Qing's arrival and beyond .

[ttwjr32]

actually under usa labor laws this would not be legal
 and the workers would be entitled to back pay remember
 we have a minimun wage law in usa and everyone is
 entitled to it. but actually the workers would have to
lodge a complaint which i doubt they would

[maxx]

Restaurants operate under different business laws.But what Ted is saying is right.The restaurant would also have to pay.Back taxes and Workman's comp.The owners of the restaurant would be looking at some huge fines and possibly some prison time.

Arnold what you and Qing heard about.Is real close to Human slavery.And yes it is against the law.When I worked in the restaurant business.20 years ago.The minimum wage was 2.50 a hour plus tips.For the wait staff And the buss people.It was minimum wage for anybody else who worked at the restaurant.Cooks,dishwashers,Hostess.

As a side note.Restraunts and factories  in China are run this way.You have dorm rooms for the employes.Wich may only consist of a little room.With a bed.And they recieve a small salary.

[ttwjr32]

also i am wondering who owns the resturaunt?
 probably not from the USA as i think someone
 from there would not take this risk. so tell Qing
 its others exploiting there own. this happens all
 to often here in USA. its to bad but many people
 do a lot of hard work to obtain that freedom that
 they think they are recieving.  Im not sure if they
 do that in China Maxx i think that they just pay a
 low wage like maybe 1000 or 1200 rmb and this is
 why many people from the countryside here come to
 the city to work. just an observation ive seen here

[David5o]

Arnold,

The real downside to this is, that it's normally there own Nationality that are treating these workers so badly, taking advantage of them in the same way as they do in China given half the chance!!

If you want to help these workers Arnold, turn the owner in, by making a complaint, but make sure that Qings friends are not illegal workers first, just to be on the safe side!! lol!!

David....

[shaun]

Arnold,

Thank you for sharing this information about Chinese Restaurant workers.  I hope this is isolated to a few dishonest restaurants in the country and not the standard practice in Chinese Restaurants in America.

A lot of what has been said here is true.  Restaurant workers are paid a minimum wage and tips are a part of it.  I have never understood why there is a double standard with minimum wage. I know there are tips to make up for the lost minimum wage but so many people stiff wait staff. It has never sounded ethical to me.

This whole issue makes me wonder about one restaurant in my community.  I took my family to a Chinese Restaurant, when I paid the bill I did not put a tip on my debit card but left cash on the table. (The last time I did that.)  The waitress chased me down outside of the restaurant crying and asking me if she did something wrong.  I took her back inside and showed her the tip on the table.  She apologized profusely. It makes me wonder now.

You can report the restaurant and its owners but if the employee will not file a complaint, in most states, the agency will not respond.  I do not know where California stands.

The way some businesses operate today is outside the intent of the law.  There is a provision where an employees can sign his rights away on a piece of paper prepared by the employer.  If the employer says that the employee is not to receive an hourly wage but will be compensated with living quarters and food and then the new perspective employees signs it then it becomes legal.

I think that these employees, should they choose to fight this issue, could claim that they were under duress if such a document exists with two reasons.  1.  If was in English then they can claim that they did not understand what they were signing.  2.  Being new to this country they did not understand that there were laws against this kind of abuse.

I am currently involved in a case where employees, me being one of them, were forced to sign documents like this.  I will tell you that if these restaurant workers choose to follow the path of suing the owners it will take a long time.  Our last law suit took almost 2 years.

I think the best way to overcome the issues these employees is to assist them in finding other work.  Realize that this would be more than just helping them to find work they will also need help in establishing residency as well.

Shaun

A thought and a quote: How do you change the world?  One person at a time.

[chen yan]

Wow, "the Bicycle ride we had in HangZhou around West Lake " must be very romantic.
Arnold you are aboslutely a fantastic and considerate husband material. Hehe

[David5o]

Shaun,


I can't believe American law would allow a worker to sign away a 12 hour working day, without pay.
For a start Health and safety rules wouldn't allow continuous 12 hour day working, let alone 7 days a week 12 hour working!!!  No these owners, are exploiting these workers BIG time, and need to be brought to boot, and shown that this is just not acceptable in the Western world. While they are racking in the money, there workers are living like paupers in a near slave capacity...

Dob them in Arnold, these owners need to be shown that this is just not acceptable and taught a stiff lesson....

David....

[Vince G]

Your all sort of right. There is the federal minimum wage act. Which is anyone working has to be paid this. BUT restaurants don't go by this and I've never heard of one paying it. The figures vary but most waiters and waitresses make about $2.50 an hour plus tips. And that's anywhere at any restaurant. Most places use a share plan in which all tips are put together and even split between all working. Sometimes even a manager/owner will dip his hand in it? So each restaurant is a little different in how they treat the staff.

[maxx]

Ted that is how it works in China.My wife's cousin.Owns a restaurant in Beijing.We spent about four hours at the restaurant.We ate there then They showed me around and we discussed how the restaurant was run.The head cook had his own little room.Just off of the Kitchen.The rest of the staff had a dorm room above the restaurant.And yes there is a small wage payed to the staff.Head cook was making like 1500 Rmb a month.The dishwasher was making 800 rmb a month.The restaurant staff could eat 2 times a day.And had 2 days off every month.

My sister in law worked in a factory in Shenzhen.Where they made plastic bags.She had the same working conditions.Worked 7 days a week.Had 2 days off a month.With room and board provided.The room was a big dorm room with rows and rows of bunk beds.With foot lockers to put your personell stuff in.They had a cafeteria at the factory where all the employees ate.2 times a day.She made 800 rmb a month.

My brother in law works in a factory.As a Chemist they make chlorine.My brother in law is married.And has a daughter.The company provides him with a house.And if he wants to his family can eat in the company cafeteria.I'm not sure what he makes a month.But I think it is good for Chinese wages.He is a college graduate with a bachelor in Chemistry.

My wife's last job in China.The hospital she worked for provided a nice room.She could go to the cafeteria at the hospital and eat 3 times a day.She worked from 8:00 am till 8:00 pm.With 2 hours off during the day.6 days a week.She was making about 3000 Rmb a month.My wife was a plastic surgeon consultant.Before that she taught plastic surgery.To medical students.

[mustfocus]

Hi Arnold,

If that restaurant is exploiting those people, then I would definitely expose them.  I would be careful if those people are "illegal aliens", but even something like calling your local TV station and letting one of their reporters do some investigating might help.

[ttwjr32]

no matter how you put it this is exploytation by the resturaunts owner
 here in the states. everyone needs to be payed for what hours they work
 and not have papers saying they will accept rooma and board. this would
just be counted as income for the irs but wages have to be payed

[David5o]

Ted/Arnold,

There's a very meaningful saying, that covers this situation and many more....

''We work to live, We Don't Live to Work!!''

This restaurants owner seems to think very differently, and needs a stiff lesson in humanity!!

David......

[ttwjr32]

i agree with that David it has been my motto
 all my working carreer up until my early retirement

[Arnold]

Yan , yes I guess I am that Romantic Guy . Haha . Qing keeps telling me that also often .


Thank you all you Guy's , for the reply's . I will check into this some more , next time talking to these People ( Worker's ) if they are looking for a way out and if they have the means to do anything about getting a better Job . If they also feel , that there Boss ( Which is by the way Chinese himself ) does take adventage of them . If it's a problem for them , I will for sure take this up and further to help them any way I can . They been helping us getting with finding an Adult School in our area , so this is my way of helping them ... if they are indeed wanting out of this Slave Job .
Ted is right , while the "nice" Boss fills his Pocket's and deduct's the room and board and food from his Worker's , they are out of income and the Government out of it too . So this can not be legal anyway you look at it . Qing say's , even in Shanghai the restaurant worker's get Pay ( not much ) plus tip's and in some cases even room and board . Looks like an OLD custom is fast sinking into the western way's .

[shaun]

Shaun,


I can't believe American law would allow a worker to sign away a 12 hour working day, without pay.
For a start Health and safety rules wouldn't allow continuous 12 hour day working, let alone 7 days a week 12 hour working!!!  No these owners, are exploiting these workers BIG time, and need to be brought to boot, and shown that this is just not acceptable in the Western world. While they are racking in the money, there workers are living like paupers in a near slave capacity...

Dob them in Arnold, these owners need to be shown that this is just not acceptable and taught a stiff lesson....

David....

David,

I know it sounds hard to believe but I had to sign a contract I drive without pay each and every day.  I signed under duress.  I know it sounds impossible but it is.  If the company can prove that they support you with living quarters, food and clothing they can.  The Church of Scientology has people who work free for them in return for room and board.  The organization is huge with little overhead.  Many of their people work from 8am to 10pm, 7 days a week.

It is possible and it happens more than you think.  Arnold if they signed a contract then it is legal and binding.  I do not agree with it but it is a reality.

As far as 1 hour  being lost each day since many of us signed under duress we have legal right to sue and recoup our lost wages.  It is in the works.  I am looking forward to the lump sum plus penalties.  It ought to get me a couple of trips to China.


Shaun