By Elizabeth Gormisky Staff Writer for The Ithican
January 29th, 2009 http://theithacan.org
Two popular Ithaca restaurants have recently been cited by the New York State Department of Labor for underpaying and overworking their kitchen staffs.
On Jan. 21 a NYSDOL press release cited Taste of Thai and Tamarind for several infringements of labor laws. The NYSDOL charged the restaurants with not paying their employees minimum wage or overtime, keeping inaccurate records and not allowing employees a day of rest during the week. Tips meant for the wait staff were also being misappropriated to the kitchen staff. The owner of both restaurants, Ariya Pancharoen, has agreed to distribute $28,388 as full compensation to 36 past and current employees over a three-month period. Together the two restaurants employ approximately 25 workers.
Similar wage concerns have been raised at New Delhi Diamond’s Restaurant, Collegetown Pizzeria and Plum Tree Restaurant, according to Pete Meyers, co-founder of the Tompkins County Workers’ Center, a coalition of organizations that advocates workers’ rights. Taste of Thai and Tamarind’s lawyer, Scott Miller, said the owner of the restaurants responded to the NYSDOL immediately.
“The restaurant owners and management had an open door and an open book policy and fully cooperated with the Department of Labor,” Miller said.
Former Taste of Thai and Tamarind waitress and bartender Deidra Cross was the first person to approach the management of the restaurants with concerns about the kitchen staff in January 2008. Cross said she believed the Thai employees were being taken advantage of because they spoke little English.
“I don’t think these people knew because they came from such an oppressed place that this was not how we do things here,” Cross said. “Some of these people come from areas of Thailand where you have a high-paying job if you make $5 a day.”
Miller denied Cross’ claims and said the workers were being paid “well above minimum wage.”
Miller said several kitchen staff members were workers without proper permits, and the restaurants did not have the proper records to prove that they were being paid.
Miller said the restaurant no longer employs noncitizens who don’t have valid work permits.
The NYSDOL would not comment on the citizenship status of the workers as New York state labor laws apply to both illegal and legal immigrants.
Taste of Thai and former Tamarind waiter Matt Peterson said he thought the employees were treated differently than those at other restaurants where he had worked previously.
“You’d see the same people, and you’d know that they had been there [at the restaurant] all day,” Peterson said. “You’d see them sleeping in booths and stuff like that. You’d see them all arrive in the same van and at the end of the shift at the end of the night you’d seem them all leave in the same van.”
Peterson also said he recalled a couple from the kitchen staff that left the restaurant to work at Thai Cuisine because they were not granted enough days off.
Cross said she attempted to speak with the management about the employees for a period of eight weeks. When the management did not respond to her concerns, Cross contacted the TCWC.
Meyers said the NYSDOL was notified after failed attempts to negotiate with the restaurants’ owner.
“We met with the ownership of the restaurants and didn’t feel satisfied that they were giving us a straight answer,” Meyers said.
Meyers said the NYSDOL received an anonymous tip regarding the restaurants the same day the TCWC filed its complaints. The NYSDOL responded the following day.
NYSDOL spokesperson Joe Morrissey said on-site investigations began in July, which included interviewing workers and searching through records. Morrissey said notices of violations were issued to Taste of Thai in October and Tamarind in late November.
“The employer was cooperative,” Morrissey said. “We never had to issue a follow-up order to comply because [the management] responded to our initial notice immediately.”
Peterson said he noticed specific changes at Taste of Thai as well. He said the management no longer handles the tips and the wait staff takes control of the money. He also said there are posters in Thai explaining fair wages on the walls of the kitchen.
Miller said he does not foresee future labor-law violations at either Taste of Thai or Tamarind.
“Once they were made aware of what violations were occurring they immediately remedied those violations,” Miller said. “I don’t think there would be any violations in the future because they now know what they need to do to comply with the Department of Labor.”
The college community has had different responses to the incident at Taste of Thai and Tamarind.
Sophomore Christianne Enos, who has never dined at Taste of Thai, said she would not consider eating at the restaurant after learning of the wage violations.
“I would feel guilty supporting that,” she said. “Since it’s in Ithaca, it hits close to home. You don’t want to hear of people being mistreated so close to where you are.”
Don Beachler, associate professor of politics, said he attributed labor violations in Ithaca to the lack of unions in the United States and the ability of employers to easily fire workers.
“Unions balance out management and labor,” Beachler said. “[Violations] happen because we have vulnerable immigrant workers, and, by comparison to other industrialized nations, workers in the United States have few rights in the workplace.”
Beachler also said he believes labor issues are not at the forefront of the community’s concerns.
“Many so called liberals or leftists in Ithaca are not from the laboring class,” Beachler said. “They’re more concerned about identity
issues of race and gender. They’re not so concerned about labor and the inequality of wealth.”
Though she was fired from Taste of Thai on June 5, for reasons unrelated to the complaints, Cross said she hopes the problems are resolved with the workers. She said that she would not ask people to specifically boycott the restaurant but to confirm that the restaurant was not involved in illegal activity before choosing to dine there.
“Knowledge is power,” Cross said. “The more that people are aware, the more they can make educated decisions.”
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January 29th, 2009 | 
