Andrew Friedman

New Strategies to Enforce Labor Law

The New York Times ran an expose of labor abuses in New York supermarkets on February 12. The basic story is that hundreds of supermarket workers throughout New York City are not being paid for their work. In a clear violation of labor law, supermarket employees who bag groceries are paid no base wage and receive only spare change and tips for their work. One 70 year-old worker, Tomasina Nunez, was working thirteen hour shifts for as little as $16 a day!

This situation has been brought to light by the work of such organizations as the Retail, Wholesale and Department Store Union, the National Mobilization Against Sweatshops, and Make the Road by Walking. The Attorney General is currently investigating many of these abuses. Others are in federal court. Nonetheless, if we want to get serious about enforcing labor laws, there are three additional steps weshould take:

1) Many of the supermarkets that are breaking the law belong to supermarket chains or buyers' cooperatives. They are affiliated with big names like Associated Supermarkets or Pioneer Supermarkets. These industry heavies should do their part to end the exploitation in their stores by revoking their affiliation with any store that is violating New York State labor law. They should start by revoking their affiliation with the Associated Supermarket on 229 Knickerbocker Avenue in Bushwick, Brooklyn, whose owner, Anthony Espinal, admitted breaking labor law in the NY Times article. This is the store where Ms. Nunez works.

2) Similarly, many of the lawless supermarkets are members of an industry association called the National Supermarket Association. As members, these stores receive numerous benefits, such as low-cost insurance. If the NSA is serious about putting an end to illegal practices in their industry they will commit to kicking any store or owner that violates labor law out of their Association. They, too, should start with Anthony Espinal of the 229 Knickerbocker Avenue Associated Supermarket.

3) New York City and State could crack down on labor violations by using their licensing power to help enforce labor law. The Restaurant Opportunities Center, and others, are advocating that restaurants, and other business, that break labor law should lose the licenses that let them stay in business.

Raising the consequences of exploitation for the exploiters is simply the only way to really crack-down on labor law violations that victimize tens of thousands of New York City workers.

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Posted at 7:58 AM, Feb 26, 2007 in Labor
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