Campaign News

The political became personal for many this week, as Christine Blasey Ford’s testimony of sexual assault reopened old wounds for other victims — including two women who dramatically confronted a key US senator Friday in a Capitol elevator.

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Brooklyn Daily Eagle - October 23, 2014, by Matthew Taub - Hundreds of tipped and low-wage workers and advocates, including fast food, car wash and other low-wage workers, rallied outside a Domino’s Pizza location in Harlem before marching to the second public hearing of Gov. Andrew Cuomo’s Wage Board, where they testified and called on the Wage Board to eliminate the sub-minimum wage for the 229,000 tipped workers in New York state.

“In an increasingly unaffordable city, tipped workers remain among the lowest-paid hourly workers,” said New York City Public Advocate Letitia James, who joined the workers at the rally and wage board hearing.  “An hourly wage of $5 an hour is simply not sustainable for an individual or a family. Now is the time to ensure that low-wage workers receive a fair and sustainable income.  I join the many voices today calling on Gov. Cuomo to help bring fair wages to these industries.”

Employers in New York are allowed to pay less than the minimum wage — just $5 an hour — to restaurant servers, delivery workers and other service workers. Employers are legally required to “top off” a tipped worker’s pay when it falls short of the regular minimum wage, but lax enforcement enables employers to routinely violate minimum wage, overtime and other wage and hour laws with minimal repercussion.

“We work very hard and deserve a raise, just like other minimum wage workers in this state,” said Juana Tenesaca, a tipped worker and member of Make the Road New York. “I have worked as a waitress for years, earning the tipped minimum wage, and it’s impossible to raise my children never knowing how much money I’ll bring home at the end of the day. My daughter had to get a job while she was still in high school to help support our family and that breaks my heart.”

A July report by the National Employment Law Project finds that eliminating the sub-minimum wage would benefit an estimated 229,000 tipped workers in New York. 

“Tipped workers are employed in industries like hospitality that are among the fastest growing in today’s economy,” said Tsedeye Gebreselassie, senior staff attorney at the National Employment Law Project.  “If we want to stimulate consumer spending and boost our local economies, we need to make sure that the growing number of New Yorkers relying on these jobs actually have money to spend on basic necessities at their neighborhood stores.”

“Having to live entirely off tips means the customer is always right, which means I’ve had to put up with unwanted advances and uncomfortable situations from guests,” said Ashley Ogogor, a tipped worker and member of Restaurant Opportunities Center-United. “The guest shouldn’t have to feel pressured at the end of the night to pay me a decent wage. If seven other states can require restaurant owners to pay their employees a full minimum wage, so can New York.”

As part of last year’s legislative deal to increase New York’s minimum wage to $9 an hour by Dec. 31, 2015, the sub-minimum wage for tipped workers was set to automatically rise in proportion to the full minimum wage whenever the latter is raised with one exception: workers in the hospitality industry. The final deal froze these workers’ wages at $5 an hour and instructed Gov. Cuomo’s Department of Labor to convene a “wage board” to determine whether these workers will get a raise, and if so, by how much.

“We call on Gov. Cuomo and the wage board to do whatever it takes to lift up working families in the Empire State,” said Tony Perlstein, campaigns co-director for the Center for Popular Democracy. “Wealthy restaurant employers shouldn’t receive special treatment that allows them to pay poverty wages to working New Yorkers, including the women who make up more than two-thirds of the tipped wage workforce. Seven states have already eliminated their sub-minimum wages, and more are seriously considering it. Their restaurant sectors are not suffering for it, and in fact are thriving.”

The wage board, consisting of Timothy Grippen, Retired Broome county executive; Heather C. Briccetti, president and CEO of the Business Council; and Peter Ward, president of the New York Hotel Trade Council, heard hours of testimony detailing how New York’s tipped subminimum wage fuels unstable paychecks and poverty for thousands of workers, particularly women, across the state.

“People want to work hard at a place where they feel valued,” said Amado Rosa, a tipped worker at a Thai restaurant and a member of Make the Road New York. “Being paid $4 or $5 an hour does not make a worker feel validated and does not generate enough income to support a single person or a family. I have faced many hardships over the years, and my anxiety stemmed from not knowing what my take-home pay would be in a given week.”

The poverty rate among New York’s tipped workers is more than double that of the regular workforce. Seven states across the country have adopted policies requiring employers to pay tipped workers the full minimum wage and have shown that eliminating the sub-minimum wage reduces poverty without slowing job growth. In fact, according to projections by the National Restaurant Association in their 2014 Industry Forecast, all of the states that require employers to directly pay the full minimum wage to tipped workers are expected to have greater restaurant job growth than New York in the next decade — in most cases, much greater.  Tipped workers are already being paid $9 or more in California, Washington and Oregon, and will soon be getting raises to over $9 in Minnesota, Hawaii and Alaska.

“More than 3 million New Yorkers work low-wage jobs, and they need our state government officials on their side,” said Michael Kink of the Strong Economy for All Coalition. “New York needs a one-two punch for good jobs: a big increase in the minimum wage, and elimination of the second-class sub-minimum wage for tipped workers. This combination could boost the paychecks of millions of workers and help revive the New York economy from the ground up — the Wage Board should take direct action to provide one fair wage to a quarter-million tipped workers to get us moving now.”

Advocates who testified at today’s hearing are members of Raise Up NY, fighting for #1FairWage, a coalition comprised of tipped workers, the National Employment Law Project, Make the Road New York, the Center for Popular Democracy, Fast Food Forward, New York Labor-Religion Coalition, New York Communities for Change, ROC-NY, ROC-NY affiliate of Restaurant Opportunities Centers (ROC) United, Strong for All, United New York, Citizen Action New York, Tompkins County Workers Center, Worker Center of Central New York, Metro Justice, Coalition for Economic Justice, Alliance of Communities Transforming Syracuse (ACTS) and other community groups and advocates around New York State calling for the elimination of New York’s sub-minimum wage for tipped workers.

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This article is the second part of a series of conversations with contributors to the demands of the Movement for Black Lives. Part One was on reparations. 

In July 2015, more than 2,000 members of The Movement for Black Lives—a group composed of more than 50 racial justice organizations—convened in Cleveland to recognize the violence committed against Black people in this country and around the world. At the assembly, participants decided the Movement needed to form a coalition that articulated concrete ways to build a more equitable society. Six legislative platforms emerged that covered issues like economic justice, reparations, political empowerment, and divestment from policing and incarceration. In their Invest-Divest platform, the authors called instead for investment in programming, like restorative justice initiatives, that would decrease incarceration and strengthen communities.

We’ve come to accept policing and incarceration as catch-all solutions.

According to the Brookings Institution, White Americans are equally likely to use and more likely to deal drugs, while African Americans are more likely to be arrested, convicted, and sentenced harshly. For U.S. residents born in 2001, the Bureau of Justice Statistics predicts that 1 in 111 White women will go to prison in her lifetime, while 1 in 18 Black women will. For White men, the likelihood is 1 in 17; for Black men, 1 in 3.

“At the heart of the Invest-Divest demand is the recognition that our city, state, and federal budgets reflect the dehumanization, and the degradation of Black life through lack of investment in anything besides Black incarceration or surveillance,” says Marbre Stahly-Butts, co-author of demands from the Invest-Divest platform that call for reallocating government funds from law enforcement to long-term safety, and decriminalizing drug and prostitution crimes.

Stahly-Butts, a facilitator of the Cleveland convening and deputy director of racial justice at the Center for Popular Democracy, explains that our current criminal justice system is based on a premise of comfort, rather than of safety: Instead of addressing the roots of uncomfortable issues such as drug addiction, mental illness, and poverty, we’ve come to accept policing and incarceration as catch-all solutions. This disproportionally affects African Americans.

Here she discusses why divestment from the prison and military industries is as critical to a just future as investment in public institutions.

The following interview has been lightly edited.

Liza Bayless: How does the Invest-Divest platform play into the Movement for Black Lives?

Marbre Stahly-Butts: The call for Invest-Divest has been at the center of organizing and activism work for at least the last decade, if not more. Since slavery, but especially in the age of mass incarceration in the last 30 or so years, [there has been an] incredible increase in the amount of spending that goes to police departments—to cages, prisons and jails, corrections offices, military equipment, and surveillance equipment. At the same time, [there has been] divestment from the social safety net, from social services and education to affordable housing.

What makes our communities safe is not more guns, more police, or more cages.

What makes our communities safe is not more guns, more police, or more cages, but employment opportunities, safe housing, jobs, education, restorative justice. To live in the world we’re envisioning requires a real investment—both by private parties, but also by public dollars.

Bayless: In August, the Department of Justice announced it would end use of private prisons. How significant is this step?

Stahly-Butts: It’s an important step and in many ways a symbolic step, but I think it’s essential that states follow suit. The caging of our people actually happens on a local level, and so the same week that the Department of Justice made that announcement, I believe in Florida they decided to continue contracts with local prisons and, in fact, expand them.

Most of our people are kept in public facilities, so there’s a real need to decarcerate and not just de-profitize. It would matter a lot if U.S. Immigration and Customs Enforcement did it, because that’s, in fact, where most of the [prison] beds are.

A month [after the announcement], the Department of Justice released guidelines around its increased funding of police officers and officers in schools. So it’s important to realize that the criminalization—and the incarceration—of our people really is something that the government has not divested from, and in some ways has actively continued.

There’s a lot of work to be done, but I was pleased about implications of ending those contracts.

Bayless: Usually we hear from organizations about investment more than divestment. What makes the concept of divestment so important to this platform?

Stahly-Butts: I think that we see a general narrative on the left around the need to increase infrastructure and investment. Obama, Clinton, and other progressives constantly affirm their commitment to investment strategies, whether it’s health care, job programs, or educational funding. But the divestment piece is essential to a conversation around the livelihood, wealth, health, and survival of Black, brown, and poor communities.

There has to be a conversation about real solutions to incarceration.

If we continue to lock up and put one of every three Black men under police control; if we continue to incarcerate Black women at the highest-growing rates; and continue surveillance and denying people [driver’s] licenses and housing opportunities when they are out of incarceration, [then] we’re undermining our investments if we’re not also divesting from these systems that have led to this mass criminalization of folks for behaviors that often have nothing to do with public safety. 

Bayless: The topic of mass incarceration has been at the forefront of the country’s conversations about racial injustice. Is there something missing from that discussion?

Stahly-Butts: It’s essential that we talk about the entire purview of things that don’t belong under the criminal code, from the way poverty is criminalized to the ways homelessness is criminalized. Even in Florida, wearing saggy pants [has been criminalized].

There has to be a conversation about real solutions to incarceration, and not just changing the practices of putting people in cages, but also changing the entire orientation for communities that criminalize them en masse, that have police in schools, that believe that the only answer to mental health and other issues is cages and handcuffs. There’s a real need for cultural change and a social conversation about the roots of the system, and other ways to deal with these issues that is not state violence.

Bayless: By focusing on decriminalization of certain crimes—in this case, nonviolent ones such as drug and prostitution crimes—as fundamentally different from “violent” crimes, is there a risk people convicted of the latter could end up with harsher sentences?

Stahly-Butts: There’s a false dichotomy between violent and nonviolent crimes. We often talk about it as if there’s some fine line, but in fact every state, every city defines that differently. Whether we’re talking about crimes that hurt people or impact property, or crimes that are about mental health or drug addiction, the idea of investment is key to all of them.

Folks are working locally to realize what it means to build alternative structures to criminal justice.

If we use the money that we’re currently using to cage people, and take the literally trillions of dollars to invest in the well-being of our people—in jobs, education, trauma-informed services, restorative justice—we would see a real addressing of all sorts of social issues, including the ones that make people less safe.

Bayless: Anything else you’d like to add about this platform?

Stahly-Butts: Folks are working locally to realize what it means to build alternative structures to criminal justice, to divest from policing and invest in communities. Despite the past two years—where we’ve seen literally dozens of Black folks be killed on video, and uprisings in communities from Baltimore to Ferguson—we’ve seen incredible movement and energy.

By Liza Bayless

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Francisco Aguilera has worked at the Express on Bay Street in Emeryville, California for the past year and a half. “I do a little bit of everything,” from running the register to folding and arranging clothes to working in the stockroom in the back of the store, he says. Soft-spoken with an open smile, Aguilera is what many people picture to be the typical retail worker: someone putting in a few hours in the evenings at a shopping complex while attending college during the day. He likes his job well enough, though he notes it can be tiring to work until 9:30 or 10:00 at night and then find time to do his schoolwork.

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