Monthly Archives: May 2019

Feel the Bern and Vote for These Philly Judges on Tuesday, May 21

Last Sunday, Bernie Sanders published an op-ed decrying America’s system of criminal punishment for “effectively criminalizing communities of color.” Noting efforts already underway to end cash bail in Philadelphia under the leadership of community organizers and District Attorney Larry Krasner, Sanders urged “the citizens of Philadelphia [to continue this progress and] cast their votes for progressive judicial candidates in this month’s primary election.”

Voters can choose up to 6 of the 28 Democrats running to be a judge in the Philadelphia Court of Common Pleas. Knowing that Philly residents compelled by Bernie’s op-ed may be wondering who deserves their vote on May 21, I asked my sister Hannah, who closely follows criminal justice issues and is my moral role model, to provide specific recommendations. Hannah is currently getting her Master’s in Social Work from the University of Pennsylvania. She has extensive knowledge of the Philadelphia court system through both her past job in the public defender’s office and the activism she engages in with a variety of social justice organizations around the city.

Because Philadelphia’s Democratic judge pool leans conservative, there aren’t any candidates Hannah enthusiastically supports. There are, however, three judges she finds good enough to bullet vote for: Anthony Kyriakakis (#19 on the ballot), Tiffany Palmer (#23), and Kay Yu (#27). I have provided brief descriptions of those three candidates below.

Voting recommendations for Judge of the Court of Common Pleas in Philadelphia

#19, Anthony Kyriakakis (5th Ward): A lecturer at Temple Law and Penn Law, Kyriakakis is a private defense attorney and former prosecutor who says incarceration rates are too high, sentences are too long, and defendants are treated unequally along racial, gender, sexual orientation, gender identity, and class lines. He has been interested in representing low-income defendants since his time with the Harvard Defenders at Harvard Law and volunteers as a pro bono Child Advocate in family court. Campaign website: https://anthonyforjudge.com/

#23, Tiffany Palmer (9th Ward): A daughter of public school teachers, Palmer began her career in 1998 as a public interest lawyer at the Center for Lesbian and Gay Civil Rights and soon became the organization’s legal director. She co-founded the private family law firm she currently works at in 2003 and has won numerous awards, including being named one of the nation’s “40 Best LGBT Lawyers Under 40” in 2011. She says her “own experience with having her long-term partner treated as a legal stranger has shaped her commitment to fairness, inclusion, and equal treatment under the law.” Campaign website: https://palmerforjudge.com/

#27, Kay Yu (15th Ward): Yu’s own experience as an undocumented immigrant has informed her advocacy for increased ballot access and voting rights. While she is an employer-side lawyer in private practice, she has also chaired the Philadelphia Commission on Human Relations for four years and worked to update Philadelphia’s civil rights policy. She won several awards in 2018, including being named Attorney of the Year by the Asian Pacific American Bar Association. Campaign website: https://www.kayforjudge.com/

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Filed under 2020 Election, Poverty and the Justice System, Race and Religion, US Political System

Boycott the Anti-Worker Surcharge

Workers in the Fight For $15 movement have sparked dozens of minimum wage increases over the past six-and-a-half years. Workers have also won the battle of public opinion: even the majority of Republican voters now support their efforts. But businesses who profit off low wages, particularly those in the food industry, aren’t ready to concede defeat. When they’re not hoodwinking media outlets with an astroturf group that pretends to represent workers’ interests, restaurants are campaigning hard against higher wages at the point of service.

Adding a small surcharge to your bill is one aspect of restaurants’ anti-worker campaign. Those that employ this practice should be boycotted.

What is the surcharge and where might you see it?

The surcharge is an added cost that a business links to pro-worker legislation. It is presented differently in different establishments. Customers who look closely may just see a line item that says “living wage surcharge” or “mandates surcharge” when they get their checks. Some restaurants may put a note about the charge in small font at the bottom of their menus. Others may put up a sign explaining the added costs.

Signs and menu notes often assert the organization’s support for the benefits that ostensibly led to the surcharge. Don’t be fooled. The note, and the charge, are designed to prejudice customers against living wage policies.

How do we know the surcharge is anti-worker?

Consumers don’t like surprising add-ons; when you go somewhere expecting to pay menu price and then end up needing to pay more, you’re usually annoyed. Business owners who put a surcharge on their menus know that and want you to tie your annoyance to legislation that makes them compensate their employees more fairly.

Note that the labor involved in making, selling, and/or serving a product is only one of many factors that influence a product’s price. The cost of purchasing the ingredients or materials needed to make a product matters, as do rent, utilities costs, advertising spending, and a variety of other business expenses. Have you ever seen a “rent increase surcharge” on a menu? How about an “advertising fee?” Since a business owner’s desired profit may be the biggest factor in the prices that business owner sets, the most honest note on a menu would probably be something along the lines of: “The price of this hamburger is $15 because of the lifestyle of Mr. Smith, the owner of this restaurant and four other restaurants in the city, who lives in a $1.5 million house, drives a Porsche, and is looking forward to his three-week stay at a Hawaiian resort this summer.”

That’s not to say it’s necessarily unethical for businesses to raise prices after a minimum wage increase. While minimum wage increases don’t tend to influence prices very much – in part because they can lead to a higher volume of sales (due to increased demand for businesses’ products), efficiency gains (e.g., lower turnover), and/or more equal distributions of wealth within companies (by shifting profits from owners to workers) – it’s reasonable for prices to be one channel through which businesses with small profit margins absorb added costs. But it is both unreasonable and unethical for a business to itemize labor costs and nothing else. When you see a wage surcharge or note tying price increases to wage increases on a menu, what the business is really saying is that, if it weren’t for the law, they’d be paying their workers a more exploitative wage. And that they’re hoping your annoyance about the surprise charge they’ve added will convince you they should be able to do so.

How can you challenge the surcharge?

The next time you see a business embracing this practice, ask to speak to the owner. Explain why their policy is unacceptable and ask them to change it. If they refuse, let them know that you’ll be boycotting their business until they change their mind. Then leave a note in the comments of this post or send a direct message to @BenSpielberg on Twitter to get the business added to the list below.

CALIFORNIA RESTAURANTS TO BOYCOTT

San José

Ike’s Love and Sandwiches
510-309-9909
aizleforhr@loveandsandwiches.com
Submitted by: Ben Spielberg

Ike's.png

Notes: I emailed Aizle Alejandrino, their HR specialist, who wrote back on March 6, 2019 that, “After some discussions, our corporate team has decided to pull the surcharge by end of Q1.” On April 10, however, their surcharge sign was still up in the branch I visited and none of the employees knew about the corporate team’s decision. I emailed Aizle to ask for clarification. On May 2, Aizle wrote: “We are still working on this. Please be patient with us.” I asked for clarification on May 2, May 14, and May 30 and have yet to hear anything more.

Village California Bistro
408-248-9091
john@thevillagebistro.net
Submitted by: Ben Spielberg

Village Bistro

Notes: I emailed management and they never responded.

Zona Rosa
408-275-1411
dine@zonarosasj.com
Submitted by: Ben Spielberg

Zona Rosa

Notes: I emailed management and they never responded.

San Francisco

Greens Restaurant
415-771-6222
info@greensrestaurant.com
Submitted by: Ben Spielberg

Greens

Notes: I had a nice email exchange with Min Kim, their general manager. Min said they support all the pro-worker legislation in San Francisco and said “I do understand your push to include costs in the menu. But, I also do believe you and I would not be having this conversation if it wasn’t separated.” Min indicated interest in discussing the issue further but has not responded to my follow-up emails.

Palo Alto

Local Union 271
650-322-7509
hello@localunion271.com
Submitted by: Ben Spielberg

Local Union 271

Notes: I emailed management and they never responded.

Mayfield Bakery and Café
650-823-9200
info@mayfieldbakery.com
Submitted by: Ben Spielberg

Mayfield.png

Notes: Founding Partner Tim Stannard wrote to me that “The issue of labor surcharges is a difficult and thorny issue for us…It’s probably too complex to go into in an email, but if you send me your phone number I’d be happy to give you a call to try to explain.” Tim left me a message and said he was interested in chatting about the issue but then stopped returning my emails and follow-up calls.

WASHINGTON RESTAURANTS TO BOYCOTT

Check out this comprehensive list from Working Washington.

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Filed under Business, Labor