Attorney General Lisa Madigan today announced a lawsuit against three underground employment agencies and two suburban Chinese buffet-style restaurants alleging numerous federal and state civil rights violations, as well as wage violations, in their treatment of immigrant Latino workers.
Madigan’s lawsuit alleges the employment agencies target Latino workers and act as central suppliers for Chinese buffet-style restaurants that seek to profit from illegal and exploitative wages and abysmal working conditions. The lawsuit alleges the restaurants consistently underpay these workers, discriminate against them based on their race and national origin, and house them in substandard conditions.
“My office fights to protect Illinois workers and their most basic rights,” said Madigan. “The employment agencies and restaurants in this lawsuit are exploiting workers through discrimination and inhumane conditions, violating both their civil rights and the state’s wage laws. Their conduct will not be tolerated in this state.”
The lawsuit was filed in federal court against three unlicensed employment agencies based in Chicago’s Chinatown neighborhood and their owners: Xing Ying, 2228 S. Archer Ave.; Jiao’s Employment Agency, 2276 S. Blue Island Ave.; and Chinatown Agencia de Empleo, 211 W. Alexander St.
Also named in the lawsuit as defendants are two restaurants that worked with the employment agencies to hire Latinoworkers: Hibachi Sushi Buffet, 3035 S. Cicero Ave., Cicero, and Hibachi Grill Buffet, 101 Busse Rd., Elk Grove Village.
Madigan alleges these employment agencies and their restaurant clients collectively set the wage rate as low as $3.50 an hour for each Latino worker referred, far below Illinois’s minimum wage of $8.25 an hour. For every referral of a worker, the agencies charge commissions and fees of $120 to $220, along with fees for lodging and transportation, which the restaurants then typically deducted from a worker’s paycheck ,which workers often wait months for, and then remitted to the agencies. The restaurants exclusively assigned Latino workers “back of the house” job duties, including washing dishes, cleaning the kitchen floor, cutting and preparing vegetables and meats, and maintaining the buffet.
Workers interviewed by Madigan’s office describe long workdays, poor wages, high-pressure work environments, crowded and substandard housing conditions, verbal abuse, discrimination and threats of violence. Employees typically work 12 to 14 hours per day, six days a week, with no official meal breaks. Workers are often housed by the restaurant owners in overcrowded, squalid conditions. In one instance, the lawsuit alleges the Hibachi Grill Buffet crowded as many as 15 employees into a three-bedroom apartment with only one bathroom and no furniture aside from soiled mattresses the workers found from a nearby dumpster.
Madigan’s complaint also alleges the three unlicensed employment agencies unlawfully market their ability to provide Latino workers in newspaper advertisements that make explicit references to workers’ race and national origin. For example, one agency advertised it could supply “a large number of Mexican workers,” and another claimed to be “the base camp for Mexican workers.”
The lawsuit is the result of Madigan’s ongoing investigation into wage violations and discriminatory practices against immigrant workers employed at Chinese buffet-style restaurants in Illinois. It alleges violations of the U.S. Civil Rights Act, Illinois Human Rights Act and the state’s minimum wage law. A copy of the complaint is attached.
Madigan urges any current and former workers of a Chinese buffet-style restaurant in Illinois to immediately contact her office to report wage abuse or discrimination in the workplace. Workers should contact Madigan’s Civil Rights Bureau at 1 (877) 581-3692.
- Not surprised - Friday, Nov 13, 15 @ 11:04 am:
And yet as soon as they gather enough evidence to shut one of these places down, 3 more will open in the meantime.
- Captain Illini - Friday, Nov 13, 15 @ 11:06 am:
I find the irony in this story to be dripping…a historically discriminated race exploits another race in the same historic fashion…pathetic.
To the post:
I also find it hard to set aside the aspect of Chicago as a “sanctuary city” and those whom know this only to exploit the fact that many illegals try and need to have employment…and though criminally low wages and living conditions, I wonder if it is a relative wage and condition to where they came. All in all, good for AG Madigan.
- Six Degrees of Separation - Friday, Nov 13, 15 @ 11:08 am:
Agree with Not Surprised. Just think of how many more of these illegal work-arounds with a $15 minimum wage. Every government action has an unintended consequence.
- wordslinger - Friday, Nov 13, 15 @ 11:18 am:
Six, you make an excellent argument for no laws at all.
Because if there’s a law, someone will break it.
- wordslinger - Friday, Nov 13, 15 @ 11:23 am:
Way to interfere with the benevolent Hobbesian state of nature, Lisa.
You know what this is going to do to the price of all-you-can-eat kum pao chicken?
Are there not criminal statutes applicable to this exploitation? Is this a possible human-trafficking situation, where these workers are paying off those who paid to smuggle them in?
Six, an unintended consequence of human trafficking laws is that some will try to work around them.
- a drop in - Friday, Nov 13, 15 @ 11:24 am:
Could this be a problem at non-Chinese buffets? Just wondering if there is more to come.
- hisgirlfriday - Friday, Nov 13, 15 @ 11:26 am:
These workers weren’t exploited because Illinois/Chicago enacted a minimum wage higher than the feds. Save the $15 mininum wage complaints for a story where the workers are not making less than what the minimum wage was 25 years ago. These folks were exploited because some human beings are so greedy and morally bankrupt they prize profit from worker exploitation over lawful respect for human dignity. The minimum wage should not be lowered or kept low below inflation to accomodate employer profits above human dignity from honest labor when human history (slavery) tells us that no wage is low enough if we let the extremes of human greed go unchecked
- Anon221 - Friday, Nov 13, 15 @ 11:28 am:
http://www.traffickingresourcecenter.org/labor-trafficking-venuesindustries/restaurantsfood-service
- How Ironic - Friday, Nov 13, 15 @ 11:32 am:
Sure makes a solid case for “Free Markets” right…Too bad we didn’t have RTW, they might have only been paid $2.75/hour.
- Anon221 - Friday, Nov 13, 15 @ 11:32 am:
Illinois stats from the Hotline:
http://www.traffickingresourcecenter.org/state/illinois
- Wensicia - Friday, Nov 13, 15 @ 11:41 am:
How safe is the food from these restaurants when it’s prepared by people forced into overcrowded and filthy living conditions?
- carbaby - Friday, Nov 13, 15 @ 11:52 am:
I used to work right down the street from the one in Cicero and when it opened, my staff/co-workers went there a couple times. Not that great. I thought the one in North Riverside on Roosevelt had the same owners- maybe not- but would be worth looking into. While her office is at it, maybe they can cruise down the street to the Race Track to see how the staff who are required to live on the grounds with similar pay/ housing/working conditions are doing. That would be an eye opener.
- Six Degrees of Separation - Friday, Nov 13, 15 @ 12:06 pm:
Six, you make an excellent argument for no laws at all.
Actually, I didn’t. It’s economics, and I’m not even arguing against a particular minimum wage as you seem to think. If there are people willing to work for $3.50 in an $8.25 world, there will also be people willing to work for $10 in a $15 world, and all the more incentive for those who would legally and illegally work around it. And caveat emptor; as Wensicia and carbaby point out, you usually get what you pay for.
- 47th Ward - Friday, Nov 13, 15 @ 12:09 pm:
To be fair, in addition to $3.50 an hour, they get free rent and all they can eat. So it’s not like they’re slaves or anything. They just aren’t free to do anything other than what their bosses tell them they can do. Did I mention the free food?
Now I’ll wait for the nanny state to put these job creators out of business. Somewhere Ayn Rand is weeping.
- Formerly Known As... - Friday, Nov 13, 15 @ 12:17 pm:
==Just think of how many more of these illegal work-arounds with a $15 minimum wage==
Machines that can prepare food to order are also becoming more affordable.
- illinoised - Friday, Nov 13, 15 @ 12:21 pm:
Kudos to hisgirlfriday whose comments reflect the the reality of the situation which the AG is addressing
- Last Bull Moose - Friday, Nov 13, 15 @ 12:27 pm:
Most Americans have little idea of how many poor people are in the world. Nor do they understand what poor means in places like Bangladesh and Somalia.
We are able to have minimum wage laws, 40 hour work weeks, and effective housing codes because we limit immigration. I don’t think we should become like the poorer nations, but we should appreciate how blessed we are.
Years ago I ran an operation overseas that paid low wages by U.S. standards but high wages by local standards. Were the workers exploited? Or were they lucky? I think lucky.
- Last Bull Moose - Friday, Nov 13, 15 @ 12:32 pm:
To clarify, the workers in Illinois were exploited. Our laws were broken. The workers overseas were hired in accordance with the law.
- Precinct Captain - Friday, Nov 13, 15 @ 12:48 pm:
Wage theft is a common occurrence and a big part of it is that people in low-wage service industries, for a variety of reasons, are unable to fight back against illegal employer actions.
- VanillaMan - Friday, Nov 13, 15 @ 1:46 pm:
I worked illegally while attending university overseas. I didn’t have a visa allowing me to work, so I was paid in cash under the table, working for minority-owned cafes. I was not paid the minimum wage and I was obviously taken advantage of. However, I really needed the money to live and I was able to eat anything not suitable for sale. It kept me fed and helped me survive. I really appreciated my employers and the risks they took to help me.
- tdoyle - Friday, Nov 13, 15 @ 1:57 pm:
Why is everyone dancing around the obvious?
If illegal immigrants were deported instead of “represented” by the state, there would be more jobs available for citizens. Judging from recent Dept of Labor reports there are many people looking for work in this state. This would also save taxpayers money by not having to pay citizens welfare and unemployment benefits.
- wordslinger - Friday, Nov 13, 15 @ 2:08 pm:
FKA, machines that can do the work of people? When did this happen?
Luddite nostalgia is hardly an argument against the minimum wage.
- Dee Lay - Friday, Nov 13, 15 @ 2:10 pm:
[[While her office is at it, maybe they can cruise down the street to the Race Track to see how the staff who are required to live on the grounds with similar pay/ housing/working conditions are doing. ]]
This would basically crush any remaining race tracks in the state, but still should be done.
- Team Sleep - Friday, Nov 13, 15 @ 2:23 pm:
This has to be one of the worst kept “secrets” in the restaurant industry.
- wordslinger - Friday, Nov 13, 15 @ 2:46 pm:
VMan, the fact that you were an American citizen going to university overseas indicates to me that perhaps your situation wasn’t quite the same during your happy exploitation as the folks here. I assume you had other options. Like walking away, whenever you wanted to.
Human trafficking in the restaurant industry, like the “gentlemen’s club” and home service industries, is for real.
- VanillaMan - Friday, Nov 13, 15 @ 2:54 pm:
If illegal immigrants were deported instead of “represented” by the state, there would be more jobs available for citizens. Judging from recent Dept of Labor reports there are many people looking for work in this state. This would also save taxpayers money by not having to pay citizens welfare and unemployment benefits.
This is a common argument, and completely wrong.
You are broke, hungry and need help in a foreign country. You need help, but can’t get it legally. Your friends tell you about someone who might help. You go to them and they listen. If you look like someone they can trust, you can get work. There are no monsters that I found lurking behind a kitchen door. Just people wanting to help, and can. They are risking a lot by helping you.
The idea that they are helping you in order to avoid hiring at full wage is silly and embarrassingly conspiratorial. They are letting you into their family business and trusting you as much as you are trusting them. Yes, they pay you less, but you get to eat. You get to have a place to stay warm. You get to be part of something. You don’t have to be lonely, hungry and poor.
There are real risks for the employer. They might have to let you go in a moment, in order to save their business. They might have to hide you to prevent any problems. You are not guaranteed anything.
In many ways, what they are doing is ethical and moral. They are feeding you, helping you and trusting you. The idea that these businesses are filled with horrible mean-spirited people is foolish.
I appreciated everything done for me by these people.
You need to know the other side of this story, so I hope my experience being an illegal worker helps you better understand.
- How Ironic - Friday, Nov 13, 15 @ 3:01 pm:
@ VM “I really appreciated my employers and the risks they took to help me.”
If that’s not Stockholm Syndrome textbook I’m not sure what is.
“I was not paid the minimum wage and I was obviously taken advantage of. However, I really needed the money to live and I was able to eat anything not suitable for sale.”
Sounds like you were saying “I was happy to be paid far less than I should have, and felt lucky that I was afforded the opportunity to eat food not fit for others to consume.” A real Ayn Rand utopia you were living there VM.
- VanillaMan - Friday, Nov 13, 15 @ 3:02 pm:
I assume you had other options. Like walking away, whenever you wanted to.
Walking away meant not finishing my studies. Walking away still meant finding money to get home. Walking away meant giving up. I was happy that there were people who helped me when so many others only wanted to follow the rules and let me go without.
Human trafficking occurs due to legal prostitution. The girls I knew who needed money were taken advantage of as sex workers. Being a sex worker was legal. It was also debasing and required a pimp to sell you. The girls were envious of my ability to get money without prostitution.
What I was doing was illegal, but safe for me. What they were doing was legal, but dangerous. Human trafficking occurs under LEGAL means and legalized prostitution causes human sex trafficking, based upon my experiences. I was never that desperate.
- VanillaMan - Friday, Nov 13, 15 @ 3:05 pm:
If that’s not Stockholm Syndrome textbook I’m not sure what is.
I could walk away when I needed to. I was not a slave. Your textbook is based upon theory, not reality.
- jeffinginChicago - Friday, Nov 13, 15 @ 3:10 pm:
This is not limited to Chinatown. Very common practice to underpay and not declare income tax etc. Also wages are paid in arrears to keep workers showing up. No legal protections whatsoever
- Wensicia - Friday, Nov 13, 15 @ 3:19 pm:
==In many ways, what they are doing is ethical and moral. They are feeding you, helping you and trusting you.==
I’m sure former slave owners from the pre-civil war days felt the same.
- Anonymous - Friday, Nov 13, 15 @ 3:45 pm:
I can’t confirm that their wages violate the law, but there is a similar “base camp” of Chinese workers for a few of the buffets in Springfield. They get them a visa, provide crowded housing and pay who knows how much. They are not hiding, some of their housing is over by SHG less than 2 miles from the capitol. Again I can’t confirm their pay, but I know someone who knew a woman who immigrated in that fashion. They also provide services to help assimilate. I was told they charge $500 to create a Facebook account. She was an older woman.
- VanillaMan - Friday, Nov 13, 15 @ 3:54 pm:
I’m sure former slave owners from the pre-civil war days felt the same.
Your arrogance is astounding. Sorry the life I lived doesn’t fit your little world.
- How Ironic - Friday, Nov 13, 15 @ 4:12 pm:
@VM, “Being a sex worker was legal.”
One final thought VM, according to In Plain Sight, the average age for a girl entering the sex trade business in the USA is 12-14.
Give that some thought please before you spout off about it being tied to the legal sex trade in Nevada. It’s got nothing to do with it. Nothing.
- VanillaMan - Friday, Nov 13, 15 @ 4:19 pm:
I’m not discussing US laws.
My experience was overseas where blonde, blue-eyed and perfect smiles get paid top Euros to serve foreign businessmen fantasizing about Americans.
It is legal there.
I didn’t need to read about it.