Violence at early morning wage theft demonstration


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photo courtesy of Fuerza Laboral

An early morning “trick-or-treat” themed anti-wage theft action at 23 Julian St. in Providence, the home of Juan Noboa, was met with violence Saturday morning as Noboa allegedly assaulted one of his former workers with a baseball bat. About two dozen demonstrators arrived at Noboa’s door at 5:30 am, wearing costumes and carrying signs, there to demand that Noboa pay his former employees the $3,691.35 the Rhode Island Department of Labor and Training deemed to be owed on June 30th, a small fraction of the $17,427.00 in unpaid wages that workers claim to be owed.

To date, Noboa and his partner, Jose Bren, have not paid, necessitating Saturday morning’s action. Instead of paying, Noboa came out swinging with a baseball bat.

According to Fuerza Laboral community organizer Phoebe Gardener,

In our early morning wage theft action today, former Café Atlantic restaurant owner Juan Noboa physically assaulted one of the worker leaders, Flor Salazar, with a bat, hitting her three times in the arm and shoulder but aiming for her head. Flor was there with two other workers who Juan Noboa and business partner Jose Bren owe over $17,000 in stolen wages to. Café Atlantic workers have been organizing for 10 months for their wages, including a previous action at Juan Noboa’s house back in January.

“On June 30th, the RI Department of Labor issued an official order for Juan Noboa and business partner Jose Bren to pay just below $4,000 (only a fraction of the money claimed in their original complaints) to 4 of the 6 workers who filed complaints. It’s been 4 months, and Noboa and Bren still haven’t paid. Workers had no other option then to use community pressure to force Noboa to pay, and Noboa responds by assaulting workers.”

Flor Salazar was taken to the hospital where she was released after determining that she had no broken bones but two or three contusions.

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photo courtesy of Fuerza Laboral

When Providence Police arrived just after 6:30am, Noboa answered the door, according to Providence in Espanol, “screaming about the protesters.  Noboa then tried to run, and the police chased him in his home, authorities said… After the altercation, an officer [was] transported by a rescue vehicle fire department at Rhode Island Hospital with a possible broken foot.”

This was the second time workers demonstrated outside the home of Juan Noboa over this issue. Back in January workers went to Noboa’s home, and days later Noboa, through his lawyer, denied owing any money.

In a statement prepared before the action and before she was assaulted, Flor Salazar, who worked between 60 and 70 hours a week at Café Atlantic between August 1st and September 28th of 2014, said, “The DLT decision requires Café Atlantic to pay just a percentage of the total wages we are due, but we thought that Noboa and Bren would at least pay up now with an official order from the state. Workers won’t come forward if they feel that the DLT doesn’t have the tools to actually recover their wages. This isn’t just about our wages. This is about bringing justice for working families and single mothers.”

Wage theft is endemic in the restaurant industry in Rhode Island, yet there is very little recourse available to workers wanting to collect stolen wages. If an employee steals from their employer, they can face arrest and serious legal consequences. If an employer steals from an employee, there is little chance that they will suffer any serious legal consequences.

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photo courtesy of Fuerza Laboral
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photo courtesy of Fuerza Laboral
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photo courtesy of Fuerza Laboral

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RI workers to Wood Partners: Pay us our wages!


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Delivering the “citation”

Workers from Rhode Island and Massachusetts visited the Alta Stone Apartments in Melrose, developed and owned by Wood Partners, to demand payment for $34,000 worth of work done on the apartments at 72 Stone Place and 1000 Stone Place between July and October 2014. According to Fuerza Laboral, these workers were employed by a subcontractor hired by Wood Partners. As part of their demonstration workers delivered a “citation” calling on Wood Partners to pay workers their stolen wages.

According to Fuerza Laboral organizer Phoebe Gardener, “When workers formally brought complaints to the subcontractor for their unpaid wages in April 2015, Wood Partners denied all claims. Ten workers have submitted wage theft complaints with the Massachusetts Attorney General’s Office. Since the subcontractor has refused to pay and Wood was the ultimate beneficiary of the work performed, workers are holding Wood directly accountable for their unpaid wages.”

IMG_3714“They owed us money every week and didn’t pay us at all the last two weeks of work,” said Gianni Batres in a statement. Batres worked as a drywaller at the Alta Stone Place apartments. “This isn’t fair for workers. Wood Partners needs to be ultimately responsible for making sure that the workers who are hired by their contractors and subcontractors get paid.”

The workers previously demonstrated at the Hanover Development worksite at University Station in Westwood back in April.

Fuerza Laboral, along with sister organization Metrowest Worker Center, the Immigrant Worker Center Collaborative, Massachusetts Community Labor United, the Greater Boston Labor Council and other community and labor partners, “are working in more intentional ways to build campaigns around holding builders responsible for the working conditions of subcontracted workers,” says Gardener.

IMG_3706Gardener added that small subcontractors can easily change names or leave the state. Many builders use contractors and subcontractors that are based out of state to begin with, which means workers would have to travel out of state and deal with out of state agencies to recover their wages. Even if the court or the state decides that the subcontractor owes workers money, it can be hard to recover if the subcontractor moves or has no assets. When workers have tried to bring these labor rights violations to the general contractor, they are told that the general contractor is not responsible because the workers are not direct employees.

[This report is compiled from a press release and email correspondence with Phoebe Gardener.]

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Providence fights for $15; local march part of national day of action


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tax day 039On April 15th, Providence became one of over 200 cities to participate in a “National Day of Action to Fight for $15.”

In a two hour march through downtown Providence, nearly 100 workers and activists visited businesses engaged in wage theft, low pay and anti-unionization efforts. The event was organized through Rhode Island Jobs with Justice in collaboration with Restaurant Opportunities Center of RI (ROC-RI), Fuerza Laboral, Carpenters Local 94, SEIU Rhode Island, UNITE HERE Local 217, Direct Action for Rights and Equality (DARE) and IUPAT Local 195 DC 11 Painters.

The groups are “seeking a city ordinance that would require all companies getting tax breaks in Providence to pay workers a living wage of at least $15/hr, provide paid sick days, health benefits, and fair, predictable schedules.” They also want the city to “follow the First Source ordinance by hiring residents of Providence, prioritize hiring people from high poverty neighborhoods, and make sure that people working these jobs have a pathway to a real career by using apprenticeship programs.”

tax day 040The groups are also asking Mayor Jorge Elorza to live up to the campaign promises he made while still a candidate at a mayoral forum in South Providence, “to set up a community board with the power to approve/disapprove projects, take back money if companies aren’t living up to what they say they’ll do, and negotiate the construction of projects community members identify as needs, such as affordable housing, or fixing up an abandoned lot into a park.”

The Providence Police Department cleared the streets ahead of the marchers, who started their protest outside of Gourmet Heaven  on Weybosset St. This is the third time protesters gathered outside the restaurant, which is accused of stealing wages from employees here in Rhode Island in a situation similar to Connecticut where substantial fines have been levied against the company for wage theft. Two workers addressed the crowd, and spoke about the abusive working conditions they say they endured. One worker said he was told, when he demanded his pay, that if he complained the management would have him deported.

The marchers then walked a short way up the street to Cilantro restaurant, a chain recently fined by the US Labor Department for wage theft to the tune of $100,000. Oddly, a Cilantro worker met the crowd, offering tortilla chips and bottled drinks, which were refused. “We don’t want your crumbs, we want our money,” quipped Michael Araujo of ROC-RI.

The march then continued across the city to the Providence Hilton Hotel, owned by The Procaccianti Group, where hotel workers were already outside picketing. The two groups merged into a protest of well over 150 people. The workers at the Providence Hilton announced a worker-led boycott of the hotel, joining the boycott efforts of workers at the Renaissance Providence Hotel (also owned by Procaccianti Group.) Employees from the Omni Providence Hotel were also on hand to support the boycott effort.

City Councillor Carmen Castillo spoke to the crowd about her experiences working at the Omni Providence Hotel, which was owned by the Procaccianti Group when it was called the Westin. Since the Procaccianti Group sold the hotel, worker conditions have markedly improved. Also speaking to the crowd was hotel worker Santa Brito.

The protest then headed for the Providence City Hall, stopping along the way at the Subway sandwich shop attached to the skating rink. Here Jo-Ann Gesterling, a fast food worker from Wendy’s, spoke to the crowd. Gesterling has led previous at her store and was arrested last year in Hartford CT during a Fight for $15 protest there. Gesterling talked about the importance of raising the minimum wage to $15, and about the effort to improve working conditions at her restaurant.

The final stop of the march was Providence City Hall, where Malchus Mills of DARE called on Mayor Jorge Elorza to honor his campaign commitments and enforce the First Source ordinance, which prioritizes city hiring from Providence communities. Mills also called upon the City Council to demand fair wages and benefits for workers from companies seeking tax stabilizations from the city. Also speaking at the City Hall was Jeffrey Santos, member of Carpenters Local 94.

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Wage theft leaves victims few options other than protest


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DSC_9811The recent protest outside Juan Noboa’s Olneyville residence by restaurant workers claiming that they were owed thousands of dollars in unpaid salaries for work at his Café Atlantic restaurant has provoked conversation about the propriety of such tactics. Noboa, though his lawyer, denies any wrongdoing and claims that one of his children was “terrified” by the crowd outside his house. His lawyer added that dissatisfied employees should not “protest at a man’s home in the dark” and suggested that a suitable location for protest might be the now closed restaurant.

It is true that no one would be disturbed by a protest at a closed restaurant. For Noboa and other business owners accused of misconduct by their employees, such an event would be perfect, because the media would not cover it, and no one would have to hear the protester’s demands. Those targeted by such protests and their defenders like to point out that there are proper channels through which to make such complaints. The protesters outside Noboa’s home, with the help of Fuerza Laboral, did file complaints with the Rhode Island Department of Labor and Training, so we can all rest assured, it is argued, that once the system has run its course, justice will be served and Noboa will be compelled to pay, or not, depending on the Dept. of Labor decision.

Yet protests like these are not about one business owner who may have stolen wages from employees, or even about two restaurants (the other being Gourmet Heaven, located in downtown Providence and formerly on the East Side) that have closed suddenly, leaving their employees high and dry. These protests are about what Phoebe Gardener, a Community Organizer for Fuerza Laboral, called, “…a pattern of Providence-based food establishments intentionally cheating workers of their wages.”

Statistics on wage theft are difficult to find. At the Economic Policy Institute (EPI) it is estimated that nationally, wage theft, “is costing workers more than $50 billion a year.” To put that into perspective, the EPI notes that “All of the robberies, burglaries, larcenies, and motor vehicle thefts in the nation cost their victims less than $14 billion in 2012, according to the FBI’s Uniform Crime Reports.” Wage theft is at least three times more costly than all other forms of theft combined, yet our prisons are filled with conventional thieves, not duplicitous employers.

Surveys indicate that most victims of wage theft never sue and never complain to the government. “A three-city study of workers in low-wage industries found that in any given week, two-thirds experienced at least one pay-related violation,” reports EPI, emphasis mine.

Wage theft is widespread, extremely profitable and easy to get away with.

Workers at the low end of the pay scale, or who are socially vulnerable, such as undocumented immigrants or former prisoners, are frequent victims. Reporting the crime of wage theft takes time, time the working poor need to be working in order to survive.

There is little reason for employers to properly pay what they owe workers. If caught, an employer will be ordered to pay the workers what they are determined to owe and may be fined a “maximum civil monetary penalty” of $1,100.

So let’s revisit the tactics of protest.

DSC_9779Having protesters arrive outside your home at 6am to accuse you of theft with a bullhorn is embarrassing and may be even a little frightening for your family. The very possibility that this might happen should serve as a deterrent to any business owner in Providence who might be considering cheating employees out of the money owed to them. As the Fuerza Laboral press release stated, “Workers and allies are bringing the message that they must be paid in full immediately or else they will continue to bring public attention on Noboa and the other owners.” [emphasis mine]

Workers, who used to be all but powerless in these situations, are finding ways to shift the playing field. This doesn’t mean that workers suddenly have the advantage, far from it, but if workers continue to use such tactics, business owners will no longer be able to steal from their employees so easily. Now offending employers risk something much more valuable than money: Their public reputations and the respect of their neighbors and family.

Laws could be passed that strengthen the rights of workers and make it easier to file claims of wage theft. Fines and penalties for non-payment or underpayment of wages could be increased to the point where they act as real deterrents, rather than as a cost of doing business. Our legislature could enact legislation that makes it economically worthwhile for unpaid employees to pursue their rightful claims.

However, in the absence of thoughtful legislation that protects the rights of workers, public protest must fill in to loudly proclaim a simple truth: Workers have dignity and deserve to be treated with respect.

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Workers protest ex-boss’s home at dawn; demand $17,000 in unpaid wages


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Juan Noboa 9857 About 40 people showed up before sunrise at Juan Noboa’s 23 Julian St. residence in the Olneyville section of Providence this morning to demand the payment of over $17,000 in back wages to six employees.

According to organizers, Noboa and his partner, Jose Bren, employed around 15 workers to help open Café Atlantic, a restaurant located at 1366 Chalkstone Ave. between August and September, 2014. Some employees worked up to 70 hours a week, but, according to organizers, “by September 28th, Noboa and Bren closed the restaurant just months after opening and walked away without paying workers their full wages.”

The workers have organized through Fuerza Laboral (Power of Workers) “a community organization that builds worker leadership to fight workplace exploitation.” They have filed complaints with the Rhode Island Department of Labor and have attempted many times to contact the owners with their concerns, but have received no response.

DSC_9790Juan Noboa was a volunteer for Buddy Cianci during his unsuccessful run for mayor last election. During the election Noboa reported Representative Scott Slater to the state police for possible voter fraud after taking video showing Slater, “leaving Kilmartin Plaza, a Providence high-rise for the elderly, with what looked like a ballot.”  The police investigated and cleared Slater of any wrongdoing. Slater issued a statement saying that he recognized the man filming him “as someone who had threatened him in the past.”

According to the Providence Journal, Noboa “is a convicted felon and has been arrested 10 times dating back to March 2000.”

This morning’s action follows last month’s protest outside Gourmet Heaven on Westminster St. downtown. “We see a pattern of Providence-based food establishments intentionally cheating workers of their wages,” said Phoebe Gardener, Community Organizer with Fuerza Laboral.

“It makes me so angry that I am doing everything I can to provide for my family and do my job the best I can and Noboa doesn’t care about anything but making money for himself,” said Flor Salazar, former employee of Café Atlantic in a written statement, “Some of us are single mothers and are barely getting by.”

After chanting in Noboa’s driveway and pounding on his door for about fifteen minutes, the Providence police arrived and moved the protesters onto the sidewalk and into the street. Protesters handed out fliers to neighbors accusing Noboa of theft.

Noboa never came to the door or showed his face in the window.

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Gourmet Heaven in Providence accused of wage theft


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Gourmet Heaven 002Supporters, activists and former employees stormed Gourmet Heaven, an upscale deli on Weybosset Street in downtown Providence Friday. They say employees are owed more than $100,000 in back wages, as is the case at Connecticut delis under the same ownership.

The protesters entered the Providence deli at noon and temporarily stifled the business to the consternation of the manager on duty. “Get out!” she yelled.

“We’ll leave when you pay your workers what they are owed,” replied one of the protesters.

“What you’re doing is illegal,” said another.

Gourmet Heaven 004Gourmet Heaven is owned by Chung Cho, and he runs two other Gourmet Heaven outlets in New Haven, Connecticut. There was also a Gourmet Heaven on Meeting Street here in Providence, but it recently closed. In New Haven, Cho has been charged with “42 felony and misdemeanors” for wage theft, and was “arrested twice for discrimination and retaliation related to these claims.”

Labor activists here say Rhode Islanders are owed more than $100,000 in minimum wage and overtime pay. Phoebe Gardener, organizer at Fuerza Laboral, a workers’ rights center in Central Falls, has filed claims here in Rhode Island for seven workers.

After about five minutes of protest inside Cho’s downtown deli, the Providence Police Department arrived and the protesters left the store. But they continued to picket and chant outside Gourmet Heaven on the Weybosset Street sidewalk for the next hour, seriously impacting business. Flyers are distributed to passersby explaining the reason for the protest.

This protest was marked by excellent, artful signs and a few fun touches such as a rat mask and Hulk gloves.

In Connecticut, Cho reached an agreement with the Department of Labor to pay $140,000 in back wages to 25 workers, but has so far not made his payments in a timely manner. There are reports that the New Haven stores are in the process of closing.

Gourmet Heaven 017In November, Mohamed Masaud, manager of Weybosset Street Gourmet Heaven, claimed that there were no such violations going on in Providence.

Gardener and Jesse Strecker of Rhode Island Jobs with Justice, claim to have found ten workers who are owed thousands, or even tens of thousands of dollars in back pay. All told, it is asserted that over $100,000 in minimum wage and overtime pay is owed to workers here in Rhode island.

“I worked grueling 84 hour weeks, 7 days a week, 12 hours a day on the night shift, from 7pm to 7am,” said Pedro Us in a written statement, “For all that work, and on the night shift, I was paid only $360 a week, way below minimum wage and with no overtime.”

Gourmet Heaven 021Pedro Guarcas worked, at both the downtown and Meeting St locations of Gourmet Heaven. Guarcas claims that while on the job, he suffered workplace injuries and physical abuse.

“The managers pressured us to work so fast that I slipped and fell down the stairs twice and hurt my foot badly. This past April, the kitchen supervisor… punched me in the stomach when I was taking out the trash, but when I reported it to the store manager, he didn’t do anything about it.”

Guarcas claims that he worked 72 hour weeks for less than $400 a week, a paltry $5.50 an hour and well under Rhode Island’s minimum wage. Guarcas did not file any complaints because he has “a family to feed and it is hard to find another job.” Now that he no longer works for Gourmet Heaven he is speaking up in the hope of collecting his lost wages and because he wants justice.

Guarcas and another former Gourmet Heaven worker from Rhode Island, as well as a former worker from Connecticut, spoke at the protest. In addition George Nee, president of the RI AFL-CIO, James Riley, Secretary-Treasurer of UFCW Local 328, Providence City Councillor Carmen Castillo and union organizer Marino Cruz, recently dismissed from his job at the Providence Renaissance Hotel for his unionization efforts also spoke briefly to the protesters.

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