2009, it was increased to $7.25 per hour, and has not been increased since.

<span class="mw-page-title-main">Fair Labor Standards Act of 1938</span> United States wage law

The Fair Labor Standards Act of 1938 29 U.S.C. § 203 (FLSA) is a United States labor law that creates the right to a minimum wage, and "time-and-a-half" overtime pay when people work over forty hours a week. It also prohibits employment of minors in "oppressive child labor". It applies to employees engaged in interstate commerce or employed by an enterprise engaged in commerce or in the production of goods for commerce, unless the employer can claim an exemption from coverage. The Act was enacted by the 75th Congress and signed into law by President Franklin D. Roosevelt in 1938.

<span class="mw-page-title-main">The Capital Grille</span> American restaurant chain

The Capital Grille is an American restaurant chain of upscale steakhouses owned by Darden Restaurants. The brand has locations in twenty-five states, the District of Columbia, and Mexico City.

The Employment Policies Institute is a fiscally conservative, non-profit American think tank that conducts and publishes research on employment issues, particularly aimed towards reducing the minimum wage. It was established in 1991 by Richard Berman, and it has been described as "a nonprofit research group that studies issues of entry-level employment."

<span class="mw-page-title-main">Paycheck Fairness Act</span> Proposed law to address the gender pay gap

The Paycheck Fairness Act is a proposed United States labor law that would add procedural protections to the Equal Pay Act of 1963 and the Fair Labor Standards Act as part of an effort to address the gender pay gap in the United States. A Census Bureau report published in 2008 stated that women's median annual earnings were 77.5% of men's earnings. Recently this has narrowed, as by 2018, this was estimated to have decreased to women earning 80-85% of men's earnings. One study suggests that when the data is controlled for certain variables, the residual gap is around 5-7%; the same study concludes that the residual is because "hours of work in many occupations are worth more when given at particular moments and when the hours are more continuous. That is, in many occupations, earnings have a nonlinear relationship with respect to hours."

<span class="mw-page-title-main">Wage theft</span> Denial of wages or employee benefits rightfully owed to an employee

Wage theft is the failing to pay wages or provide employee benefits owed to an employee by contract or law. It can be conducted by employers in various ways, among them failing to pay overtime; violating minimum-wage laws; the misclassification of employees as independent contractors; illegal deductions in pay; forcing employees to work "off the clock", not paying annual leave or holiday entitlements, or simply not paying an employee at all.

The tipped wage is base wage paid to an employee in the United States who receives a substantial portion of their compensation from tips. According to a common labor law provision referred to as a "tip credit", the employee must earn at least the state's minimum wage when tips and wages are combined or the employer is required to increase the wage to fulfill that threshold. This ensures that all tipped employees earn at least the minimum wage: significantly more than the tipped minimum wage.

<span class="mw-page-title-main">Fight for $15</span> Political movement in the United States

The Fight for $15 is an American political movement advocating for the minimum wage to be raised to USD$15 per hour. The federal minimum wage was last set at $7.25 per hour in 2009. The movement has involved strikes by child care, home healthcare, airport, gas station, convenience store, and fast food workers for increased wages and the right to form a labor union. The "Fight for $15" movement started in 2012, in response to workers' inability to cover their costs on such a low salary, as well as the stressful work conditions of many of the service jobs which pay the minimum wage.

The Food Chain Workers Alliance (FCWA) is a national coalition of 31 worker-based organizations of workers in many sectors of the food chain, including agriculture, processing, selling, and serving. Its program areas include strategic campaigns, leadership development, policy and standards, and education and communications. FCWA members represent over 300,000 workers. The Alliance is based in Los Angeles, California, and was founded in 2009.

<span class="mw-page-title-main">Saru Jayaraman</span> American attorney/author/activist (born 1975)

Sarumathi "Saru" Jayaraman is an American attorney, author, and activist from Los Angeles, California. She is an advocate for fair wages for restaurant workers and other service workers in the United States. In the aftermath of September 11, she co-founded the non-profit public service organization Restaurant Opportunities Centers United. And in 2013 she founded a new organization to work on these issues, called One Fair Wage. Jayaraman is a recipient of the Ashoka fellowship in 2013 and the Soros Equality Fellowship in 2020.

One Fair Wage is a nonprofit non-governmental organization in the United States that is led by Saru Jayaraman for restaurant workers to end the sub-minimum wage for tip workers who make less than the minimum wage before tips.

<span class="mw-page-title-main">Initiative 77</span> 2018 Washington, D.C., ballot measure

Initiative 77 was a voter-approved ballot initiative in Washington, D.C., to phase out the special minimum wage for tipped employees as part of the national Fight for $15 campaign. In the June 2018 primary election, D.C. voters approved Initiative 77 by a margin of 56% to 44%; however, the D.C. Council repealed the initiative in October before it could enter into force. In 2022, a nearly identical Initiative 82 was approved for the November 8, 2022 election.

Colors was a 70-seat restaurant in the Lower East Side of Manhattan, New York City.

<span class="mw-page-title-main">Initiative 82</span> 2022 Washington, D.C., ballot measure

Initiative 82 was a voter-approved ballot initiative in Washington, D.C., to phase out the special minimum wage for tipped employees as part of the national Fight for $15 campaign. In the November 2022 general election, D.C. voters approved Initiative 82 by a margin of 74% to 26%, though about 12% of all participating voters did not vote on the initiative. It was nearly identical to Initiative 77, a ballot measure in the 2018 primary election that was approved by D.C. voters but later overturned by the D.C. Council before it could enter into force.

References

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  3. 1 2 La Botz, Dan (January–February 2004). "Immigrant Restaurant Workers Hope to Rock New York". Dollars & Sense. Retrieved December 11, 2012.
  4. Dobnik, Verena (September 10, 2003). "Restaurant workers look through new Windows". Times Daily.
  5. The Real News Network, 11 November 2011, "9/11 Survivors Create Worker Owned Restaurants 9/11: Restaurant worker survivors open fair wage businesses"
  6. "What Goes on Behind the Kitchen Door : Bay Area Bites". Blogs.kqed.org. Retrieved 2018-05-20.
  7. McMillan, Tracie (2 February 2016). "'Forked' Rates Restaurants On How They Treat Their Workers". NPR. npr.org. Retrieved 2016-02-02.
  8. "Book Review: The Accidental American - IMAGINE 2050". 10 November 2009. Retrieved 20 May 2018.
  9. London, Paul A. (September 18, 2012). "Good News: Restaurants Are Hiring". Huffington Post. Retrieved December 10, 2012.
  10. Restaurant Opportunities Center of New York, "What We Do" accessed November 11, 2011
  11. "Restaurant Opportunities Centers United launch campaign to improve restaurant industry jobs". Time Out Chicago. Retrieved 20 May 2018.
  12. "Darden Restaurants: Corporate Rap Sheet - Corporate Research Project". www.corp-research.org. Retrieved 20 May 2018.
  13. "Workers grill Darden Restaurants CEO at shareholders meeting" . Retrieved 20 May 2018.
  14. "US: Restaurant workers group drops racial discrimination charges against Darden. :: Equality Law :: Promoting Equality, Preventing Discrimination". Archived from the original on 2014-02-01. Retrieved 2014-01-31.
  15. "Caribou Coffee workers join in national campaign for better COVID-19 protections". MinnPost. June 19, 2020.
  16. "Other Voices: For decades, I've struggled without paid leave". Pittsburgh Post-Gazette.
  17. Submitted, Article (March 14, 2021). "Nashville Restaurant Workers Win Over $1 Million in Wage Theft Settlements".{{cite web}}: |last= has generic name (help)
  18. OSHA, "National Heat Contest" accessed June 9, 2023
  19. "Activist at vanguard of restaurant workers' rights". 12 January 2014. Retrieved 20 May 2018.
  20. "About Us: Our History". Restaurant Opportunities Centers United. Archived from the original on May 10, 2012. Retrieved April 10, 2012.

Sources