'Who's illegal?' ask restaurant workers

“It’s illegal, it’s a crime. Pay your workers overtime.” Some 100 New York restaurant workers and their supporters chanted as they rallied April 3, led by a rank and file workers’ organization of immigrants and supporters in the food industries called the Restaurant Opportunities Center (ROC). The protest heard strong testimony from workers at six restaurants affiliated with the Fireman Hospitality Group management. These include Cafe Fiorello—where the protest was held—the Redeye Grill, Trattoria DellArte, Brooklyn Diner, Shelly’s and Bond 45.

Workers from these upscale restaurants, who are mostly immigrants, told how their bosses have failed to pay minimum and overtime wages and have misappropriated tips. The April 3 protest indicated that workers, especially those facing racist discrimination, will continue to fight back. One South African worker compared his experience at a Fireman restaurant to apartheid. An Asian worker held up a paper plate—provided by ROC—with a photo of civil rights leader Rosa Parks on it. They were joined by Mexican workers, members of the United Food and Commercial Workers union.

Meanwhile, workers at Shelly’s have filed a class-action lawsuit complaining about having to give management a percentage of the tips intended for waiters, bartenders and other workers. ROC also has a lawsuit on behalf of 55 mostly immigrant workers accusing the Redeye Grill of tip misappropriation, overtime and wage violations and sexual harassment.

Appealing to passers-by, the pickets sang a song popular in past organizing drives and strikes: “Which side are you on?”