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Scott Dagger from the Connecticut Restaurant Association and his lawyer Ryan O'Donnell.
Nobody defends how that was done. The language associated with a bill passed unanimously in the last few minutes of the 2019 legislature would have deprived some workers of the right to seek compensation for wage theft.
Given Governor Ned Lamont's veto on the measure, which has been deemed unconstitutional and "manifestly unfair to workers", the issue before the General Assembly is whether or not catering requires clearer rules and more facilitation of collective action in salary cases.
This time, legislators are trying to prepare the bill in daylight. This is more difficult than the version that was adopted without notice, public hearing or discussion.
A public information hearing on the proposed compromise on Thursday has led to a broad and controversial debate over the current law, which allows restaurants to pay salaries far below the minimum wage, and to debate whether salary stealing is "endemic" or not the strange act of "bad". Apples. "
Union representatives and employee representatives representing low-wage workers were grateful for the Lamont veto. Now they criticize the governor for supporting a compromise they think is better than the opposite, but it still hurts. Restaurant employees by effectively prohibiting their association. in class action lawsuits on how wages are calculated.
Richard E. Hayber, a lawyer who has managed to persuade a judge that employees can file a class action lawsuit against job theft, has shaken the industry in a written testimony that could stand in front of the certified judge as one of his class action lawsuits to continue violating laws on wages and working hours.
"Now they may have to repay hundreds of thousands of dollars in stolen wages, so watch out - if we weaken the class action lawsuits, we'll ask restaurants to revise those laws," Hayber said. "If we pass the governor's law, Connecticut will be the union's most anti-employer and anti-worker state."
Pazniokas brand :: ctmirror.org
Labor Commissioner Kurt Westby and DOL lawyer Stephen Lattanzio.
One complication is the conflict between what a key decree means and the way it was enforced by the State Department of Labor. Restaurant owners indicated that some of the companies involved in the search had, to the best of their knowledge and belief, relied on DOL's written practices and policies.
A 1950 regulation makes it clear that the time of a waiter serving customers and earning tips should be separated from other tasks such as cleaning and preparing food that does not generate tips. The state law provides for two salary levels for official and non-official activities in restaurants.
Waiting at tables requires only a minimum of $ 6.38, but not the usual minimum of $ 10.10 to $ 11 on October 1st. If the tips do not make the difference, this is presumed. The restaurants have to pay the usual minimum wage, not the lowest salary.
Scott Dolch, director of the Connecticut Restaurant Association, said national data shows that waiters and waitresses earn an average hourly wage of $ 25, including gratuities. Reports from the Federal Bureau of Labor Statistics, including salaries and tips, indicate that the average restaurant salary is $ 10.47 per hour and $ 21,780 per year.
Labor Commissioner Kurt Westby and public prosecutor Stephen C. Lattanzio said that the DPO had considered his discretionary compliance measures flexible
They followed the 80-20 rule and allowed the restaurants to pay the average salary if less than 20% of the waiter's time was spent on unpaid and occasional work.
Dave Rutigliano, a representative of R-Trumbull, the owner of a restaurant group, said the industry's stakeholders purposely paid poorly or did not ask employees to wait for early arrival to carry out work below the minimum wage standard must be punished. However, others face litigation because they have not documented cases where the operator has temporarily performed tasks outside the service.
"It's essentially about the government and its relationship with it Company You have written a set of rules, a set of rules that we all hear and follow, "said Rutigliano. It turned out that these rules were not entirely correct. We all ask you to create a new set of rules to create the spreadsheet and follow the rules. "
The bill, which the industry expects to be approved by the legislature at a special session, would force the Ministry of Labor to rewrite 1950 regulations in consultation with restaurant owners and workers.
It would also eliminate twice the damage for restorers who can prove that they acted in good faith. It contains a formulation of the conditions under which class action lawsuits may be filed in restaurants, but the legislature has been unable to agree if the wording really restricts them.
Westby, the labor commissioner, defended his department.
He said that the written instructions of the DOL could have been more precise, but It has always been the case that any restaurant that does not record service and idle times does so at the obvious risk of being handled by an employee.
The hearing lasted the whole day.
When Hayber arrived early at night, he told the legislature The law is clear. He asked her to consult Google for advice on restaurant tips in Connecticut: it lists the specific points covered by the tip credit and eight non- Google points.
These include cleaning the bathroom, preparing meals, dishes, the role of host or hostess, preparing the opening of the restaurant, cleaning the kitchen, general cleaning and waiting for customers.
"It's not space science," Hayber said. "It's a simple and clear rule."
Dagger said there are 8,000 restaurants and bars in Connecticut that are part of a hospitality industry employing 155,000 people.
Rep. Joe Polletta, a Republican from Watertown, told Hayber he was worried that a class action lawsuit would bring restaurants out of business.
One of the restaurants where Hayber was in court declared bankruptcy, but Hayber said the $ 50,000 fine he won in this case was not the immediate cause.
He added that he would not be ashamed if his employees were systematically disappointed. But he is not interested.
Hayber said he currently has a case where the verdict is several hundred thousand dollars.
"You do not have it, I want to recover," Hayber said. "We negotiate to restore it over time."
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