Immigrants Sue Employer for Back Wages

[SLCPUNK]

Associated Press

By MARYCLAIRE DALE 05.30.07, 3:25 PM ET

Illegal immigrants who worked long shifts scrubbing theme restaurants for an indicted janitorial firm have signed their names to a lawsuit seeking unpaid wages.

Some of the plaintiffs were rounded up in federal workplace raids in February and deported before receiving their final paychecks, the suit charges. Others said they worked 80- or 100-hour weeks without earning overtime pay or even the prevailing minimum wage.

"People should be aware of the kinds of exploitative situations that are happening out there, in particular with immigrant workers," said lawyer Nadia Hewka of Community Legal Services in Philadelphia, who helped file the federal suit. "Someone who worked 80 hours a week should get paid fairly for those hours, no matter their immigration status."

The 14 plaintiffs - most from Mexico - worked for Rosenbaum-Cunningham International Inc., a Palm Beach, Fla.-based janitorial contractor. In Philadelphia, the company placed workers in Dave & Buster's Inc., the restaurant chain that has a popular waterfront outpost in the city.

Other immigrants who worked in restaurants in Pittsburgh, New York, Anaheim, Calif. and elsewhere are expected to join the suit as early as this week.

They plan to seek class-action status, but would have to try to recover any judgment they might win from the government, which has seized the shuttered firm's assets, lawyer Justin Mixon said.

Rosenbaum-Cunningham and three top executives were indicted this year in Michigan on federal charges they harbored illegal immigrants for profit and failed to pay the federal government more than $18 million in employment taxes. The charges are still pending.

The immigrants say they worked as many as 110 hours a week cleaning kitchens, washing floors and scrubbing toilets. Many were locked in at their work sites and most put in 11-hour days, seven days a week without breaks, their lawyers said.

They typically earned less than the federal minimum wage of $5.15 an hour or the higher minimum wage in Pennsylvania and other states where they worked, the suit charges.

The attorneys are trying to reach the approximately 200 immigrants detained in the February raids, which targeted 63 restaurants in 18 states that used Rosenbaum-Cunningham workers. The restaurants included the Hard Rock Cafe, House of Blues, ESPN Zone and Planet Hollywood.

"Some of our clients were deported, some left voluntarily and some were not picked up at all," Hewka said. "The challenge right now is finding them."

No lawyer has yet registered to represent Rosenbaum-Cunningham in the civil case, according to court records.

Shannon D. Farmer, a lawyer representing Dave & Buster's, said she could not immediately comment on the suit.

RCI co-owners Richard M. Rosenbaum and Edward Scott Cunningham and firm controller Christina Flocken face criminal fraud, immigration and tax charges in the 23-count indictment.

Their workers may not have known about U.S. overtime laws or may not have had the energy to fight for the money they were owed, Mixon said.

"You're aware people are taking advantage of you. You're just trying to feed your kids," he said. "Unfortunately - even the American public - a lot of people don't understand overtime."

[Dr. Blutarsky]

This is total exploitation by the employer.

Unfortunately, since they are illegals many companies have gotten away with things like this over and over again.

[freedom78]

This is total exploitation by the employer.

Unfortunately, since they are illegals many companies have gotten away with things like this over and over again.

True, but the reason people HIRE illegals is because they're willing to work for less.  I'm not sure what minimum wage is, now, in Mexico, but there was a point in time where our $5.15/hour was roughly equal to the DAILY minimum in Mexico.  So they could have been paid $3/hour, over eight hours, and still make $19 more than in Mexico.  Not to stereotype all illegals as being Mexican, but I'm sure there are similar discrepancies in wages between the US and other central American countries. 

Now, they certainly deserve their pay for the hours they worked, but we shouldn't falsely put a shocked look on our faces, and say "I had NO idea that illegals were working for less than minimum wage!"   

[Dr. Blutarsky]

I don't think anyone doesn't realize why illegals are hired in the first place- no benefits  extended to them as well as working below minimum wage.  In my younger days Ive worked in many restaurants who had illegals working in the back...

[Drew]

How outrageous! I can't believe these criminals have the nerve to file a lawsuit! 

[C0ma]

How outrageous! I can't believe these criminals have the nerve to file a lawsuit!?

With out trying to come off sounding like an assole, you are exactly right...
"Hey look at me over here!!! While I was breaking the law and cheating tax payers, those people over there wronged me. Make them pay!!! But don't punish me in anyway for my wrong doing"

[Vicious Wishes]

If the VERY FIRST thing you do when coming into this country is break the law...(ie. come here illegally), what rights should we AWARD you?

[25]

If the VERY FIRST thing you do when coming into this country is break the law...(ie. come here illegally), what rights should we AWARD you?

I don't know, what rights should you afford to humans if you're supposed to be a civilized modern country?

"If the first thing you do when coming to this country is commit state-sponsored genocide of the indigenous people. . . ."

[Vicious Wishes]

If the VERY FIRST thing you do when coming into this country is break the law...(ie. come here illegally), what rights should we AWARD you?

I don't know, what rights should you afford to humans if you're supposed to be a civilized modern country?

"If the first thing you do when coming to this country is commit state-sponsored genocide of the indigenous people. . . ."

So because we're a "civilized modern country", we should reward people who disregard our laws?

[C0ma]

"If the first thing you do when coming to this country is commit state-sponsored genocide of the indigenous people. . . ."

You are talking about something that happened 200-300 years ago and using it as an argument as to why the United States should look past the crimes of over a million people and offer them all the rights of a citizen...

If thats the case the "Indians" and Illegal workers are going to have to get in line behind the "Blacks" for reperations. Let's hope there are enough acre's and Mule's to go around.

[axlrosegnr]

How outrageous! I can't believe these criminals have the nerve to file a lawsuit!?

I agree 100%

[25]

You are talking about something that happened 200-300 years ago and using it as an argument as to why the United States should look past the crimes of over a million people and offer them all the rights of a citizen...

Not quite. I'm pointing at something that happened a couple of centuries and giggling to myself as the enormous shame of it makes illegal immigration pale into insignificance.

But in response to your response; "The Bill of Rights" is a nice name and all but surely an accurate title would be "The Bill of Dubious Privileges, Each Of Which Will Be Contested By Your Own Government, Forever."

[Vicious Wishes]

You are talking about something that happened 200-300 years ago and using it as an argument as to why the United States should look past the crimes of over a million people and offer them all the rights of a citizen...

Not quite. I'm pointing at something that happened a couple of centuries and giggling to myself as the enormous shame of it makes illegal immigration pale into insignificance.

But in response to your response; "The Bill of Rights" is a nice name and all but surely an accura

You haven't answered my question. Should we reward people who, by their own choice, disregard our laws?

I'm not heartless, I understand their dilemma, but should we put them above those that have gone through the process legally(many of them still going through the process)?

[25]

You haven't answered my question. Should we reward people who, by their own choice, disregard our laws?

I'm not heartless, I understand their dilemma, but should we put them above those that have gone through the process legally(many of them still going through the process)?

Citizens break the law everyday, by their own choice, and it doesn't affect their status as citizens. Should work both ways.

I think that you should change the process, regardless of and separate from policy. I've said before that pretty much any normal decent person can enter the country legally if they have the money and patience required to do so. Perhaps it's time to look at which part of that two-part qualifier is failing. Hint; It's the money part.   

[Vicious Wishes]

^ Citizens do break the law every day, and if they're caught, they pay the penalty; either by a fine or by jail time. Shouldn't that be the same for everyone?

[C0ma]

But in response to your response; "The Bill of Rights" is a nice name and all but surely an accurate title would be "The Bill of Dubious Privileges, Each Of Which Will Be Contested By Your Own Government, Forever."

So should a group of people who entered the Country illegally and continue to break the law every day they are here have all the rights of citizens? Also should they be given services that they don't pay into?

Sure we wiped out Native American's and took generations of slaves... does that mean we should allow a flood of illegals into the country now?

What about Germany... after all they killed Jew's... so what happens there? what Illegal activity should they turn a blind eye to?

[C0ma]

I think that you should change the process, regardless of and separate from policy. I've said before that pretty much any normal decent person can enter the country legally if they have the money and patience required to do so. Perhaps it's time to look at which part of that two-part qualifier is failing. Hint; It's the money part.? ?

That's all well and good... but right now I pay enough taxes. If we did what you are proposing and let anyone who could apply (regrdless of financial standing) into the country, the first place most of them would go would be to the window where they sign up to recieve free money on the 1st anf 15th of the month. Who pays into those programs?

[25]

So should a group of people who entered the Country illegally and continue to break the law every day they are here have all the rights of citizens? Also should they be given services that they don't pay into?

Sure we wiped out Native American's and took generations of slaves... does that mean we should allow a flood of illegals into the country now?

What about Germany... after all they killed Jew's... so what happens there? what Illegal activity should they turn a blind eye to?

I already addressed the first two, as for the third; Currently the Biographical Information  paperwork necessary for any sort of visa asks a number of questions about military and political affiliations the applicant may or may not have depending on where in the world they're from. I'm fairly sure that if you admit to having been a member of the Nazi party that's an immediate end to your claim for entry. Of course, that didn't bother the US government post-WW2 when they shipped a slew of Nazi scientists and spies into the country and bankrolled them abroad.

[C0ma]

So should a group of people who entered the Country illegally and continue to break the law every day they are here have all the rights of citizens? Also should they be given services that they don't pay into?

Sure we wiped out Native American's and took generations of slaves... does that mean we should allow a flood of illegals into the country now?

What about Germany... after all they killed Jew's... so what happens there? what Illegal activity should they turn a blind eye to?

I already addressed the first two, as for the third; Currently the Biographical Information? paperwork necessary for any sort of visa asks a number of questions about military and political affiliations the applicant may or may not have depending on where in the world they're from. I'm fairly sure that if you admit to having been a member of the Nazi party that's an immediate end to your claim for entry. Of course, that didn't bother the US government post-WW2 when they shipped a slew of Nazi scientists and spies into the country and bankrolled them abroad.

I'm not asking what former Nazi's should do.... What I'm saying is you are holding the entire US responsible for wiping out millions of Native Americans, and saying that because of that we should turn a blind eye towards Imigration.
If thats your argument, what laws should Germany pay no attention to because of something that happened in the 40's about 150 to 250 years after what you are holding the US responsible for.

[25]

That's all well and good... but right now I pay enough taxes. If we did what you are proposing and let anyone who could apply (regrdless of financial standing) into the country, the first place most of them would go would be to the window where they sign up to recieve free money on the 1st anf 15th of the month. Who pays into those programs?

Make your mind up, are they all on welfare or stealing your jobs? And how are they getting welfare without social security numbers? Seems like a failing of administration.

All of the money you pay into social security is going to other people, you'll never see a penny of it back. Hopefully the next generation won't scuttle the program and leave you without welfare in your old age but I have a feeling that they'll do just that and you'll be cheering them on while they do it. I have no proof of that last part though, rather like you have no proof that Mexicans are jumping the border to take advantage of your rather crappy welfare system. But we can both jump to conclusions on topics unrelated to reality all day long.