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  1. #1

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    Enforcement of labor laws in California at long last

    Eateries shut in raids over labor laws
    By Rachel Osterman -- Bee Staff Writer
    Published 2:15 am PST Tuesday, November 15, 2005
    Story appeared on Page A1 of The Bee
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    More than a dozen local restaurants were shut down temporarily last week, part of a new statewide crackdown involving surprise sweeps of businesses believed to be breaking labor laws.
    In unannounced visits Wednesday and Thursday, officials inspected 20 Sacramento-area restaurants and found 16 to be in violation of labor laws, including workers' comp, overtime, meal break and minimum wage rules.


    "This gives us more of a concentrated effort to go out and check for violations, as well as provide an opportunity to educate workers and employers," said Dean Fryer, a spokesman with the Department of Industrial Relations, one of the inspection participants.
    While some business owners complained the inspections are too aggressive, some workers' advocacy groups said they don't go far enough.

    Among the restaurants temporarily closed: Hoppy Brewing Company on Folsom Boulevard; Queen Sheba Restaurant on Howe Avenue; Sweet Fingers Jamaican Restaurant on Broadway; and Black Cat Café on 56th Street, according to the state Department of Industrial Relations.

    Most have reopened for business since buying or proving they already have workers' comp policies, according to interviews with some of the affected restaurant owners. They were closed because state law prohibits businesses from operating without insurance to cover workers for on-the-job injuries.

    In addition, a total of $193,350 in fines were issued against the restaurants, mostly for workers' comp violations. The fines can be appealed.

    The sweeps were planned by the state's new Economic and Employment Enforcement Coalition, under a multiagency program that began in July to regularly enforce labor laws in industries with high concentrations of low-wage workers. These include restaurants, garment manufacturers, horse racing tracks, agriculture, construction, janitorial and car-washing businesses.

    A legislative hearing to review the program, which concluded its first quarter of operation in September, is scheduled today before the Assembly Labor and Employment Committee.Under the program, teams of officials conduct weekly sweeps of employers throughout California believed to be in violation of labor standards. The businesses are targeted based on outside complaints, as well as reviews of tax and insurance records.

    Fryer said it was launched to make enforcement efforts more consistent. The state Division of Occupational Safety and Health, Employment Development Department, Division of Labor Standards Enforcement, Contractors State License Board and the U.S. Department of Labor all participate.

    One upset restaurateur said it was unfair that inspectors did not provide advance notice.
    "They just came in on us, very nasty, very rude," said Nadia Halaway, manager at Lil Joe's restaurant on Del Paso Boulevard.

    According to the state, the restaurant was shut down because it was unable to produce documentation of workers' compensation insurance for its five employees. Halaway, however, said Lil Joe's always had the coverage and remained open last week.

    Another critic of the new sweeps program is Rini Chakraborty, executive director for Sweatshop Watch, which advocates on behalf of garment workers, mainly in California.

    "We feel the aim is at big flashy raids that collect fines," she said. "There needs to be more priority around ... collection" of unpaid wages for overtime and working off-the-clock.

    But Fryer disputed that assertion, while acknowledging: "Granted, there are times when it is difficult or impossible to collect (their wages) - if the companies file bankruptcy or they close the door and the owners disappear."

    Fryer did say that the sweeps sometimes scare undocumented workers into thinking they are being targeted by immigration officials. On a recent surprise visit to La Favorita Taqueria on Franklin Boulevard, for instance, inspectors believe several workers concerned about their immigration status fled the restaurant when state officials arrived.The restaurant was cited for lacking workers' compensation for its 36 employees and for violating state meal break laws, which require that workers get a 30-minute meal period during a typical shift.

    But Jose Cortez, who owns the restaurant along with La Fiesta Taqueria in Citrus Heights that was cited for the same violations, insisted he does have workers' comp coverage and was not shut down.

    "It's a confusion. I'm consolidating my restaurants into one corporation from three," he said. "That's why there's no workers' compensation under the old corporations. Probably the only person who understands it is me."

    But at least one restaurant owner - Kenny Turner of Hoppy Brewing Company - said the sweeps were a learning experience.

    "It was definitely thorough and effective," Turner said Monday.

    His restaurant was shut down Wednesday for not covering its 47 employees under workers' compensation. Turner said he wasn't purposely avoiding paying the costly workers' comp premiums, he just thought his employees were covered under the restaurant's liability coverage.

    The restaurant reopened for business Thursday, after Turner secured a workers' compensation policy, he said. He also was fined $47,000.

    Despite the penalty, Turner said, "For not having it for five years, we probably saved $150,000."
    Last week's sweeps were not the first to target Sacramento businesses. Over the summer, state enforcement teams inspected local horse racing tracks and construction sites. Of the 50 targeted construction sites, five were found to be operating without workers' compensation coverage, Fryer said.

    Statewide, meanwhile, 523 companies employing 10,687 workers were inspected during the program's first fiscal quarter, which ended Sept. 15. About $2.1 million in fines were issued during that time, about half of which - $1.1 million - were for workers' compensation violations, Fryer said.



    --------------------------------------------------------------------------------

    Restaurant sweeps
    The state Department of Industrial Relations said these Sacramento-area restaurants were cited last week for not providing proof of workers' compensation coverage. A spokesman said labor inspectors temporarily closed the restaurants, although some restaurant owners disputed that. The restaurants are in Sacramento unless otherwise noted.
    • La Favorita Taqueria (Franklin Boulevard)

    • La Fiesta Taqueria (Greenback Lane, Citrus Heights)

    • Eastern Buffet (Howe Avenue)

    • Queen Sheba Restaurant (Howe Avenue)

    • Hoppy Brewing Company (Folsom Boulevard)

    • Sweet Fingers Jamaican Restaurant (Broadway)

    • Taqueria Havinda (Fruitridge Road)

    • Lil Joe's (Del Paso Boulevard)

    • Black Cat Café (56th Street)

    • Peking Restaurant (Folsom Boulevard)

    • Superb Burger & Pizza (Power Inn Road)

    • Toshi's Rice Bowl & Fast Sushi (Folsom Boulevard)

    • L'Orchid Restaurant (Arden Way)

    Source: Department of Industrial Relations


    About the writer:
    The Bee's Rachel Osterman can be reached at (916) 321-1052 or rosterman@sacbee.com.

    Ayatollah's note:
    1) there is a hearing today that we were not advised of, but should contact those involved with a plea to send investigators into the huge DAY LABOR AREAS!!!!!!!!!!!!!!!!!!!

    2) they slipped in a subliminal message to "undocumented workers" here. I thought it was a federal issue. If it is, stay out of it entirely with your illegal alien friendly terms.

    3)The restaurants are not even close to being the biggest offenders, yet they were the ones publicized. Despite the effort here, the old saying is, beware of gift laden Greeks.......

    4) lastly and importantly, keep this effort alive and under the sun for as long and as hard as possible
    It will not be enough to send a letter. We will have to march on washington and dictate terms in the white house

  2. #2
    gingerurp's Avatar
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    That's awesome. I wish they'd do more of that in the bay area.

  3. #3
    Senior Member Rockfish's Avatar
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    Sounds like the raids were structured to give people who are pro-legal immigration a bone to chew on, rather than a really big raid.
    Join our efforts to Secure America's Borders and End Illegal Immigration by Joining ALIPAC's E-Mail Alerts network (CLICK HERE)

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