On February 18, 2014, the U.S. Department of Labor vindicated the J-1 student guestworker members of the National Guestworker Alliance (NGA) who went on strike from McDonald’s restaurants in Central Pennsylvania in March 2013. The USDOL cited the McDonald’s franchisee for minimum wage violations against 291 fast food workers, awarding them $205,977 in back wages and liquidated damages.
Below is a statement by NGA Executive Director Saket Soni:
Today, some of the most vulnerable workers in America—immigrant guestworkers—won a major victory not only for themselves, but for the U.S. workers alongside them. Brave student guestworkers from Argentina, Malaysia, and other countries defied threats of retaliation and went on strike to end the severe exploitation they faced at McDonald’s stores last year, including sub-minimum wage pay, unpaid overtime, and overpriced company housing. These NGA members won $205,977 in back wages and damages not only for the 178 guestworkers who worked at these McDonald’s stores, but for 113 U.S. fast food workers alongside them, including formerly incarcerated people and political refugees.
This victory comes as tens of thousands of McDonald’s workers around the U.S. are demanding a living wage of $15 an hour and the right to form a union without retaliation. McDonald’s must meet those demands.
But this victory also shows that raising wages is not enough. As long as employers like McDonald’s can use threats of retaliation and deportation to exploit immigrant workers, the wages and conditions of the U.S. workers alongside them will never be secure. But by protecting the right to organize for the most vulnerable workers, we help raise the floor for every worker in the U.S.
President Obama stressed in his State of the Union that he’s ready to take executive action to combat income inequality. That action needs to include protections for immigrant workers who come forward to expose abuse from retaliatory deportation.
And now that the DOL has vindicated these workers, McDonald’s corporate can’t hide behind its franchisee and wash its hands of the abuse. McDonald’s must:
- Conduct an audit of its franchisees and reveal where else guestworkers are working so that NGA can ensure they are free from abuse;
- Publicly commit that when any McDonald’s franchisee commits wage theft or other labor law violations, McDonald’s corporate will take responsibility by making the workers whole and punishing the franchisee; and
- Meet the nationwide demand for a $15 an hour wage and the right to form a union without retaliation.
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