A Persistent Legacy of Slavery
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A PERSISTENT LEGACY OF SLAVERY Ending the Subminimum Wage for Tipped Workers as a Racial Equity Measure AUGUST 2020 One Fair Wage The UC Berkeley Food Labor Research Center IN 2020, both the COVID-19 pandemic and the uprisings for racial justice catalyzed by the police murder of George Floyd illuminated the repression, precarity, and exclusion facing people of color, particularly Black people, through- out U.S. society. This year has brought to the forefront three major sources of violence and harm to Black com- munities and communities of color more generally: police violence, health inequities and economic precarity. The PLEASE NOTE: nexus of these three forces is acutely felt by one of the This report, based both on largest workforces in the country — tipped service workers. government data and recent surveys and interviews with restaurant Women and people of color disproportionately comprise the tipped workers across the country during service sector, the largest share of which comes from the restaurant the COVID-19 pandemic, updates industry. The restaurant industry is one of the largest and fastest our recent report on the New York growing industries and also the lowest paid, with more than 13 mil- race and gender pay gap in the lion restaurant workers and 6 million tipped workers nationwide.1 restaurant industry by comparing Indeed, eight of the 15 lowest-paid occupations are restaurant jobs, 2 the same pay gap between Black seven of which are tipped. As COVID-19 forced the closure of thou- women and white men in restaurant sands of restaurants nationwide, as well as other tipped personal dining floors in all states with service occupations such as nail salon, car wash, airport and parking attendants, and tipped gig workers, this workforce plummeted even significant Black populations, and deeper into poverty and financial insecurity. by combining surveys of workers from multiple states to understand These workers’ low pay is a result of the subminimum wage for the current experience of service tipped workers, a legacy of slavery that emerged during the era workers of color nationwide. following Emancipation to exploit recently freed people, particu- larly Black women. This legacy continues today. In 43 states across the country, tipped workers, still subject to a subminimum wage by law, are twice as likely to live in poverty and rely on food stamps then the general workforce.3 Tipped workers in these states also suffer from twice the rate of sexual harassment compared to the seven states that offer a full wage with tips on top.4 These statistics are worse for tipped workers of color. Workers of color experience poverty at more than twice the rate of white restaurant workers.5 Focusing particularly on the restaurant industry, government data shows that 45% of res- taurant workers are people of color and the majority are women,6 largely employed in casual restaurants where wages, and more importantly, tips, are limited. To further illustrate this point, additional national research shows that only 22% of people of color and 43% of women 1 are employed in the highest paying front of house positions in fine dining.7 It is this overcon- centration of workers of color and women in casual restaurants and under concentration in high paid fine dining positions that is leading to a large race and gender wage gap, particu- larly between Black women and white men. This report, based both on government data and recent surveys and interviews with restaurant workers across the country during the COVID-19 pandemic, updates our previous report on the New York race and gender pay gap in the restaurant industry by comparing the pay gap between Black women and White men in restaurant dining floors in all states with significant Black popula- tions, and the current experience of workers of color nationwide. Our updated findings indicate that: 1 The national race and gender wage gap between tipped restaurant workers who are white men and Black women stands at $4.79. However, New York and Massachusetts trail only Alabama with the highest race and gender wage gaps in the nation, at $7.74 and $7.79 respectively. As self-proclaiming progressive leader states on race, Massachusetts and New York allow a race and gender wage gap in the restaurant industry that is 60% worse than the rest of the nation, a reality that has been ex- acerbated by the subminimum wage for tipped workers. This already-existing disparity is now being felt profoundly when these workers are being asked to return to work for a subminimum wage and far less in tips. 2 The subminimum wage for tipped workers and this race and gender pay gap have resulted in a horrific experience for Black tipped workers during the COVID-19 pandemic. Combined survey data from multiple states indicates that 72% of Black tipped service workers reported experiencing barriers with regard to accessing unemployment insurance, 95% of Black tipped service workers reported being unable or unsure whether they could afford their rent or mortgage, and 84% percent of Black workers reported only being able to afford groceries for 2 weeks or less — all at much higher rates than their white counterparts. 3 Workers being asked to return are facing both grave health risks and a subminimum wage for tipped workers when the majority of tipped workers surveyed from multiple states report that their tips are down at least 50%. This impact will be felt most by workers of color, who because of customer bias earn less in tips to begin with. We document how these inequities for people of color, and women of color in particu- lar, are caused by both the subminimum wage for tipped workers and race and gender segregation in the service sector. As the economy re-opens and workers are forced to resume potentially dangerous occupations or lose their unemployment insurance, many will see deeply reduced incomes. Limited restaurant capacity, plummeting tipping rates and customers who refuse to comply with health protocols leave many tipped service workers’ lives and livelihoods at grave risk. With so many futures on the line, it is more clear than ever that we must eradicate the subminimum wage for tipped workers and pass One Fair Wage legislation. This legislative change as well as government programs that incentive new corporate policies and practices to end racial and gender discrimination create the clearest pathway to ensure the lives of Black workers, women and all workers are truly valued and protected. 2 { I } THE RESTAURANT SECTOR’S RACE AND GENDER WAGE GAP KEY FINDING › Trailing only Alabama, Massachusetts and New York claim the worst race and gender wage gaps in the country between white men and Black women working in restaurant dining floors. With near equivalent wage gap around $7.75, this means that Black women in the industry in these two states are earning just 60% of what white men earn.8 The subminimum wage allows employers in 43 states to pay workers below the state’s set hourly minimum wage, forcing employees to make up their remain- ing wages based on tips. This policy is a direct legacy of slavery. At the time of Emancipation, restaurant industry leaders sought to hire newly-freed slaves, mostly Black women, for little to no pay, instead forcing people to rely on tips. The original concept of tipping, which originated from Europe, always required tips as a bonus on top of a wage, never as a replacement. The restaurant in- dustry nevertheless seized upon this mutation and incorporated the tipped wage into the nation’s first minimum wage laws, thus allowing workers to be paid primarily through customer tips. Due to decades of continued lobbying by the National Restaurant Association, the federal subminimum wage remains trapped at only $2.13 an hour for tipped workers. Of the 43 states that allow for a subminimum wage for tipped workers, only 28 of these states have instituted state subminimum wages above $2.13, and the majority still offer protections of less than $5 an hour.9 The subminimum wage for tipped workers disproportionately impacts workers of color and women. Today, 41% of all tipped workers are people of color.10 Women are also overrepre- sented in the tipped worker sector, where over 66% of tipped workers are women and 37% are mothers.11 Race and gender inequities are rampant throughout the tipped service sec- tor, particularly in restaurants, which claim the largest share of tipped workers. According to analysis of government data in all US states with sufficient populations of Black restaurant workers to make statistically significant comparisons, New York and Massachusetts trailed only Alabama in claiming the highest race and gender wage gaps in the country between tipped restaurant workers who are white men and Black women.12 With a wage gap of $7.74 and $7.79 respectively, this means that Black women in the industry are earning just 60% of what white men earn.13 In fact, the New York and Massachusetts race and gender wage gaps are 60% worse than the nationwide race and gender wage gap. 3 . These race and gender pay inequities are a direct result of three factors. The first is that women and Black and brown people of color, particularly women of color, are overrepre- sented in lower paid sectors of the industry, such as casual dining establishments like Denny’s and Applebee’s, instead of fine dining restaurants in which tips are significantly higher. The second is that the few workers of color who gain entry into fine dining restaurants experi- ence greater levels of occupational segregation between higher and lower paid positions in the ‘front of the house’ (dining room and supervising staff), which we call Tier I and Tier II positions respectively.