Illegal activities of Southern Bosses for the weeks between Friday, February 7, and Friday, February 14
There continues to be no new enforcement actions or resolutions of enforcement actions at the EEOC, OSHA, MSHA, and DOL, but we do have a news report!
Florida Thieves
From the Orlando Weekly’s McKenna Schueler:
A restaurant worker at Universal CityWalk’s Cowfish Sushi Burger Bar in Orlando has filed a lawsuit against Universal, accusing the billion-dollar entertainment complex of stealing her lawfully earned wages.
Tonia Roberts, 57, a food runner of about one year, specifically contends in her lawsuit that Universal improperly utilized Florida’s tip credit, ultimately paying her less than what she was lawfully owed for her work…
Florida’s current minimum wage for nontipped workers is $13 an hour, while workers who earn tips must be paid a minimum wage of at least $9.98 per hour. For tipped workers, that can include a tip credit of up to $3.02 per hour, meaning an employer can count up to $3.02 of the hourly minimum in earned tips.
Essentially, the tip credit allows employers to pay workers a lower base wage, with the expectation that earned tips will make up the difference.
Roberts’ lawsuit, however, accuses Universal — one of the largest employers in the Central Florida region — of improperly using the tip credit by too often assigning her “side work” that was not tip-producing — for instance, getting plates and silverware together and preparing sauces.
According to the lawsuit, Roberts was asked to perform “excessive amounts of such side work every shift, often for hours at a time” before, after and during Roberts’ “tip-producing activities.” The complaint states that altogether, this non-tip-producing “side work” made up more than 20% of her total work each week, in violation of the U.S. Department of Labor’s interpretation of how to properly utilize the tip credits system.
The lawsuit also argues Universal Orlando improperly used a tipping pool system by distributing tips to tipped workers as well as nontipped employees who have a higher wage floor…
Roberts herself told Orlando Weekly in a phone call that she only realized she was being underpaid after she reached out to a lawyer, after facing what she described as “retaliation” for speaking up about unsanitary kitchen equipment.
Back in September, she said she complained to management about “dirty bottles” containing sauces for customers’ food. She was told to take photos of the bottles, sometimes containing traces of multiple sauces, and yet, the problem didn’t get better. “I was told to put new labels on expired sauces,” she alleged in a text…
Universal’s theme parks division — extending beyond its park in Orlando — reported $8.6 billion in revenue in 2024, down 3.7 percent from 2023, according to Theme Park Insider. The entertainment complex, owned by parent company Comcast, is also getting ready to open up its highly anticipated Epic Universe theme park at Universal Orlando Resort in May.
Read her full report with more information and context here: Restaurant worker at Universal Orlando Citywalk files lawsuit over wage theft
Union Busters
Brought to you by LaborLab: The nation’s leading watchdog standing with working families to stop employer coercion and intimidation. Visit www.laborlab.us for more info.
- Gen-4/Gilberton Power/Schuykill Energy (PA) hired East Coast Labor Relations d/b/a/ Reliant Labor Consultants to union-bust at multiple locations for $3,800/day–agreement attached
- East Coast Labor Relations provides union avoidance services to employers. They advertise that their consultants are “former high ranking union officials” and that they are bilingual. The language on Reliant Labor Consulting’s website is identical. Their services include avoiding, preventing, and fighting a union. Additionally, they run Mayberry Productions that specializes in producing video content for union avoidance campaigns. Joseph Brock, President of the union busting firm was the President of Teamsters Local 830 in Philadelphia. Brock lost a contentious election for local President in 2007 and was ousted from the local Teamsters office. According to Brock, he left Teamsters because “he became disillusioned with what happens behind the scenes with unions, particularly when contracts are being negotiated”. Brock is still receiving his pension from the Teamsters. Brock identifies as an “unabashed Liberal union buster”. That said, he “helped defeat a union campaign at the Trump International Hotel in Las Vegas in 2014”
- Imperial Dade (MA) hired Quest Consulting and Labor Management Associates for $225/hour
- Election closed due to RD Order
- Jessica Thomas is the President of Quest Consulting. In 2023, Quest Consulting reported making $2,692,420 from employers and disbursing $2,164,385 to subcontractors. Quest Consulting is incorporated in Nevada.
- Labor Management Associates is a prolific and experienced union-busting firm run by Daniel Block, who has, at several points in his career, has been associated with other prominent union-busting firms in the U.S. Labor Management Associates often file legally mandated paperwork to the Department of Labor late, if at all. It appears that the business license for LMA may be expired.
- Northwestern Medical Center (VT) hired Heightened Solutions
- Heightened Solutions was sub-contracted by The Vindex Group who has not yet filed an LM-20 for this work
- The Vindex Group is based in Austin, TX. According to the Texas Comptroller, The Vindex Group has an involuntarily ended status due to a tax or administrative forfeiture.
- Election was won 150-45
- Amazon DCY1 (CT) hired Edward Hinkle
- Hinkle was sub-contracted by RoadWarrior Productions who has not yet filed an LM-20 for this work
Due to a lack of enforcement, some labor relations consultants may disregard the law and fail to report their activities to the U.S. Department of Labor. Therefore, it’s crucial for organizers and workers to report suspected “persuader” activity to the U.S. Department of Labor’s Office of Labor-Management Standards (OLMS).
It’s crucial for organizers and workers to report suspected “persuader” activity to the U.S. Department of Labor’s Office of Labor-Management Standards (OLMS). You can reach them via email at OLMS-Public@dol.gov, by calling (202) 693-0123, or by contacting your nearest OLMS District Office.
For assistance, please contact LaborLab at contact@laborlab.us.