Restroom Attendants Underpaid, Cheated By Their Employers
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Bathroom attendants who turn on the water, pump the soap dispenser, and offer towels to patrons at some of Manhattan’s fanciest restaurants are underpaid and often robbed of tips by their own employers, New York State’s attorney general said yesterday.
Eliot Spitzer announced settlements with landmark eatery Tavern on the Green and a company that operates popular spots like Ruby Foo’s and Blue Water Grill. The settlements, which provide back wages for some workers, allow bathroom attendants to work for restaurants directly, cutting out the middleman hiring service.
Mr. Spitzer also filed a lawsuit against a company that provides such services – Royal Flush, which provides bathroom attendants for numerous high-end establishments like French bistro Balthazar, Chelsea nightclub Suede, and the Cutting Room, which is co-owned by “Sex & the City” star Chris Noth.
Mr. Spitzer said Royal Flush did not pay its workers a minimum wage, and then forced them to surrender a portion of their tips, against state labor laws.
“What we had here is a violation on both counts – not only were these employees not being paid at all, but they were then being required to pay back 25% to 30% of the tips that they received,” Mr. Spitzer told reporters.
The attorney general’s office is investigating another company for similar actions.
The lawsuit filed against Royal Flush in State Supreme Court in Manhattan seeks $3 million in damages, unpaid wages, and lost tips and seeks an injunction preventing the company from continuing the alleged practices. Mr. Spitzer said the company employs about 70 workers.
Royal Flush declined to comment on the lawsuit.
Mr. Spitzer could not say whether the establishments that had an arrangement with Royal Flush were aware of how the company treated its workers.
Rather than sue the venues, Mr. Spitzer’s office is sending them a letter describing the problem and suggesting they hire bathroom attendants directly – similar to the settlements reached with Tavern on the Green and BR Guest, the company that operates several other eateries.
Tavern on the Green and BR Guest did not work with Royal Flush, but the attendants who worked in their bathrooms suffered similar problems with their employers, Mr. Spitzer said.
Shelley Clark, a spokeswoman for Tavern on the Green, said the Central Park restaurant had no idea its bathroom attendants were being treated unfairly. Over the years the restaurant has hired attendants from various contractors.
“If the people are doing a good job and we’re not hearing complaints, there’s no reason for us to get involved,” she said.
Under the settlements, both have agreed to hire bathroom attendants, pay them minimum wage, and allow them to keep their tips. Tavern on the Green will also pay up to $175,000 to compensate several attendants for back wages.