Lawsuits

Is a Boston Pizzeria at the Center of an Industry Revolution?

Photo: Alec Appelbaum

We hear that the Boston Phoenix plans to probe the Phantom Gourmet/Upper Crust debacle in their next issue. We reported on the contretemps — in which the Phantom decreed that “I’m sorry to tell everyone, but without illegal aliens, there is no restaurant business” — and wondered how the local critic could be oh-so-chummy with a chain that has reportedly treated several employees poorly … perhaps illegally. (Shockingly, based on the Phantom’s Facebook replies, sponsorship just might play a role!) But really, it’s a soap-opera-ish footnote to a larger moral issue, one that’s been going on for a lot longer than Upper Crust has been open — and Boston’s at the forefront.

The Upper Crust imbroglio includes charges of exploitation and minimum-wage violations by Brazilian immigrant workers; the Massachusetts attorney general’s office is currently investigating. The Globe first unmasked the shady goings-on in a detailed story, which features charges of exploitation on behalf of the disgruntled workers and accusations of “extortion” on behalf of founder Jordan Tobins. Most recently, one worker accused Tobins of threatening to kill him after he reported the company to the U.S. Labor Department.

It’s worth mentioning that just this week, laws went into effect in New York state modifying wage orders for hotels and restaurants. Notably, tipped food service workers like waitstaff, bussers, and dining-room attendants, bartender assistants, bartenders, and room service must be paid $5.00 per hour (up from $4.65) with a tip credit of no more than $2.25 per hour. Food delivery workers must be paid $5.65 per hour (up from $4.90) with a tip credit of no more than $1.60 per hour. And, for the first time, the wage order allows mandatory tip pooling among wait staff.

Already, the Upper Crust has been forced to pay nearly $350,000 in back wages to more than 100 workers. (Upper Crust PR guru George Regan has gone on the record saying, “We have nothing to hide. We welcome any investigation.”)

While the Boston blogosphere erupted after the Phantom’s statement, many interpreted it as, well, illegal immigrants are such a part of the hospitality industry, so their exploitation is just a forgone conclusion. To this end, what’s supposedly going on at Upper Crust is hardly unique, though the charges are especially egregious. In 2009, seven Latino workers sued midtown Manhattan Italian restaurant Remi for labor violations; L.A. swankery Koi found itself embroiled in a similar scandal, though charges were later dropped. Mario Batali is no stranger to similar allegations. And just last month, New Haven eatery Goodfellas was protested by a Latino advocacy group for wage theft, per the Yale Daily News. (One picket sign: “Exploitation salad! Mistreat pasta!”)

So, how are workers fighting back — and preventing such violations from happening in the first place? What could be done in Massachusetts and nationally to set a precedent going forward? What will make restaurants stop thinking they can get away with this (assuming, of course, they’re guilty)? And, really, what’s going to happen to the Upper Crust?

The Fault Lines Under the Crust [Boston Globe]
Earlier: Without Illegal Aliens, There Is No Restaurant Business
Upper Crust Manager Alleges Retaliation
Upper Crust Burned in Scathing Globe Article

Is a Boston Pizzeria at the Center of an Industry Revolution?