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Caitlin Barbieri

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Bill Would Boost Minimum Wage for Restaurant Workers

By Caitlin Barbieri and Lia Tabackman, Capital News Service

RICHMOND – The unstable nature of relying on tips to make a living is reflected in the paychecks of restaurant servers like Connor Rhodes, who has been serving Richmond’s restaurant goers for four years and says it’s not unusual for his paycheck to be zero dollars.

That’s because he earns $2.13 an hour – a “subminimum wage” – which, after taxes, can result in an empty wallet if tips are weak and shifts are sparse.

“Depending on business, there’s no guarantee that we’ll get shifts that can pay the bills,” Rhodes said, explaining that servers typically have to save their wages from peak seasons to survive during the slower months.

But two state legislators have proposed a bill, HB 1259, that would do away with the “subminimum wage,” which is paid to workers like Rhodes who are exempt from receiving the federal minimum.

That $2.13 an hour, along with tips, makes up the entire income of these workers. As long as the federal minimum wage of $7.25 is met through tips received, employers are not required to pay their employees more than the subminimum.

If customers neglect to tip their server after their meal, it can end up costing the server money to have served the table at all.

“At the end of the night, the servers have to tip out the food runners, the bartenders and the bussers based on our food and alcohol sales. So say someone orders $50 bottle of wine; I tip the bar 5 percent of that $50. I need at least $2.50 to break even from taking care of a customer, and sometimes the costs can go a lot higher. It’s rare that the restaurant will compensate us,” Rhodes said.

According to a 2014 report by the Economic Policy Institute, the median hourly wage for U.S. restaurant workers, tips included, was $10 an hour – compared with $18 an hour for workers in all other industries. After accounting for demographic differences, the report said restaurant workers earned 17 percent less than similar workers in other industries.

Under HB 1259, servers and certainother employees who are exempt from the minimum wage would no longer have to rely on the generosity of others, through tips, in order to meet the minimum wage.

HB 1259 was introduced by Dels. Paul Krizek and Jennifer Boysko of Fairfax. Eight other Democrats are co-sponsoring the measure. The bill would also make it illegal for employers to pay laborers in certain service industries traditionally held by African-Americans – like shoe-shiners and doormen – less than minimum wage.

Krizek said the legislation would “put everybody on the same minimum-wage playing field.”

Bill Seeks to Repeal ‘Racist’ Wage Law

By Caitlin Barbieri and Lia Tabackman, Capital News Service

RICHMOND – More than half a century after the end of Jim Crow laws that enforced racial segregation in the South, legislators are finding remnants of racism in Virginia law.

The Code of Virginia makes it legal for employers to pay less than minimum wage to “newsboys, shoe-shine boys, caddies on golf courses, babysitters, ushers, doormen, concession attendants and cashiers in theaters.”

The common thread among those professions? When the law was written in 1975, they were all considered low-income, low-skill jobs overwhelmingly occupied by African Americans who were systematically denied advanced employment opportunities.

Now, two members of the Virginia House of Delegates – Paul Krizek and Jennifer Boysko, both Democrats from Fairfax – are sponsoring legislation to delete such outdated language from state law.

“This is a list that has Jim Crow written all over it,” Krizek said. “There’s a lot of old language that was obviously aimed at African Americans who were in these service jobs because those were the jobs they could get at the time.”

The language was originally pulled verbatim from North Carolina’s legal code, which was written a decade earlier, in 1965.

“There is some fairly widespread agreement and research supporting the conclusion that a lot of these exemptions were based on race,” said Ann Hodges, a professor at the University of Richmond School of Law.

The wage discrimination doesn’t stop at race. Virginians with mental, intellectual and physical disabilities also may receive subminimum wage because their “earning capacity is impaired,” according to the state code.

According to Hodges, at the time the law was written, many people believed that individuals with intellectual, physical and mental disabilities could not be as productive and generate as much labor as able-bodied workers.

“There was a sense that if you couldn’t pay them less, they probably wouldn’t be employed at all,” Hodges said.

Under HB 1259, it would no longer be legal in Virginia for employers to pay laborers in certain service industries less than minimum wage. (The current federal minimum wage is $7.25 an hour, and Virginia has not adopted a higher level. However, Krizek, Boysko and other Democrats are pushing to raise it to $9 an hour this year and to $15 an hour by 2022.)

The bill would affect other employees, such as restaurant servers, in addition to the positions the sponsors say are directly connected to race.

“While doing research for a $15 minimum wage bill, I was angry and disappointed to learn that the Virginia Code includes exceptions to its minimum wage law that are clearly racist, meant to exclude jobs that have been mostly held historically by minorities,” Boysko said.

“As we continue to build our new Virginia economy, we must ensure that all people are treated fairly and have the same opportunities.”

HB 1259 has been assigned to the House Committee on Commerce and Labor.

Cold Temperatures Fail to Deter Inauguration Crowd

By Logan Bogert and Caitlin Barbieri, Capital News Service

RICHMOND –  Virginians had a lot of reasons to endure biting cold temperatures Saturday to witness Ralph Northam's inauguration as governor. Some of the estimated 5,000 spectators came with a plea of help. Some wanted to witness democracy in action. And others had dedicated themselves to the Northam campaign.

“I’m here to celebrate our way ahead,” Christine Payne of Williamsburg said, referring to Northam’s inaugural theme. “I worked hard for him since his primary, and I am here to continue that support. I hope to see his campaign promises come to fruition, from the environment all to the economy.”

Sophin Sok, a Richmond resident from Cambodia, said she came to the inaugural ceremony in hopes of getting Northam’s attention to pardon her fiance, who has been detained for three months and faces deportation.  

“He  came here at the age of 3, and he’s the biological father to three of my kids.” Sok said. “About a decade ago, he plead guilty to a charge, but he served his time, paid his debt to society and he turned his life around and pretty much put his family as a priority.

“They didn’t prepare him for anything, they just took him. They didn’t allow us to prepare ourselves -- so now it’s kind of hard for me because he is the main provider also and he’s a great father,” Sok said.

Sok said she and her fiance have children ages 1, 2 and 6. They  want Northam to write a pardon letter so he can come home and get a second chance to stay in America.

For Kevin Miller of Danville, the inaugural parade brought a special family meaning. He came to watch his son perform with the George Washington High School marching band. “It’s a great honor for them and an opportunity for them to do something they don’t get to do very often,” Miller said.

The ceremony and parade showcased Virginia's diversity.

The day opened with the Pledge of Allegiance, led by Boy and Girl Scouts from the All Dulles Area Muslim Society Center. And it closed with the blessing of the grounds by representatives of Virginia's Indian tribes.

Universities from across the state took part in the parade, as did such groups as Equality Virginia, the Cultural Center of India and the Charlottesville Cardinals Wheelchair Basketball Team.

New Immigrant Rights Legislation Aims to Protect Undocumented Virginians

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Margie Del Castillo, associate director of community mobilization at the National Latina Institute for Reproductive Health. (CNS photo by Adam Hamza)

 

By Caitlin Barbieri and Adam Hamza, Capital News Service

RICHMOND – The Virginia Coalition for Immigrant Rights called on the General Assembly Tuesday to pass legislation to provide driver's licenses and in-state college tuition to certain undocumented immigrants

Coalition members and student supporters spoke at a news conference advocating for legislation that would improve the lives of undocumented immigrants. Del. Jennifer Boysko, D-Herndon, attended to show her support.

“While Virginia cannot create a path to citizenship for undocumented students, Virginia does have the power to create opportunities for them,” Boysco said. 

Boysco plans to propose legislation that will give undocumented immigrants access to a state driver’s license. Virginia resident Gustavo Angels spoke at the meeting to express his support for such a bill.

“Drivers will be more likely to stay at the scene of an accident, aid police or other emergency workers and exchange insurance information with other drivers,” he said. “It would allow many community members to feel more comfortable reporting a crime or involving the police when they need help.”

Jung Bin Cho is a recent Virginia Tech graduate and registered as an undocumented immigrant through the Deferred Action for Childhood Arrivals in 2012. Because of DACA, he was able to work and go to school as an undocumented immigrant. Cho said his own access to a driver's license allowed him greater access to jobs. 

“It’s important [to have a driver's license] in Virginia because, I think, you need that to be successful,” Cho said.

Boysco has proposed HB 343, which expands eligibility for in-state tuition to students who have applied for legal residence or intend to apply.

“All Virginians benefit when each of our young people fulfill their greatest potential,” Boysko said.

“There are thousands of unfilled jobs in Virginia that require an associate’s or bachelor’s degree. We need an educated workforce to continue to build a new Virginia economy. These students are our neighbors, our friends, our coworkers, and family. I believe in building a more just and inclusive Commonwealth.”

When asked about the obstacles to the bill, Boysko said, “Some members of the House of Delegates believe that undocumented immigrants should not benefit from in-state tuition.  Clearly there are those at the federal level of government who hold those views.

“I hope that in Virginia we can do better.  The economic benefits of an educated workforce and the moral imperative of treating all of our young people fairly is the right choice for Virginia.”

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