DC Restaurant Reaches $1.5 Million Settlement Amid Tipped Pay Debate

The restaurant group also sells itself on a purported community ethos they bring into their business. “Mindfulness, honesty, and accountability are ingrained in us because it is the farmer’s way,” they state on their website. Daniel Simons, one of the owners told The Washingtonian that their love for employees was key to the restaurant’s popularity. To that end, the restaurant has an in-house masseuse available to staff.

When the allegations were initially reported, Simons told The Washington Post that he was “super confident we take great care of [their] people.” Wage actions like the lawsuit were common among restaurants, he said, and “often unrelated to company culture, intent, or actual well-being of the staff.” The plaintiffs, some of whom will receive awards topping $25,000, would likely disagree. The restaurant group denies the allegations and says the payout isn’t an admission of wrongdoing.

It might be surprising to DC restaurant goers that a city favorite that markets itself on its ethics has been accused of systematically abusing the rules. But it’s likely not a shock to tipped workers across the country who are especially prone to wage theft due to the tip credit.

Luckily, TJ was acutely aware of the dangers of wage theft and had been carefully documenting her paystubs and hours. Her case worker said it was rare for workers to come in with such detailed notes about what they were owed, which made it easier for her to recoup her wages.

“I’m one of the lucky few that got her money back,” TJ said, “and it’s only because I kept meticulous records.”

While TJ’s an immigrant, she’s also a US citizen — which she says was immensely helpful. After hearing about her ordeal, the back of the house workers at her restaurant were quick to ask for her advice. TJ says their manager already “played fast and loose” with their paychecks. Immigrant workers often faced many additional barriers to recovering wages, from language difficulties to intimidation.

At best, some were made to feel that employee services couldn’t provide them with assistance if they weren’t US citizens. At worst they were told, TJ relays, that questioning their pay could affect their immigration status. Given the hostile national conversation around immigration and the preponderance of ICE raids at restaurants, it’s not surprising that immigrant workers might not feel comfortable approaching an enforcement agency to recoup lost funds.

TJ is resolved to help other people on the staff understand the law and their rights. But in the restaurant industry, exploitation can be the norm. On top of that, the most vulnerable workers will already have the least amount of recourse to protect themselves. For TJ, it’s a fundamental problem with how restaurants operate, and explains why tipped workers are so susceptible to wage theft. “The onus is always on the employee to make sure we’re getting paid.”