Minimum wage expert Dave Cooper said on a recent podcast episode that the DC Council’s September 17 hearing on DC’s Initiative 77 was “probably the craziest city council hearing/state-level policy hearing I’ve ever been to, and I’ve testified in a bunch of different places.” DC Council Chairman Phil Mendelson was, as Cooper noted, hostile to anyone speaking in favor of upholding the initiative and raising wages for tipped workers. Observe Mendelson interrogate Sophia Miyoshi, for example, a five-year veteran of DC’s tipped-wage workforce who helped run the “Yes on 77” campaign. As the video below shows, Mendelson looked her up on social media and used the fact that she had recently moved and hadn’t updated her Facebook and LinkedIn pages to try to discredit her testimony.
Miyoshi’s voice is an important one, especially given the “No on 77” campaign’s constant refrain that we should #ListenToTippedWorkers. It is true that a number of servers and bartenders have spoken out against receiving a raise. But in addition to their arguments’ inconsistency with the facts, these workers comprise an unrepresentative subset of employees in DC’s tipped industries. For one thing, a full 27 percent of DC’s tipped workforce labors outside of the restaurant industry. Nathan Luecking, a high school social worker in Ward 8, testified that the tipped jobs most commonly available to the parents of students he works with are not in “the higher-end restaurants uptown,” but as “hairdressers, nail technicians, parking lot attendants, and food delivery drivers.” He noted how one student’s parent, who works as a hairdresser, “does well on tips when folks have money to spend, like back to school or after tax refund season. However, for the rest of the year, she struggles to make predictable income, and some months she can’t pay her rent or utilities on time.”
For another, most of the servers and bartenders who comprise 40 percent of DC’s tipped workforce have different experiences than the people wearing “No on 77” pins. “Many of those who oppose Initiative 77 have been in the restaurant industry for 15 to 20 years and have been treated well by their bosses,” former DC tipped worker David Sexton, who also testified on September 17, pointed out to me after the hearing. “It’s great that the system has worked out for them, but for the majority of tipped workers it has not.”
Because of fears of employer retaliation, the voices of this lower-wage majority of tipped workers have been underrepresented in DC’s debate. Even when employees and bosses have a strong relationship, employees rightfully worry about taking public political stances their bosses might not like. Will it affect their shift schedule or their next request for time off? Will they be less likely to get a raise or a promotion? The safer route, if you’re struggling to make ends meet and don’t want to rock the boat, is to stay quiet. When bosses invite campaigns into their workplaces to spread misinformation and employees feel overt pressure to take certain stances – as multiple witnesses testified they did – is it any wonder more haven’t spoken out? Thea Bryan, one of the brave tipped workers who has been vocal in her support of Initiative 77, was fired shortly after giving a speech on the issue.
For those interested in hearing them, however, we now have ample documentation of these workers’ voices. Well over a dozen people who have spent time working in tipped jobs in DC courageously stepped up and testified publicly at the hearing.
“Many former tipped workers might have stayed in the restaurant industry if not for the hostility, wage theft, and abuse they faced, which is in no small part a result of the failed subminimum wage model,” Sexton told me. These are some of their and current tipped workers’ stories, in their own words.
Eric Harris Bernstein
“I have been a bartender most of my adult life. I have bartended in five cities, including for two years right here in DC, where I made a base wage of around $3 per hour. Now that I am pursuing my graduate education in the Bay Area, I have returned to bartending in order to support myself. In my current position, like all tipped workers in California, I make the full minimum wage – in my case, $13.23 per hour. I make that in addition to tips, which hover between 17 and 22 percent of sales.
I told this to a friend who bartends in the Penn Quarter and he was shocked. He had assumed, based on the National Restaurant Association’s talking points, that tipping had disappeared in California. That is the degree to which NRA scare tactics have defined and misdirected this debate. I am here to correct the record.
I am here to tell you that this additional base pay will make an enormous difference in the lives of your constituents, as it has in my own. It will lift families out of poverty, as it has in other fair wage cities and states. And it will improve the restaurant industry, as it has in booming fair wage restaurant towns like Seattle and Portland.
I’d also like to correct the record on another matter. A number of councilmembers have stated that current law guarantees DC’s tipped workers the full hourly minimum wage. It does not. Under current law, if a DC restaurant worker earns $300 in tips on Friday, but earns no tips on Monday, they are earning just $3.89 for each hour they worked that day. The balance between the tipped minimum wage and the full minimum wage is not made up by the restaurant but is pulled out of the $300 already in that worker’s pockets.
In other words, the current system pulls tipped workers down towards the minimum instead of building them up beyond it…Restaurant workers have a right to a reasonable base pay that does not eat into their tips. No other industry is exempt from this obligation.”
I have been bartending on and off for many years…Most recently I have been working at a well-established restaurant in Ward 3 called Arucola. On a recent Saturday night when it was pouring down rain I made S27. Not because no one was tipping but because it was dead due to the torrential downpour outside. Tell me, do any of you get paid less because the weather is bad? $3.89 is not a fair wage and it doesn’t make up for times when business is slow, like January, February, August, when it’s raining, when it’s snowing. Workers deserve a fair hourly wage to help offset the slow times…
There has been a lot of conversation as to why more tipped workers aren’t speaking out in favor of this initiative. I can give you my personal experience, which is the endless harassment I have received. There has been a concerted effort to find out where I work. Per the threats people want to come in and not tip me or get me fired. I have felt the wrath of other coworkers, with whom I generally have had great working relationships, only to hear them make false claims about Initiative 77 being a push to stop tipping. This is untrue. The misinformation on this has been ubiquitous and unyielding. Interesting that the same coworkers fighting against this were just weeks later complaining about not being able to make ends meet with their tips. Fearmongering of the loss of livelihood has caused many to engage in vitriolic rhetoric against anyone who is perceived as a threat.”
“I’ve been living here in DC since 2009 and I’m a current tipped worker in Ward 5. I’m here today not only as a restaurant worker but also as a deeply concerned citizen, to urge the city council to respect the will of the voters and vote no on this preposterous bill named “Tipped Wage Workers Fairness Amendment Act of 2018”…
Quite frankly, I could sit here and tell you all the stories, statistics, and data, both anecdotal and scientific, but…you’ve heard them all, we’ve been having this conversation since 2012. This personally is my third time testifying on behalf of raising the tipped minimum wage here in DC.
So instead, here’s something you haven’t heard much. In fact, this is why I’m fighting for the elimination of the tipped minimum wage. My dream, ever since I started in the restaurant industry, has been to see the day that my industry is ‘professionalized’…This is what I love to do and this is what I am passionate about.
“I am a DC native who grew up in Ward 6, moved to Ward 4 and then returned to Ward 6…I have been a part of the restaurant industry here and in California for over a decade…
As the daughter of a refugee, I prioritize the folks who work support staff roles…and do not make 60k or 80k a year in this industry; the folks who came to DC not because of the trendy restaurant scene but because of other global forces; the folks who if they lose their jobs, cannot just bounce to the next one; the folks who make restaurants run but who aren’t up front and center; the folk who might not speak English as their first language; the folk who like my father cannot vote in the U.S. because of immigration status or incarceration. These are the folks who are overwhelmingly victims of wage theft, who will not bring up to an employer that they did not receive minimum wage because this would cost them shifts or their job entirely.
To be clear, I am not one of those people. I was born with skin color privilege, the “right” nationality and the “correct” native language. But these folks are my blood and chosen family. I say all this not because they need me to “save them” or their tips or to speak for them, but in solidarity with workers whose voices were never heard in the conversation. I talked with these folks; I listened when they told me it did not matter if they spoke up or they were too scared to given the racist administration we are facing or they did not trust in the council to not overturn the initiative. Yes, industry people were split but the electorate heard these lost voices. You apparently did not, just as you are choosing to ignore voices of the electorate.”
“I voted ‘No’ on Initiative 77. However, I am here today to defend it. Since the election, I have come to read and understand both sides of the issue, and I believe that many of the arguments against it were false. Furthermore, I believe the fundamental duty of a modern democracy is to respect the voice of the people. Implementing 77 is an opportunity for us Washingtonians to do just that.
For 8 years, I have worked as a professional in the service industry…
Often, our livelihoods as service workers are jeopardized by the uncertainty of what we might make that night. The minimum wage wouldn’t erase this uncertainty, which restaurant workers broadly acknowledge, but it would be a step in the right direction. Now, our tenuous tips put us in precarious situations. We are at the mercy of unpredictable generosity of guests, which subjects us to toleration of all kinds of bad behavior.
When the #metoo movement began to swell online, I laughed away the thought of posting my own experiences. Why would I? Harassment is nearly a daily issue. Tipsy guests misread my friendliness as an invitation for advances. But I just need their money. Men take advantage of a crowded room to grab me. And I just need their money. People yell insults about my intelligence or my body. And I still need their money. This is my income. Guaranteeing a stable base wage would be a step towards professionaIizing this industry and giving restaurant workers Iike me the respect that we deserve.”
“I live in Petworth and I am a registered voter in Ward 4. I am also currently employed as a restaurant server, and I have worked in the industry for more than 15 years spread across my working life, including nearly 6 years here in the District. The proposal to overturn the will of the majority of voters who supported Initiative 77 not only threatens the benefits I expected to gain as a restaurant worker by having my industry (finally!) upgraded to 21st century labour standards, but also directly threatens to flush my own vote in favour of the initiative down the toilet, along with those of the other 47,229 voters who will be retroactively disenfranchised by such a move, especially in wards whose demographics are most representative of the most vulnerable workers in the District…
I began my first restaurant job as a high school student in downriver Detroit in the 1980s. The so-called ‘tipped minimum wage’ then , in the 1980s, was about $1.85/hr federally. Today, in 2018, more than 30 years later, it still sits at $2.13 an hour. That’s basically an increase of one penny a year over three decades – it’s practically a world record in wage suppression and it’s only been sustained due to the unbending resistance by the powerful lobbying group known as the ‘other NRA,’ the National Restaurant Association…
I have a great deal of sympathy for the genuine fears of some of my coworkers in the industry, but I submit that these fears are based on projections based on NRA propaganda in this post-truth climate, and not based on facts.”
“I’ve been working in the hospitality/service industry for 11 years…I’m currently the lead server-slash-banquet captain at Dirty Habit DC…
I am a strong supporter of Initiative 77. I support the initiative for several reasons, but most importantly because restaurants must now make staffing decisions that both benefit the restaurant as well as its employees. Washington DC’s restaurant market is highly competitive with new restaurants constantly opening. Business owners often find themselves scrambling to fully staff their restaurant with qualified and talented individuals. Due to the oversaturation of restaurants, managers and owners are instead hiring less-experienced staff. This results in overstaffing in order to accommodate the lack of experience. Restaurants do not currently take into consideration overstaffing because of how low the wages are for their front-of-the-house staff…
With Initiative 77, the wage increases will be a benefit to guests, employees, and business. Managers can now construct hiring and floor plans with the goal of hiring talented, experienced employees…With the greater talent, less tipped employees can cover the floor…With greater talent, guests enjoy the dining experience without preventable hiccups in service. With greater talent, employees are happy with their wages, empowered to push farther in their hospitality careers, and refer others to work in such a beautiful field. Initiative 77 is a win for everybody involved in the hospitality industry.”
“I am a Ward 7 resident, a former tipped worker, and the Director of DC Working Families. I am here today to testify in support of one fair minimum wage and against the proposed legislation to repeal it.
When voters go to the polls, we expect our decisions at the ballot box to be respected. When Republicans in Congress have attempted to interfere in our local decisions, we have stood up against their efforts, regardless of where we stood on the issue, because we understand it’s important to respect the democratic process.
For many of us, this isn’t just about defending a fair and equitable raise for tipped workers, it’s about defending our decision at the ballot box. One that voters took very seriously.”
Pearl Rose Hood
“I have worked as a tipped worker for nine years at a variety of establishments…From my very first job, and through the years, I have been distraught by the income instability and by employers’ lack of empathy in following regulations put in place to protect workers’ well-being. I experienced wage theft at Woodberry Kitchen, owned and operated by Spike Gjerde, where we tipped out a portion back into the house, so back into the pockets of its millionaire owners…
I have worked as a bartender, server and as support staff; as a busser and food-runner. I can say that support staff, who also depend primarily on tips, are typically paid much less. Support staff are often immigrants, people working more than one job, supporting many others. I don’t believe they are being fairly represented today.
I have been pressured to vote no on 77. My most recent employer required us to hand out “vote no” cards with every customer’s check. I received numerous emails detailing how to email my councilmembers and testify against Prop 77. I know of an industry colleague who was fired from her position in southwest [DC] because she would not solicit customers to vote no.
I believe there is misinformation and fearmongering from the part of employers and restaurateurs. Tipped workers, especially the lowest-earning ones, are scared for their livelihoods to a degree that keeps them from feeling able to speak up.”
“I have been a valet driver for 4-and-a-half years. I’ve lived and worked in DC most of my life and I currently live in Ward 7.
When I first started working as a valet, I was paid $7 an hour plus tips. Now, 4-and-a-half years later, I still have not gotten a raise. Even though I have asked many times, they typically make up excuses like saying it’s not in the budget, and even one time they simply refused. Yet at the same time I have witnessed multiple increases in valet rates, and as I also noticed, when the valet rates went up, my tips went down.
I enjoy working at the hotel and all of the relationships that I have built. I have met so many amazing people, guests, co-workers and even celebrities. I have stayed at my job because I like it, but as a professional, I feel undervalued.
When working, I am required to “post up,” which means stand up straight, don’t lean for hours, have a smile on my face, greet every guest who comes to the hotel, and I’ll get 100% on my shop score if I add ‘I’ll be happy to.’
How can I be happy to make our guests happy if my company won’t take care of me? I live in a city where the cost of living is constantly going up. Rent, food and transportation continues to increase while my wage stays the same. If our guests can afford $50+ for parking then my company can afford a livable wage for me.”
“I have worked in the restaurant industry primarily as a tipped worker for seven years, and throughout this time I learned that working in this industry is hard work that requires physical, mental, and emotional labor. I also learned that it is one in which abuses, biases, and harassment can run rampant. On top of the intensity of the work we also have to endure sexual harassment from customers, coworkers, and even bosses, racial discrimination in hiring and promotional practices, immigration threats, wage theft, and general daily abuses.
Because of what I experienced and witnessed working in restaurants, and all that was tolerated and normalized, I wanted to do what I could to improve the industry that I hold so close to me. I became a member at the Restaurant Opportunities Center and eventually left the industry to be brought on as a community and worker organizer, which is my role today.
I am here in support of Initiative 77…
Restaurant work is a profession, and therefore, in the restaurant industry, we should be treated as professionals. Working in the restaurant industry has been highly devalued and many people do not see or treat these jobs as a career. It is not possible for our industry to be truly professionalized when we are being paid $3 to $5 an hour. Professionalism starts with professional wages.”
Nteboheng Maya Mokuena
I am a Ward 5 resident and I am here to testify in support of Initiative 77.
Not only am I climate and racial justice organizer, but I am a former tipped employee. While some bartenders and waitresses may earn more than $15/hour with tips, that is not the case for many tipped workers in DC. I know specifically when I worked in different cafes that there would be nights when I would take home $2 in cash after splitting it with my fellow employees. My income insecurity as a tipped employee meant not only living paycheck to paycheck, but that in order to earn more tips, I did need to endure more sexual harassment, I needed to wear more makeup, and I needed to take on more shifts while maintaining my status as a full-time student at American University…
It’s important for workers to not have to depend upon the graciousness or harassment of customers to receive living wages — that is the responsibility of the government and our employers.”
I happen to be a bartender…Last week my “sister” suffered an emotional breakdown at work. She was at her breaking point to be at work on a day/shift where all of us (2 bartenders and 6 servers) were on the floor for at least 3 hours with no patrons due to bad weather. The indifference displayed by the management to all staff that was in clear economic anxiety was the straw that broke the camel’s back. To hear ‘it’s just one bad day, it’ll pick up later on in the week’ is not a comforting response when you’re living on an economically precarious shift to shift pay cycle…I’d learn later on that she had become homeless due to the economic instability of being a tipped service industry worker and that all of her belongings were to be auctioned off that day. She was counting on coming to work and being able to earn an income that day, but when your income potential is put at the mercy of unpredictable factors such as weather, unfair scheduling, and whims of generosity from strangers it’s in reality economic roulette each shift.”
“I am a Ward 4 Resident. I was a tipped worker in D.C. for 2 years. I left last fall in part because of the unsustainability of the work.
I am here to testify in support of the full implementation of Initiative 77. As a former tipped employee in the District of Columbia, I found that the current wage system is volatile and hostile to workers. The subminimum wage of $3.89 per hour is little more than a tax buffer, meaning tips are the only way for servers to make ends meet. When the cost of labor is subsidized by customers, pay becomes unpredictable and can change every period. Anything from weather, illness, or a customer’s mood could impact my tips. A bad night or week meant working more shifts the next, leading to irregular schedules and unpredictable results. This lack of a safety net often led to difficult decisions. Without a fair wage, I felt compelled to go to work sick because I was afraid to lose the money. As a Type 1 Diabetic, I often worked through episodes of high and low blood sugar when I should have taken a break or gone home because I knew that I could not miss that opportunity to make money.
Under a tipped wage system, many workers also make less than minimum wage whenever they work outside of a service period. For example, at one tipped job that I held last year, up to a quarter of my shifts were spent opening and closing the restaurant before and after service. Because there were no customers during this period, my colleagues and I earned less than $4 an hour for our hard work. This drags down the average wage, forcing us to borrow from our ‘good shifts’ to offset paltry earnings. It’s an unequal system that requires workers to maintain the owner’s property and get little in return. It’s an unfair, two-tiered wage system that no white-collar employee would accept. Tipped workers deserve the same…
The movement to repeal Initiative 77 has been bankrolled by the National Restaurant Association, management consultants, and is backed by people like Mark Meadows in the House Freedom Caucus. When powerful interests publicly claim the initiative is unaffordable and spend hundreds of thousands dollars pitching to progressive voters, I have to wonder if they care about the many or the few.”
I live in Maryland and work in DC. I [have been] working in [the] hospitality industry for 15 years in various positions.
I would like to bring the following to your attention in support of Initiative 77…
People voted for Initiative 77 in the same ballot that many of you were selected to represent us.
Your victory and the Initiative 77 victory are each side of the same coin. You cannot take one and ignore the other…
It is simple math that $15 per hour with tips will give more earnings than $3.89 with tips. In the states where one fair wage is implemented workers get tips in addition to the one fair wage.”
“I’ve lived in DC for 6 years and I am a Ward 1 resident. I worked in the restaurant industry in DC for 3 years first as a runner and later as a bartender. However, this past June, after the election, I transitioned out of the industry. I believe this is significant. I am speaking here today because I am no longer at risk from unfavorable treatment from an employer and there’s several people still in the industry who support 77 but don’t feel comfortable speaking out against it in the face of “Save Our Tips” posters. So I’m here today to uplift those voices…
My own experiences working in the service industry show why initiative 77 would be a positive change for service workers.
When initially hired as a bartender, I earned $7 an hour plus tips, but about half a year into the job, our employer suddenly lowered the base wage to $3 an hour. That’s over a 50% decrease in base wage because our tips were quote unquote “high enough.” This dramatically lowered my expected earnings and affected my financial planning and security. About half of our staff quit. I considered leaving but was in in the middle of pursuing a degree and not in a position to search for a new job, so I had to rearrange my finances and cut back on spending to deal with the decrease in earnings.
Now, the company was not wrong for doing this because it was completely within their legal right. However, workers should not be subjected to this kind of unpredictability in earnings, whether it’s from changes to their base wage or from other characteristics in the industry such as inconsistencies in tippings throughout the year. With I-77, a stable base wage would prevent such unpredictability.”
I am a 70-year-old African-American woman who has raised my children by myself (I have three sons). I was born and raised in Washington, DC and have worked in DC as a tipped worker all my life. I now live in Prince George’s County. I work very near here, at two very prominent places, providing food service and receiving a tip…
I discovered ROC and I supported many of the programs that they initiated, programs like ban the box, paid sick days, and their advocacy against sexual harassment in the workplace. I have been working to help them realize one fair wage and Initiative 77. So I was very happy on election night when I saw that we in fact had won when we were told we probably wouldn’t.
And when I hear you, Mr. Chairman, make the comment that you’ve heard the people, you’ve heard the workers, and the workers are all opposed to this – I’m a worker, 70 years old, working in this industry…For you to say that we’re saying ‘we don’t want this,’ that’s not the truth…
You’ve met with these people, not with us, the people who are for Initiative 77, but you’ve met with the people opposed to Initiative 77, and you’ve coached them, you’ve told them what to come here and say, and I am so disappointed in this kind of action.”
(Tucker’s allegations are accurate and confirmed by reporting in The Washington Post.)
If Phil Mendelson and his colleagues on the DC Council (particularly Kenyan McDuffie, Trayon White, Anita Bonds, Jack Evans, Vince Gray, and Brandon Todd) were truly interested in listening to tipped workers, these stories would give them pause. If they were truly interested in the facts, they’d take a closer look at the evidence a plethora of researchers, clergy, businesspeople, women’s rights advocates, civil rights lawyers, worker advocates, public officials, and other DC residents also presented to them at the hearing, and on many other occasions. And if they were truly interested in representing the people of DC – rather than the wealthy business executives who have donated to their campaigns – they wouldn’t be trying to repeal what their constituents voted for.