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A judge has finally ruled on a long-simmering dispute between a restaurant and its deliverymen. Last March deliverymen at the popular Vietnamese restaurant Saigon Grill, which has locations in Greenwich Village and on the Upper West Side, demanded a raise from owners Simon and Michelle Nget. The deliverymen reasoned that since the chain was pulling in more than $2 million a month, they ought to earn more than $120 for a 75-hour week.
They were also fed up with their work conditions, which they claim included $200 fines if a customer complained about a late delivery, $50 for closing the restaurant’s door too loudly, and, when they got robbed, a rule requiring them to pay for all the orders they delivered that day out of their tips. When the Ngets offered an additional $5 per shift, the deliverymen turned it down and took them to court, with help from advocacy group Justice Will Be Served.
Twenty-eight of the deliverymen were fired during the next two days, in violation of a federal law prohibiting employers from “retaliating against workers for engaging in concerted activity for mutual aid and protection.” As the lawsuit dragged on, diners arriving at the Saigon Grill locations were forced to cross picket lines of angry, unemployed workers, all of them indigent Chinese immigrant, and NY Magazine looked at citywide phenomenon of deliverymen uprisings.
Now a judge with the National Labor Relations Board has ruled the owners illegally fired the men and must reinstate them, with back pay for all the wages they were denied since their dismissal. It’s presumed the Ngets will now have to pay the deliverymen the minimum wage of $4.85 an hour, which is roughly triple the $1.60 some claimed they were paid. Saigon Grill plans to appeal the decision.
Photo: Syb.
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These guys work hard for their money I hope they get more.
"Neither snow, nor rain, nor heat, nor gloom of night stays these courageous couriers from the swift completion of their appointed deliverys."
I've missed these guys. But does this mean the price of my bahn hoi is going up?
You should add pedestrians in their ways to the list. If I have a nickel for each time I was almost hit by a delivery dude...
How did people bring themselves to actually cross those picket lines for a meal? Was it not obvious (with dozens of protesting delivery workers outside) that dining at Saigon Grill meant supporting the gross mistreatment of employees? Personally, I find it hard to enjoy a meal while jamming my boot into someone's jaw.
GO DELIVERY MEN! They work hard, and often risk their lives just to deliver food to us. They are mistreated and I am so happy to hear they are getting a raise.
Good for them.
Hopfully this will make people think twice when they stiff their delivery people that extra dollar.
These owners are a$$ho|es.
indentured servants. not good.
These owners are sadistic. Absolutely horrible people.
Even when everything is on the up and up, being a delivery man is probably one of the worst jobs in the city...it's dangerous, you have to bike out there in the rain, cold, snow, heat, and you get paid like shit. I always tip big when I order delivery, but it's anyone's guess whether the guy actually actually gets to pocket it.
how is it legal for them to make below minimum wage? i know there are loopholes (interns, etc), but what allows these dudes to make less than $7/hr?
Their food is tasty though.
I'm just sayin'
#9: The restaurants take advantage. 1) They figure since they're immigrants they won't complain as its still better than what they were making back home. 2) The owners count your hourly wage + tips to put you over the minimum (not sure what the rules are about that)
I delivered food/worked in kitchen for a Chinese restaurant in the financial district years ago. Place I worked at wasn't THIS bad.
Um...Billy....they're probably not immigrants. I would venture to say they are ILLEGAL immigrants.
Um...Billy....they're probably not immigrants. I would venture to say they are ILLEGAL immigrants.
What a crock, man. Good for these guys.
Thanks for clearing that up, Billy. I thought that would be the case.
Saigon Grill has some of the worst Vietnamese food I have ever tasted.
Please tip these poor guys well; they really need the money and you will make a friend of someone who works very hard and will truly be grateful to you.
#12: Legal/Illegal, what difference does it make? They're treated like crap either way.
As timmmyk says, tip well. (if the service is to your satisfaction)
It's shameful that restaurants exploit workers like that. Panhandling probably pays better.
Below is the bit from the NY State Department about the minimum wage loophole that allows them to pay less than the minimum wage $7.15 per hour.
If you tip $3 on your next delivery, you'll know that you helped one guy (who's probably cold, wet, riding a bike at night in the rain with no helmet) make at least the state minimum that hour.
NEW YORK STATE MINIMUM WAGE LAWS
MINIMUM WAGE ACT (GENERAL EMPLOYMENT)
The General Industry Minimum Wage Act states that all employees in New York State, including most domestic workers, must be paid at least $7.15 per hour beginning January 1, 2007.
The basic rate may be modified by certain requirements set under regulations known as “wage orders.” These provisions of the minimum wage law cover jobs in the restaurant, hotel, and building service industry, and miscellaneous industries and occupations. They set an hourly rate plus overtime and allowances in four General Industry Wage Orders, based on meals and lodging supplied by an employer.
Some industries make allowances for tips, thus they set a lower hourly rate. For example, food service workers may earn $4.60 per hour because their total compensation includes expected tips. When required uniforms are maintained by the worker, certain allowances also apply. Other service workers have a minimum rate of $5.40 per hour. There are also allowances for meals and lodging supplied by an employer.
Nice to see that some working people have the balls to fight back against exploitation and mistreatment.
I hope others decide to follow this example.
Am I missing something here? Isn't this a free market economy? I'm all about setting minimum standards for treating employees. But if they're being paid minimum wage or above after tips (and that's legal), and the emplyoyees are told in advance of the ridiculous policy regarding the fines, then why don't they go work somewhere else if they're not happy there?
We're a capitalist country. If the owners are legally making $2M a month, then congratulations to them. Any worker who thinks they should be legally obligated to give more just because they're sucessful needs to get their priorities straight. If deliverymen were unwilling to work under those conditions then Saigon would have to change their policies to attract labor. There are tens of thousands of restaurants and delis in this city, if the deliverymen wanted that type of work they could find it else where.
Something tells me that the workers thought they were better off after balancing the negatives of the job with the tips they got from working for a very profitable and popular business and thought they could milk the proverbial teat for all it's worth. If they're so concerned about not making enough money, why are they are the streets whining everyday for months instead of working a shitty job just like everyone else and making money?