Immigrant workers are more vulnerable to exploitation due to language barriers, lack of information about their rights, and fear of detention or deportation. Immigrant restaurant workers in our sample reported higher rates of em- ployment law violations than U.S.-born workers. Eight percent (8.1%) of immigrant workers in our sample reported earning less than $7.25, a percentage that was higher than the comparable rate for U.S.-born workers (5.8%). How- ever, it should be noted that not all immigrant groups reported similar wage earnings. Haitian immigrants reported a median wage of $8.21, Mexican and Central American immigrant workers reported a median wage of $9.00, and other Latino immigrants reported a median wage of $11.00. Thus Haitian, Mexican, and Central American immi- grants earned on average below the $9.50 median wage of U.S.-born workers, while Other Latino immigrants aver- aged higher. However, as stated earlier in this chapter, there are important race and class distinctions within these Latino immigrant groups that affect social and economic outcomes. More study is needed to better understand this complex picture. Nevertheless, the data shows that many immigrants in Miami-Dade’s restaurant workforce face severe challenges.
Employers reported that immigrant workers were more likely to suffer under low wages and poor working condi- tions. Table 18 shows that immigrant workers are more likely to suffer health and safety violations at work than U.S.-born workers. Table 19 shows that these disparities become even more pronounced when differentiating by workers’ documentation status. Under these conditions it should be no surprise that undocumented immigrants were
more likely to have been burned (53.6% of undocumented workers vs. 31.1% of citizen and documented workers) or to have slipped and injured themselves on the job (24.6% vs. 16.1%).61
A Latina server and bartender we interviewed with 5 years industry experience expressed her frustration with the discrimination she has faced based on her status as an immigrant: “One specific example of discrimination was jokes the manager made about my accent … in more American restaurants, with American managers. You feel the dif- ference. You’re discriminated against [and] get lower positions. Or within the group of waiters/waitresses, there are lower ones and higher ones who receive the best shifts, the best sections, get the best tips.” A Latina line cook with 4 years in the industry expressed her frustrations at the lack of respect she is given despite her education: “Normally, we Latinos come here to this country having been professionals but … our studies don’t have any validity. I might have more understanding and knowledge than the next person but the simple fact that he studied here puts him above me.”
TABLE 18: Immigrant Workers and Health and Safety Violations
Immigrant Worker U.S. Born Worker Unsafely hot in the kitchen 39.9% 27.7% Fire hazards in the restaurant 26.8% 17.6% Missing guards on cutting machines 30.8% 18.9% Done something that put own safety at risk 43.9% 38.1% Did not receive instruction or training about workplace
safety 41.4% 18.3%
Source: Miami-Dade Restaurant Industry Coalition
TABLE 19: Undocumented Immigrant Workers and Health and Safety Violations
Undocumented Immi-
grant Workers Citizen and Documented Workers Unsafely hot in the kitchen 52% 30%
Fire hazards in the restaurant 36.3% 20% Missing guards on cutting machines 38.3% 22.5% Done something that put own safety at risk 54.2% 38% Did not receive instruction or training about workplace
safety 55.7% 26%
Source: Miami-Dade Restaurant Industry Coalition
Close to twenty percent (19.5%) of our survey sample reported not having legal documents to work in the United States. While our survey statistics reveal disproportionately harsh conditions for undocumented workers, it should be understood that these numbers are likely conservative because undocumented workers suffering the worse condi- tions are likely to underreport their true legal status and any conditions of exploitation due to fear. The worker and employer interviews supplement this data by illustrating undocumented restaurant workers’ experience in the indus- try with conditions of workplace exploitation and constant fear of deportation.
A Latino server and cook with 5 years of industry experience told us of the difficulties he has faced as an undocu- mented worker facing intimidation and threats of being fired: “If you don’t have papers and or you are new to the states [employers] take advantage of you and they don’t offer you anything. … And they tell you if you don’t like it you can go somewhere else. … We’re always getting threats by the managers. If they don’t like something they are
It is important to note that the large majority of employers interviewed explicitly supported full amnesty for undocu- mented immigrants or a more open immigration system where immigrant workers have more rights. A manager of a fine dining restaurant in the industry since “the age of 14” found it hypocritical to persecute immigrants in America: “ I mean this is America, everybody came from somewhere. I don’t understand someone getting mad at someone who wants to come here and live.” Another manager of a family style restaurant with 16 years of industry experi- ence told us, “I believe that a lot of people have been here for so many years with family and kids and I think these people deserve a chance to be free.”
Ricardo Philizaire
Haitian-American, 28 years old, 10 years in the industry, server, bartender
Philizaire is a ten-year veteran of the Miami restaurant industry where he works as a server and bartender in a family-style restaurant. He is a single Haitian man who grew up in Miami. In his free time he enjoys writing.
Philizaire described the discrimination and racial segregation that he has observed in the restaurant industry. At his current restaurant, “a lot of Haitian workers that work there are mostly in the kitchen or laundry station. Not a lot are bartending or serving or positions like
that.” Career advancement and promotions are not common for Black employees of the restaurants he has worked for. He told us that despite his ten years of experience, “I was in every single position, except for management.” He also described how certain management policies are inconsistently enforced in order to discriminate against Blacks: “There is a no-hat and no-sunglasses policy. That’s mostly [enforced] towards Black people. Them doing that allows them to turn Black people away. They are putting that policy towards Black people – in general, Black people that go there and workers.”
Philizaire also told us that he has been unfairly treated at times despite his best efforts. At one restaurant, his former employer falsely accused him of credit card theft. He explained that he tried to alert management that he had observed other employees using customer credit card numbers to steal money. Instead of being rewarded for notifying the management, he was accused of being a part of the scam, a treatment he felt he received because of his race: “I was wrongly accused of something I didn’t do. The police officer told me they had a videotape. I told them I’d like to see it. … [Other employees] were doing credit card scams. I was one of the reliable people who told them what was going on. … I actually wrote a letter and documentation of what went on [seeing employees stealing the credit card numbers]…He was assuming I was involved in it!” As one of the few Black employees, he felt he was targeted unfairly and management assumed he was involved in this situation. When he asserted his rights and asked to see the proof of the crime he was accused of, they did not produce any evidence.
Philizaire described how a White manager at another restaurant he worked for would show preferential treatment towards White workers on the daily schedule and station selection. “This lady, the bar manager, she [gives] to the people that she likes the greatest positions in the dining room area. They [White workers] always get the back tables where there’s a lot of people and money to be made. They give the crappy tables to the to the other people. … [She would favor] Whites and people in her family.” This same manager would also ensure the most lucrative private parties are scheduled with the same White workers and family members. “Whenever we have a private party or event. She always put her name [to work] if there is a party with a gratuity. She doesn’t evenly trade out to different people who can handle the party. She puts her name and then she puts who she wants to work with.”