Unions have worked  hard with political baking (Democrata) to create a large
body of workers, to create problems in the workforce historically, which is not
creative, or helpful to employees who wish to improve in life, and diminish
workers ability to learn and raise higher in status,eg, how many unionist are
self employed, or run a business, barely none because they are made to do
minimal work badly, so that they don't have the ability to improve and have to
rely on unions to support them, (goffers) Unions teach unionist all their
rights, but what about the amount of work that they are supposed to do for their
wages? there are no rules there, they are told to do as little as possible,
People that hire people must have rights and protection from thugs, and workers
should have a right to choose if they wish to join an organization or not.
Giuseppe


From: Mr Paul C. Paz
Sent: Wednesday, December 23, 2009 8:18 PM
To: WaitersWorld
Subject: [WaitersWorld] "CARD CHECK" - U.S. Chamber, AOI sue state (Oregon) over
new law



U.S. Chamber, AOI sue state over new law
Portland Business Journal   December 22, 2009
http://portland.bizjournals.com/portland/stories/2009/12/21/daily19.html?ed=2009\
-12-22&ana=e_du_pub
The U.S. Chamber of Commerce and Associated Oregon Industries filed a lawsuit
Tuesday, arguing that a new Oregon law unconstitutionally eliminates an
employer’s right to conduct mandatory meetings with employees to rebut union
rhetoric and provide information about the drawbacks of a unionized workplace.
The law, known as SB 519, is scheduled to become effective Jan. 1. The case is
Associated Oregon Industries and Chamber of Commerce of the United States v.
Brad Avakian and Laborers’ International Union of North America, Local No.
296.
“Organized labor hasn’t been able to muster the votes or the public support
to pass card check, so they’ve moved on to ‘Plan B’ to muzzle employers
during union organizing drives,” said Steven Law, chief legal officer and
general counsel for the U.S.. Chamber, in a statement. “Just like card check,
this law flies in the face of our country’s democratic values.”
Card check is a process where employees sign authorization forms stating they
wish to form or join a union.
In its lawsuit, the chamber argues that federal law pre-empts the Oregon law,
which runs counter to 50 years of federal protection for employers’ rights to
hold mandatory meetings to rebut labor leaders’ rhetoric about unionizing. The
chamber’s lawsuit also alleges that SB 519 violates employers’ speech rights
guaranteed by the First Amendment.
Oregon's AFL-CIO chapter called the lawsuit unfounded. The union claims such
companies as Wal-Mart have called employee meetings to lobby workers to support
certain political candidates.
"Some employers seem to be threatened by the idea that they will no longer be
able to fire or punish workers who don't want to sit down and listen to their
opinions on non-work-related topics," said Tom Chamberlain, Oregon AFL-CIO
president, in a statement. "But for too many years, Oregonians have felt
threatened by their bosses telling them how to vote or what to believe. (The
measure)is necessary, overwhelmingly supported by Oregonians, and legal."
Oregon is the first state in the nation to pass such a law, which is based on
model legislation drafted by the AFL-CIO. The AFL-CIO has introduced similar
laws in numerous other states.

[Non-text portions of this message have been removed]





[Non-text portions of this message have been removed]

We need a body of fair and just people to to consider  both sides, the Industry
and the Employees
  it has to be balanced, the Union is not. Giuseppe

From: Giuseppe
Sent: Wednesday, December 23, 2009 9:04 PM
To: WaitersWorld@yahoogroups.com
Subject: Re: [WaitersWorld] "CARD CHECK" - U.S. Chamber, AOI sue state (Oregon)
over new law



Unions have worked hard with political baking (Democrata) to create a large body
of workers, to create problems in the workforce historically, which is not
creative, or helpful to employees who wish to improve in life, and diminish
workers ability to learn and raise higher in status,eg, how many unionist are
self employed, or run a business, barely none because they are made to do
minimal work badly, so that they don't have the ability to improve and have to
rely on unions to support them, (goffers) Unions teach unionist all their
rights, but what about the amount of work that they are supposed to do for their
wages? there are no rules there, they are told to do as little as possible,
People that hire people must have rights and protection from thugs, and workers
should have a right to choose if they wish to join an organization or not.
Giuseppe

From: Mr Paul C. Paz
Sent: Wednesday, December 23, 2009 8:18 PM
To: WaitersWorld
Subject: [WaitersWorld] "CARD CHECK" - U.S. Chamber, AOI sue state (Oregon) over
new law

U.S. Chamber, AOI sue state over new law
Portland Business Journal December 22, 2009
http://portland.bizjournals.com/portland/stories/2009/12/21/daily19.html?ed=2009\
-12-22&ana=e_du_pub
The U.S. Chamber of Commerce and Associated Oregon Industries filed a lawsuit
Tuesday, arguing that a new Oregon law unconstitutionally eliminates an
employer’s right to conduct mandatory meetings with employees to rebut union
rhetoric and provide information about the drawbacks of a unionized workplace.
The law, known as SB 519, is scheduled to become effective Jan. 1. The case is
Associated Oregon Industries and Chamber of Commerce of the United States v.
Brad Avakian and Laborers’ International Union of North America, Local No.
296.
“Organized labor hasn’t been able to muster the votes or the public support
to pass card check, so they’ve moved on to ‘Plan B’ to muzzle employers
during union organizing drives,” said Steven Law, chief legal officer and
general counsel for the U.S.. Chamber, in a statement. “Just like card check,
this law flies in the face of our country’s democratic values.”
Card check is a process where employees sign authorization forms stating they
wish to form or join a union.
In its lawsuit, the chamber argues that federal law pre-empts the Oregon law,
which runs counter to 50 years of federal protection for employers’ rights to
hold mandatory meetings to rebut labor leaders’ rhetoric about unionizing. The
chamber’s lawsuit also alleges that SB 519 violates employers’ speech rights
guaranteed by the First Amendment.
Oregon's AFL-CIO chapter called the lawsuit unfounded. The union claims such
companies as Wal-Mart have called employee meetings to lobby workers to support
certain political candidates.
"Some employers seem to be threatened by the idea that they will no longer be
able to fire or punish workers who don't want to sit down and listen to their
opinions on non-work-related topics," said Tom Chamberlain, Oregon AFL-CIO
president, in a statement. "But for too many years, Oregonians have felt
threatened by their bosses telling them how to vote or what to believe. (The
measure)is necessary, overwhelmingly supported by Oregonians, and legal."
Oregon is the first state in the nation to pass such a law, which is based on
model legislation drafted by the AFL-CIO. The AFL-CIO has introduced similar
laws in numerous other states.

[Non-text portions of this message have been removed]

[Non-text portions of this message have been removed]





[Non-text portions of this message have been removed]

Paul,
 
Tell me what's going on.  You said you worked your last day at your
restaurant.  What happened?
 
Tony

--- On Wed, 12/23/09, Paul <waitersworld@...> wrote:


From: Paul <waitersworld@...>
Subject: [WaitersWorld] Re: New Direction
To: WaitersWorld@yahoogroups.com
Date: Wednesday, December 23, 2009, 3:38 AM


 



Hey Jess...
What a wonderful post!
Glad things are moving well for you.
Believe it or not, I just worked my last day at my restaurant that I been at for
almost 18-years. I'm still working in the hospitality industry but more in the
consulting area plus social media applications for the restaurant industry. I'll
still have a hands-on role tableside... just to keep me honest. Can't ever
rfeally remove myself from the hustle and bustle of a fast paced shift!
Thanks!
Paul www.WaitersWorld. com

--- In WaitersWorld@ yahoogroups. com, "zipperfuzzy" <zipper5555@ ...> wrote:
>
> Hello Every-one... .wow, its been almost a year since I have had the chance to
take alook at the posts on here. I have them sent to my email so I have been
able to at least follow the ups and downs of the industry that way....
>
> Well, some of you might remember I lost my job waiting tables last christmas
and is was a tough go. But I also said that I might try something new...and well
you won't believe what I have gotten' myself into....lol. ..Anyway my new
direction for a career is Assessing (property tax's and all that). I am now
employed with my county since Feb. of 09 and I have taken and passed my Level's
1 and 2 State Assessing class's. I also am Fema and EOC certified and working
with GIS Global Mapping systems....hey what a way different direction to go in
life.
>
> My first love will always be waiting tables and being with the public that
way...but because of the economy and where I live it wasn't easy to keep a job
right now. So I chose a new career after 20 years of waiting tables, I still get
to work with the public and I still enjoy reading all the posts that
waitersworld provides. I do get a chance every now and again to work a quick
shift on the weekends at our local resturant, so that keeps me happy. Thanks for
all the support last winter...it really got me through and this winter is so
much better. Paul keep up the great work. Your site has given not only me
inspiration in what a person can accomplish but it gives us a chance to talk to
the people that understand us the most all the other waiters and waitress's out
there...having a tough time hang in there things will get better....try a new
direction for now if they are not working out for you right now you can always
go back to waiting tables when the
  time is right but if not then you have a new path...thanks again and Merry
Christmas to all of you and Happy New Year...Jess
>











[Non-text portions of this message have been removed]

Hello, everyone.  How's everyone doing. Just joined this group.  It
seems neat.

Glad to be here.  [:D]



[Non-text portions of this message have been removed]

You should feel great!  We're here for you!  Tony

--- On Sat, 12/26/09, WHOSE <whosedisonaol@...> wrote:


From: WHOSE <whosedisonaol@...>
Subject: [WaitersWorld] Greetings
To: WaitersWorld@yahoogroups.com
Date: Saturday, December 26, 2009, 1:11 PM


 





Hello, everyone. How's everyone doing. Just joined this group. It
seems neat.

Glad to be here. [:D]

[Non-text portions of this message have been removed]











[Non-text portions of this message have been removed]

"Shipping containers-turned-eatery"
Subway redesigns a shipping container into a mobile restaurant atop the new
towers being built at NYC "Ground-Zero".
http://www.google.com/hostednews/ap/article/ALeqM5hv0Y-A0oQW2-B88x6cwNS_KSB9HgD9\
CP9M7O0




[Non-text portions of this message have been removed]

Right when you thought owning a restaurant was "easy money"! Surprise! The
science of�thrift. Very interesting segment on "eye-gaze" strategies for "menu
manipulation" via the menu visual layout!
�
Food for Thought: Restaurants Trim Fat - ABC News
abcnews.go.com
Learn to make every penny count for your struggling restaurant.
http://abcnews.go.com/video/playerIndex?id=9439024
�




[Non-text portions of this message have been removed]

OSI settles class-action sex discrimination suit for $19M
By Ron   Ruggless  - NRN 12/30/09
http://www.nrn.com:80/breakingNews.aspx?id=377536&utm_source=MagnetMail&utm_medi\
um=email&utm_term=Tips@waitersworld.com&utm_content=NRN-News-NRNam-1-5-10&utm_ca\
mpaign=Jan.%205,%202010%20-%20Taco%20Bell%20takes%20top%20TV%20ad%20in%202009
 
TAMPA, Fla. (Dec. 30, 2009) Outback Steakhouse parent company OSI Restaurant
Partners LLC has agreed to pay $19 million to settle a class-action lawsuit
filed by women claiming that corporate promotions were tainted by sex
discrimination.
The Tampa-based restaurant operator said this week that the consent decree with
the U.S. Equal Employment Opportunity Commission “includes no finding of fault
on the part of Outback.”
The lawsuit was originally filed in September 2006 on behalf of two Colorado
women, Rosalind Martinez and Mindy Byers. The suit alleged they were not
promoted beyond low-level restaurant management jobs while less qualified men
were made “managing partners,” who could share in restaurant profits. Female
employees “hit a glass ceiling at Outback and could not get promoted to the
higher-level profit-sharing management positions in the restaurants,” the EEOC
lawsuit alleged.
The settlement could include numerous female employees at various locations
throughout the United States. The Outback Steakhouse chain totals about 971
restaurants, of which 792 are based in the United States. OSI also operates and
franchises the Carrabba’s Italian Grill, Bonefish Grill, Fleming’s Prime
Steakhouse & Wine Bar and Roy’s Hawaiian Fusion Cuisine brands.
 
GO TO  LINK ABOVE FOR COMPLETE ARTICLE




[Non-text portions of this message have been removed]

Recruiters’ Use of Criminal and Credit Checks Colliding With Legislative
Constraints

Even employers that limit the types of screening results that will lead to
adverse hiring decisions may violate federal law.
By Fay Hansen
http://www.workforce.com/archive/feature/26/74/44/index.php

xplosive growth in the background screening industry during the past decade has
generated near-universal adoption of criminal checks and a steady rise in credit
checks for all U.S. job candidates.
    In some industries, recruiters are using criminal and credit screening
as a quick and easy method for culling the ever-larger pile of applications. But
this growing reliance on screening is on a collision course with new legislative
restrictions, legal challenges and mounting evidence that such results are poor
predictors of behavior and performance..
    Even employers that limit the types of screening results that will lead
to adverse hiring decisions may violate federal law. On October 1, the Equal
Employment Opportunity Commission filed a discrimination lawsuit against Freeman
Cos., a nationwide convention and corporate events marketing company.
    Since at least 2001, Freeman has rejected job applicants based on their
credit history and if they have had various types of criminal charges or
convictions, the suit claims. The EEOC says these exclusionary practices are not
job-related or justified by business necessity.
    In March, the EEOC settled a lawsuit against Franke Foodservice Systems,
which refused to hire a black applicant who disclosed a felony conviction on his
application even though the company hired a white applicant a year earlier who
made a similar disclosure. A spate of EEOC and private lawsuits are pending
against other companies for unlawfully denying employment to people with
criminal records or bad credit histories.
    EEOC hearings on screening practices in November 2008 included expert
testimony that the results are not good predictors of employee behavior or
performance. In addition to greater EEOC scrutiny of criminal record screening
practices, a growing number of states now prohibit or limit pre-employment
arrest inquiries.
    One in five U.S. adults now have a criminal record that would show up on
a routine pre-employment background check, according to estimates based on
Bureau of Justice data.
    “Everyone checks for criminality for all jobs,” says Robert Pickell,
vice president for customer solutions at HireRight, a background screening
provider based in Irvine, California.
    HireRight’s 2009 survey results confirm this, with 93 percent of
employers reporting that they run criminality checks, up from 85 percent in
2008.
    “Criminality usually leads to adverse actions,” Pickell notes.
    HireRight surveyed 1,411 employers of all sizes from more than 15
industries. The survey found that 84 percent of employers conduct comprehensive
screening before the first day of work; 8 percent screen immediately after the
start.
    The HireRight survey found that 42 percent of employers check credit
histories, up from 36 percent in 2008, but legislators are increasingly
challenging the use of credit checks in pre-employment screening. In the second
quarter of 2009, U.S. consumer loan and credit card delinquencies rose to their
highest level in 35 years, according to American Bankers Association.
    Congress is considering a bill that would prevent employers from using
credit reports in their hiring or promotion decisions. In June, Hawaii joined
Washington state in limiting the use of credit checks in pre-employment
screening; bans or restrictions also are under consideration in Michigan, Ohio,
Connecticut, Missouri, New York and Texas. A California bill that restricts
credit checks in pre-employment screening cleared the state Legislature in 2008
and 2009, only to be vetoed twice by Gov. Arnold Schwarzenegger.
Adverse actions
    For 53 percent of employers, screening results adversely affect the
hiring decision in 4 percent or less of the cases, according to the HireRight
survey. Ten percent of employers report that adverse actions occur in 10 to 15
percent of the screens.
    “This is often around issues in the verification area, plus
criminality,” Pickell reports.
    At the other end of the adverse-action spectrum, 10 percent of employers
report that screening adversely affects the hiring decision in a staggering 50
percent or more of the cases.
    “The 50 percent-or-more adverse-action group is probably in industries
where you have low-skilled hourly workers and low job requirements,” Pickell
says. “Employers are interested in quickly filling positions and conduct
screening across a broad population.”
    In these industries, he notes, recruiters may put large numbers of
candidates though a less stringent recruiting process with minimal criteria and
then use screening to narrow the group. In addition, adverse selection may be at
work.
    “People with problems in their background will go to the jobs and
industries where they think employers will be less stringent—for example,
retail employers, staffing companies and small employers,” Pickell says.
    Legal challenges to screening practices may increase as more employers
extend screening to their existing employees. The HireRight survey found that 16
percent of employers now screen their existing employees on an ongoing basis, up
from 12 percent in 2008.
    “The number of employers screening existing employees is absolutely
increasing,” Pickell says. “Previously, it occurred only in specific
industries, but now it is definitely becoming more broad-based across all
industries.”
    Pickell reports a wide variety of practices for screening existing
employees, but generally sees employers using a set period of two to three years
after the start date, or every three years across the employee base. Ongoing
screening for existing employees commonly includes criminality checks and drug
testing, but omits education and past employment verifications that were
completed at the time of hiring.
    Among all employers surveyed by HireRight, 71 percent report that their
organization conducts screening to “reduce risk to the organization”; 68
percent say the purpose is to “ensure a safer workplace.” Pickell believes
that the risk reduction motivation stems less from the fear of negligent hiring
lawsuits and more from direct business concerns.
    “The industry talks about negligent hiring because of large-dollar
lawsuits, but a far bigger factor for employers is loss prevention, preventing
fraud and productivity issues,” he notes.
    Scrutiny of screening practices may also grow as new technologies make
screening more pervasive and intrusive. A new free iPhone application allows
users to conduct background screening on any person if the user inputs basic
personal information. New technologies imported from anti-terrorism and police
interrogation programs are now available to private-sector employers.
    Suspect Detection Systems Ltd., an Israeli security company, is now
marketing its Cogito “hostile intent” detection technology to employers.
    “Any company that is already using polygraph tests can use this
technology,” says CEO Shabtai Shoval. He believes that critical infrastructure
and finance companies may adopt the biometric screening technology.
    “It’s a new concept and instrument, so the legalities are still
unclear,” he says.
    What is clear is a growing legislative and regulatory backlash against
screening practices that are not tied to demonstrable risk and business
necessity. Recruiters who indiscriminately use criminal and credit screenings to
cut applicants fuel the increasingly widespread calls for greater regulation and
leave their employers open to costly legal challenges.
Workforce Management Online, October 2009 -- Register Now!
 




[Non-text portions of this message have been removed]

Hello...
I started today a Facebook FAN PAGE for WaitersWorld.
I invite you to become a fan and pass on the invitation to your contacts.
Happy New Year 2010!
Paul C. Paz
www.WaitersWorld.com
�
�
WaitersWorld - Paul Paz Facebook FAN PAGE
http://www.facebook.com/pages/WaitersWorld-Paul-C-Paz/255848664097?v=app_2373072\
738&ref=search#/pages/WaitersWorld-Paul-C-Paz/255848664097?v=wall&ref=search




[Non-text portions of this message have been removed]

House of Angostura Bitters Plant Shutdown Lead to NYC Cocktail Doomsday
January 5, 2010, by Scott Solish
http://ny.eater.com/archives/2010/01/williamtigertt_6.php
There is potentially troubling news from Trinidad and Tobago that will have an
immediate impact on New York City. In November, production at the House of
Angostura, maker of the world famous angostura bitters found in so many
delicious cocktails, fell way behind schedule. It seems that CL Financial, the
House of Angostura's parent company, was hit by a liquidity crisis, impacting
production of the top secret recipe. Although production resumed, the lag in the
supply chain has just hit the NYC market. Freemans proprietor William Tigertt
just updated his Twitter account, saying, "Panic! Angostura bitter plant
shutdown. NYC distributors rationing 3 bottles per account. Hording begins as
cocktail doomsday clock hits 11."
�
What's the BFD?
This lack of supply could result in unprepared cocktail bars being unable to
restock the vital ingredient for some time, turning New York's cocktail culture
on its head. Fancy drink lovers may have to go for the brown stuff straight up,
or, if things get really crazy, even go back to vodka. Sacr� bleu!
�




[Non-text portions of this message have been removed]

National Immigrant Solidarity Network
webpage: _http://www.ImmigrantSolidarity.org_
(http://www.immigrantsolidarity.org/)
e-mail:  _info@..._
(mailto:info@...)

Please join the immigrant Solidarity Network daily news  litserv, send
e-mail to: _isn-subscribe@..._
(mailto:isn-subscribe@...)  or  visit:
_https://lists.riseup.net/www/info/isn_
(https://lists.riseup.net/www/info/isn)





Please donate to Immigrant Solidarity Network! Visit:_
http://www.actionla.org/Donation.htm_ (http://www.actionla.org/Donation.htm)

Upload your activism video at  our Activist Video Service!_
http://www.ActivistVideo.org_ (http://www.activistvideo.org/)



Obama beefs up  border security in 2011 budget

By Meredith Simons
Politics Blog. San  Francisco Chronicle
February 1, 2010

The Department of Homeland Security unveiled a  $56.3 billion budget Monday
that includes funding for the virtual border fence,  E-Verify, and an
increase in the number of border patrol officers and  intelligence analysts
along
the southern border.

In a year in which President Obama has spoken about  the need to "save what
we can" to combat record deficits, some federal agencies  are seeing
programs trimmed or eliminated entirely, but DHS escaped the  budgeting process
unscathed. Obama's budget, which must be approved by Congress  before it takes
effect, asks for $6 billion more for DHS than the department  received in
FY 2010.

"Our proposed budget is designed to ensure we have  the resources we need
to secure America," said DHS Secretary Janet Napolitano.  "We are committed
to strong fiscal discipline, eliminating redundancy and  investing our
resources in what works while enhancing security across the  board."

Obama's budget allots more money to DHS than it  received last year,
including billions that will be spent along the southwest  border.

DHS officials say they are committed to fighting  drug trafficking and
cartel violence along the border. To that end, they've  allotted $4.6 billion to
funding 20,000 Border Patrol agents and completing the  first section of a
virtual border fence, which is being erected in Arizona. The  increased
personnel funding will allow the department to hire more officers and  increase
the salaries of those already on staff. It will also boost the number  of
border intelligence analysts and Border Enforcement Security Task Forces,
which combine personnel from several federal law enforcement agencies to combat
  organized crime along the border.

On the immigration front, DHS has signaled a desire  to "strengthen
enforcement activities," particularly targeting "criminal aliens  who pose a
threat
to public safety." The department has made it a goal to  increase the
number of criminal aliens expelled from the country by four percent  over the
next year and dedicated $1.6 billion to that effort. Some of that money  will
be directed toward the implementation of the Secure Communities initiative,
which uses biometric data and a nationwide database to identify illegal
aliens  as soon as they enter the criminal justice system.

The budget also includes $110 million for the  expansion of the E-Verify
program, which allows employers to confirm their  employees' eligibility for
work in the U.S. online.


_http://www.sfgate.com/cgi-bin/blogs/nov05election/detail?blogid=14&entry_id
=56449_
(http://www.sfgate.com/cgi-bin/blogs/nov05election/detail?blogid=14&entry_id=564\
49)





=================================================================
National Immigrant Solidarity Network
No Immigrant  Bashing! Support Immigrant Rights!
webpage: _http://www.ImmigrantSolidarity.org_
(http://www.immigrantsolidarity.org/)
e-mail:  _info@..._
(mailto:infor@...)

New York: (212)330-8172
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Please consider making a donation to the  important work of National
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Send check pay  to:
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**Please join our following listservs:

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send e-mail to: _Border01-subscribe@yahoogroups.com_
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Virginia state-wide immigrant organizing e-mail list, send-  e-mail to:
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Chicago/Midwest/Great  Lake Region Immigrant List, please send e-mail to:
_chicago-immigrantrights@..._
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Immigrant Detention & Deportation Alert!
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(https://lists.riseup.net/www/info/isn-immigrantdetention)
send  e-mail to: _isn-immigrantdetention-subscribe@..._
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[Non-text portions of this message have been removed]

2/5: Useful information for wage  collection


Please see attachment.


National Immigrant Solidarity Network
No Immigrant Bashing!  Support Immigrant Rights!
webpage: _http://www.ImmigrantSolidarity.org_
(http://www.immigrantsolidarity.org/)
e-mail:  _info@..._
(mailto:infor@...)

New York: (212)330-8172
Los Angeles:  (213)403-0131
Washington D.C.: (202)595-8990
Chicago:  (773)942-2268

Please consider making a donation to the  important work of National
Immigrant Solidarity Network

Send check pay  to:
National Immigrant Solidarity  Network/AFGJ

National Immigrant Solidarity Network
P.O. Box  751
South Pasadena, CA 91031-0751
(All donations are tax  deductible)

*to join the immigrant Solidarity Network  daily news litserv, send e-mail
to: isn-subscribe@...

or visit: _https://lists.riseup.net/www/info/isn_
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[Non-text portions of this message have been removed]

National Immigrant Solidarity Network
webpage: _http://www.ImmigrantSolidarity.org_
(http://www.immigrantsolidarity.org/)
e-mail:  _info@..._
(mailto:info@...)

Please join  the immigrant Solidarity Network daily news litserv, send
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Gets Scarce For  Immigrants

_http://online.wsj.com/article/SB20001424052748703894304575047321179743554.h
tml_
(http://online.wsj.com/article/SB20001424052748703894304575047321179743554.html)



By _SARA MURRAY_
(http://online.wsj.com/search/search_center.html?KEYWORDS=SARA+MURRAY&ARTICLESEA\
RCHQUERY_PARSER=bylineAND)  And _MIRIAM JORDAN_
(http://online.wsj.com/search/search_center.html?KEYWORDS=MIRIAM+JORDAN&ARTICLES\
EAR
CHQUERY_PARSER=bylineAND)  Wall  Street Journal
February 6, 2010

The unemployment rate among U.S. immigrants outpaced that of native-born
workers last month, with the gap particularly pronounced among women.
Some 11.8% of foreign-born workers were unemployed in January, compared
with 10.3% of native workers, the Labor Department said Friday.
In addition to a deep recession that has wiped out more than  eight-million
jobs, the prevalence of immigrants working in the hard-hit  construction
sector helped fuel the higher numbers, according to  analysts.
Historically, the department hasn't published separate unemployment rates
for foreign-born workers on a monthly basis. Previously the rate of
joblessness  for immigrants was reported only as an annual average. Both legal
and
illegal  immigrants are included in the Labor Department's numbers, though
the depth of  unemployment for the undocumented workers might be
under-represented.
"There has been a fairly sharp increase in the unemployment rate among
foreign-born Hispanics, who we know constitute more than half of the
foreign-born work force in the U.S. and are disproportionately represented in 
the
construction industry," said Rakesh Kochhar, associate director for research
at the independent Pew Hispanic Center in Washington.
Dwindling construction jobs—which fell by 75,000 in January alone—has
made finding work more difficult for the immigrant community. Since the
recession began in December 2007, construction employment has lost 1.9 million
jobs.
However, while the jobless rate for foreign-born men is little different
than that for their native-born counterparts, there is a substantial divide
among women: Last month, the unemployment rate for immigrant women was
10.6%,  while for native-born women it was 8.2%.
Jobs that tend to be popular among immigrant women, such as working on
cleaning crews and in hospitality, are sparse. Employment in leisure and
hospitality fell by 14,000 last month.
At the Hollywood Day Laborer Center in California one recent day, about  75
men sat at picnic tables next to a trailer, the hiring hall's office. Some
of  the idle construction workers played checkers with bottle caps. "We're
so  bored," one muttered.
Juan Ralda, 23 years old, said he is a masonry expert who worked for a
contractor in Santa Monica until financing dried up for his residential
projects.
"I haven't had steady work for a year," said the Guatemalan immigrant. He
used to send home $300 a month to help support his mother and three
siblings.  "Now, I barely earn enough money to eat and pay the rent," he said.
In
the U.S.  for four years, Mr. Ralda said he doesn't think of returning home
because  "there's not much opportunity in my country, either."
As an undocumented immigrant, he risks being caught and deported if he
tries to sneak into the U.S. again. Asked whether he had tried to find jobs at
car washes or restaurants, Mr. Ralda said he had: "Those are all  full."
Indeed, finding any job has been difficult, said Ana Maria Archila,
co-executive director of Make the Road New York, an advocacy group for low-wage
and immigrant workers based in New York City. "They are competing with people
  who may have higher skills and more of them," she said.
The Labor Department's unemployment statistics point to a shift in
fortunes for immigrant labor: From 2004 until 2008, the jobless rate for
foreign-born workers either matched or was lower than that for native-born 
workers.
For 2009, the average rate for immigrants was  higher.


=================================================================
National Immigrant Solidarity Network
No Immigrant  Bashing! Support Immigrant Rights!
webpage: _http://www.ImmigrantSolidarity.org_
(http://www.immigrantsolidarity.org/)
e-mail:  _info@..._
(mailto:infor@...)

New York: (212)330-8172
Los Angeles:  (213)403-0131
Washington D.C.: (202)595-8990
Chicago:  (773)942-2268

Please consider making a donation to the important  work of National
Immigrant Solidarity Network

Send check pay  to:
National Immigrant Solidarity  Network/AFGJ

National Immigrant Solidarity Network
P.O. Box  751
South Pasadena, CA 91031-0751
(All donations are tax  deductible)

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(mailto:isn-immigrantdetention@...)


[Non-text portions of this message have been removed]

National Immigrant Solidarity Network
webpage: _http://www.ImmigrantSolidarity.org_
(http://www.immigrantsolidarity.org/)
e-mail:  _info@..._
(mailto:info@...)

Please join the immigrant Solidarity Network daily news  litserv, send
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(https://lists.riseup.net/www/info/isn)

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YWU has created the first  consumer guide to socially responsible
restaurants in San Francisco!

Come celebrate the launch of  Dining with Justice: A Guide to Guilt-Free
Eating!

WHEN: Today! Thursday, February 11, 2010
6:30- 8:30 p.m.

WHERE:  The Women’s Building, Audre Lorde  Room

3543 18th Street, San Francisco, CA

WHO:  Young Workers United Members

Representatives from Arizmendi, Arlequin,  Corner, La Boulange de Hayes,
Marino, Mission Pie, Poesia and Zazie

Restaurant workers who participated in the  survey
Unlike traditional restaurant guides, our guide  highlights food
establishments that follow labor laws and treat their employees  with dignity
and
respect. We believe that good employment practices and good  food go hand in
hand. Restaurant owners who care not only about the food they  serve but also
the people they employ should be commended!
We hope you can join us tonight to celebrate  restaurant workers as well as
recognize some SF restaurants that are doing the  right thing!
YWU ha creado el primer guia de  restaurantes responsables en San
Francisco!

Los invitamos a celebrar el  lanzamiento de
A cenar con justicia!  : una guía de negocios responsables en San Francisco



CUANDO: Hoy! Jueves, 11 de febrero, 2010

6:30- 8:30 p.m.

DONDE:  El Edificio de las Mujeres, Salon ‘Audre  Lorde’

3543 18th Street, San Francisco,  CA

QUIEN:  Miembros de Jovenes Trabajadores Unidos

Representantes de Arizmendi, Arlequin,  Corner, La Boulange de Hayes,
Marino, Mission Pie, Poesia y Zazie

Trabajadores de restaurantes que participaron en  nuestra encuesta

Distinto de guias de restaurantes tradicionales,  nuestro guia destaca
establecimientos de alimentacion que siguen las leyes  laborales y tratan a sus
empleados con dignidad y respeto. Creemos que las  practicas de empleo
buenos, y la comida de calidad son compatibles. Los duenos  de restaurantes que
se preocupen no solor por la comida que sirven, sino tambien  las personas
que emplean deben de ser elogiados! Esperamos que pueden unirse  a nosotros
manana para celebrar a los trabajadores de restaurantes, y reconocer  algunos
restaurantes de SF que proveen buenos empleos!

--
Young Workers United
415.621.4155
_www.youngworkersunited.org_ (http://www.youngworkersunited.org/)
_youngworkersunited@..._ (mailto:youngworkersunited@...)

=================================================================
National Immigrant Solidarity Network
No Immigrant  Bashing! Support Immigrant Rights!
webpage: _http://www.ImmigrantSolidarity.org_
(http://www.immigrantsolidarity.org/)
e-mail:  _info@..._
(mailto:infor@...)

New York: (212)330-8172
Los Angeles:  (213)403-0131
Washington D.C.: (202)595-8990
Chicago:  (773)942-2268

Please consider making a donation to the  important work of National
Immigrant Solidarity Network

Send check pay  to:
National Immigrant Solidarity  Network/AFGJ

National Immigrant Solidarity Network
P.O. Box  751
South Pasadena, CA 91031-0751
(All donations are tax  deductible)

*to join the immigrant Solidarity Network  daily news litserv, send e-mail
to: isn-subscribe@...

or visit: _https://lists.riseup.net/www/info/isn_
(http://lists.riseup.net/www/info/isn)

*a  monthly ISN monthly Action Alert! Listserv, go to webpage
_https://lists.riseup.net/www/info/isn-digest_
(http://lists.riseup.net/www/info/isn-digest)

**Please join our following listservs:

Asian  American Labor Activism Alert!
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(mailto:api-la-subscribe@...)
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(http://lists.riseup.net/www/info/api-la)

New York, New Jersey, Connecticut and Pennsylvania areas immigrant  workers
information and alerts
send e-mail to: _nyc-immigrantalert-subscribe@..._
(mailto:nyc-immigrantalert-subscribe@...)
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(http://lists.riseup.net/www/info/nyc-immigrantalert)

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send e-mail to: _Border01-subscribe@yahoogroups.com_
(mailto:Border01-subscribe@yahoogroups.com)
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(http://groups.yahoo.com/group/Border01/)

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_va-immigrantrights-subscribe@..._
(mailto:va-immigrantrights-subscribe@...)   or visit:
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[Non-text portions of this message have been removed]

Did anyone catch the CBS television show, "UNDERCOVER BOSS" , on Sunday 2/14/10?
It featured the CEO of Hooters! There’s a discussion going on about it on my
WaitersWorld Facebook PAGE below!
http://www.facebook.com/pages/WaitersWorld-Paul-C-Paz/255848664097?ref=ts




[Non-text portions of this message have been removed]

RACE GAP SEEN IN RESTAURANT HIRING
(Chicago Tribune 2/24/2010)
�
"In a first-of-its-kind survey released this month, a Chicago labor advocacy
group detailed the segregation of restaurants and the unequal pay and working
conditions that exist between the front and back of the house. It found that
nearly 80 percent of whites work in the front, nearly two-thirds of Hispanics in
the back."
�
FOR COMPLETE ARTICLE GO TO LINK BELOW
http://www.chicagobreakingnews.com/2010/02/race-gap-seen-in-restaurant-hiring.ht\
ml




[Non-text portions of this message have been removed]

The US Court of Appeals, Ninth Circut, has ruled that tip pooling in
restaurants is legal in Oregon.
 
In the case heard, the restaurant Delta Café, was taking all the staff tips
and placing them in a "pool". Delta Café owners determined the distribution,
calculation, and percentages (see items in red below). 33-45% of the tip pool
was redistributed to the servers rationed on the basis of number of hours each
server worked.
 
The court ruling made no determinations of any limits or formulas a restaurant
operation would be subject to. That means the formulas and amounts for tip pool
calculations are completely up to the business owners and the employees have no
say in the matter.
 
It will be interesting to see how this plays out over the next few years. In the
past it has been calculated that the average earning for Oregon tipped
restaurant employee averages $17 per hour (minimum wage and tips). This court
decision could reduce that average of $17 per hour by 55-65%... or more.
 
There could soon be a dramatic drop in the net earnings for Oregon tipped
restaurant employees in the coming years.
 
Paul www.Waitersworld.com
 
 
 
 
CUMBIE v. WOODY WOO, INC.
http://www.leagle.com/unsecure/page.htm?shortname=infco20100223188
 

CUMBIE v. WOODY WOO, INC.
MISTY CUMBIE, on behalf of herself and all others similarly situated,
Plaintiff-Appellant,
v.
WOODY WOO, INC., an Oregon corporation, DBA Vita Café; WOODY WOO II, INC., an
Oregon corporation, DBA Delta Café; AARON WOO, an individual,
Defendants-Appellees.
No. 08-35718.
United States Court of Appeals, Ninth Circuit.
Argued and Submitted October 6, 2009 — Portland, Oregon.
Filed February 23, 2010.
Jon M. Egan, Lake Oswego, Oregon, argued the cause for the appellant and filed
briefs.
Eric A. Lindenauer, Garvey Schubert Barer, Portland, Oregon, argued the cause
for the appellees and filed a brief.
Maria Van Buren, United States Department of Labor, Washington, D.C., argued on
behalf of the Secretary of Labor as amicus curiae in support of the appellant.
With her on the brief were Carol A. De Deo, Steven J. Mandel, and Paul L.
Frieden.
Richard J. (Rex) Burch, Bruckner Burch PLLC, Houston, Texas, filed a brief on
behalf of the National Employment Lawyers Association as amicus curiae in
support of the appellant. With him on the brief was Stefano Moscato, National
Employment Lawyers Association, San Francisco, California.
Eugene Scalia, Gibson, Dunn & Crutcher LLP, Washington, D.C., filed a brief on
behalf of the Nevada Restaurant Association as amicus curiae in support of the
appellees. With him on the brief were Jesse A. Cripps, Jr. and Ann S. Robinson,
Gibson, Dunn & Crutcher LLP, Los Angeles, California; and Samuel P. McMullen and
Erin McMullen, Snell & Wilmer LLP, Las Vegas, Nevada.
Kevin H. Kono, Davis Wright Tremaine LLP, Portland, Oregon, filed a brief on
behalf of the Oregon Restaurant Association as amicus curiae in support of the
appellees.
Before: Diarmuid F. O'Scannlain and N. Randy Smith, Circuit Judges, and Charles
R. Wolle,[ 1 ] Senior District Judge.
Opinion by Judge O'Scannlain.
OPINION
O'SCANNLAIN, Circuit Judge.
We must decide whether a restaurant violates the Fair Labor Standards Act, when,
despite paying a cash wage greater than the minimum wage, it requires its wait
staff to participate in a "tip pool" that redistributes some of their tips to
the kitchen staff.
I
Misty Cumbie worked as a waitress at the Vita Café in Portland, Oregon, which
is owned and operated by Woody Woo, Inc., Woody Woo II, Inc., and Aaron Woo
(collectively, "Woo"). Woo paid its servers[ 2 ] a cash wage at or exceeding
Oregon's minimum wage, which at the time was $2.10 more than the federal minimum
wage.[ 3 ] In addition to this cash wage, the servers received a portion of
their daily tips.
Woo required its servers to contribute their tips to a "tip pool" that was
redistributed to all restaurant employees.[ 4 ] The largest portion of the tip
pool (between 55% and 70%) went to kitchen staff (e.g., dishwashers and cooks),
who are not customarily tipped in the restaurant industry. The remainder
(between 30% and 45%) was returned to the servers in proportion to their hours
worked.
Cumbie filed a putative collective and class action against Woo, alleging that
its tip-pooling arrangement violated the minimum-wage provisions of the Fair
Labor Standards Act of 1938 ("FLSA"), 29 U.S.C. § 201 et seq.[ 5 ] The district
court dismissed Cumbie's complaint for failure to state a claim under Federal
Rule of Civil Procedure 12(b)(6), and Cumbie timely appealed.
II
On appeal, Cumbie argues that because Woo's tip pool included employees who are
not "customarily and regularly tipped employees," 29 U.S.C. § 203(m), it was
"invalid" under the FLSA, and Woo was therefore required to pay her the minimum
wage plus all of her tips. Woo argues that Cumbie's reading of the FLSA is
correct only vis-à-vis employers who take a "tip credit" toward their
minimum-wage obligation. See id. Because Woo did not claim a "tip credit,"[ 6 ]
it contends that the tip-pooling arrangement was permissible so long as it paid
her the minimum wage, which it did.
Although we ordinarily begin our analysis with the text of the relevant statute,
we pause to elucidate a background principle that guides our inquiry: "In
businesses where tipping is customary, the tips, in the absence of an explicit
contrary understanding, belong to the recipient. Where, however, [such] an
arrangement is made . . ., in the absence of statutory interference, no reason
is perceived for its invalidity." Williams v. Jacksonville Terminal Co., 315
U.S. 386, 397 (1942) (internal citations omitted) (emphasis added).[ 7 ]
[1] Williams establishes the default rule that an arrangement to turn over or to
redistribute tips is presumptively valid. Our task, therefore, is to determine
whether the FLSA imposes any "statutory interference" that would invalidate
Woo's tip-pooling arrangement. The question presented is one of first impression
in this court.[ 8 ]
A
[2] Under the FLSA, employers must pay their employees a minimum wage. See 29
U.S.C. § 206(a). The FLSA's definition of "wage" recognizes that under certain
circumstances, employers of "tipped employees" may include part of such
employees' tips as wage payments. See id. § 203(m). The FLSA provides in
relevant part:[ 9 ]
In determining the wage an employer is required to pay a tipped employee, the
amount paid such employee by the employee's employer shall be an amount equal
to—
(1) the cash wage paid such employee which for purposes of such determination
shall be not less than the cash wage required to be paid such an employee on
August 20, 1996; and
(2) an additional amount on account of the tips received by such employee which
amount is equal to the difference between the wage specified in paragraph (1)
and the wage in effect under section 206(a)(1) of this title.
The additional amount on account of tips may not exceed the value of the tips
actually received by an employee. The preceding 2 sentences shall not apply with
respect to any tipped employee unless such employee has been informed by the
employer of the provisions of this subsection, and all tips received by such
employee have been retained by the employee, except that this subsection shall
not be construed to prohibit the pooling of tips among employees who customarily
and regularly receive tips.
Id.
1
[3] We shall unpack this dense statutory language sentence by sentence. The
first sentence states that an employer must pay a tipped employee an amount
equal to (1) a cash wage of at least $2.13,[ 10 ] plus (2) an additional amount
in tips equal to the federal minimum wage minus such cash wage.[ 11 ] That is,
an employer must pay a tipped employee a cash wage of at least $2.13, but if the
cash wage is less than the federal minimum wage, the employer can make up the
difference with the employee's tips (also known as a "tip credit"). The second
sentence clarifies that the difference may not be greater than the actual tips
received. Therefore, if the cash wage plus tips are not enough to meet the
minimum wage, the employer must "top up" the cash wage. Collectively, these two
sentences provide that an employer may take a partial tip credit toward its
minimum-wage obligation.
[4] The third sentence states that the preceding two sentences do not apply
(i.e., the employer may not take a tip credit) unless two conditions are met.
First, the employer must inform the employee of the tip-credit provisions in
section 203(m). Second, the employer must allow the employee to keep all of her
tips, except when the employee participates in a tip pool with other customarily
tipped employees.
2
[5] Cumbie argues that under section 203(m), an employee must be allowed to
retain all of her tips—except in the case of a "valid" tip pool involving only
customarily tipped employees—regardless of whether her employer claims a tip
credit. Essentially, she argues that section 203(m) has overruled Williams,
rendering tip-redistribution agreements presumptively invalid. However, we
cannot reconcile this interpretation with the plain text of the third sentence,
which imposes conditions on taking a tip credit and does not state freestanding
requirements pertaining to all tipped employees. A statute that provides that a
person must do X in order to achieve Y does not mandate that a person must do X,
period.
[6] If Congress wanted to articulate a general principle that tips are the
property of the employee absent a "valid" tip pool, it could have done so
without reference to the tip credit. "It is our duty to give effect, if
possible, to every clause and word of a statute." United States v. Menasche, 348
U.S. 528, 538-39 (1955) (internal quotation marks omitted). Therefore, we
decline to read the third sentence in such a way as to render its reference to
the tip credit, as well as its conditional language and structure, superfluous.[
12 ]
[7] Here, there is no question that Woo's tip pool included non-customarily
tipped employees, and that Cumbie did not retain all of her tips because of her
participation in the pool. Accordingly, Woo was not entitled to take a tip
credit, nor did it. See Richard v. Marriott Corp., 549 F.2d 303, 305 (4th Cir.
1977) ("[I]f the employer does not follow the command of the statute, he gets no
[tip] credit."). Since Woo did not take a tip credit, we perceive no basis for
concluding that Woo's tippooling arrangement violated section 203(m).[ 13 ]
B
[8] Recognizing that section 203(m) is of no assistance to her, Cumbie disavowed
reliance on it in her reply brief and at oral argument, claiming instead that
"[t]he rule against forced transfer of tips actually originates in the minimum
wage section of the FLSA, 29 U.S.C. § 206." Section 206 provides that "[e]very
employer shall pay to each of his employees . . . wages" at the prescribed
minimum hourly rate. Id. § 206(a).
[9] While section 206 does not mention tips, let alone tip pools, Cumbie
maintains that a Department of Labor ("DOL") regulation elucidates the meaning
of the term "pay" in such a way as to prohibit Woo's tip-pooling arrangement.
She refers to the regulation which requires that the minimum wage be "paid
finally and unconditionally or `free and clear,' " and forbids any "`kick[
]-back' . . . to the employer or to another person for the employer's benefit
the whole or part of the wage delivered to the employee." 29 C.F.R. § 531.35.
The "free and clear" regulation provides as an example of a prohibited kick-back
a requirement that an employee purchase tools for the job, where such purchase
"cuts into the minimum or overtime wages required to be paid him under the Act."
Id.
According to Cumbie, her forced participation in the "invalid" tip pool
constituted an indirect kick-back to the kitchen staff for Woo's benefit, in
violation of the free-and-clear regulation. As she sees it, the money she turned
over to the tip pool brought her cash wage below the federal minimum in the same
way as the tools in the regulation's example. The Secretary of Labor agrees,
asserting that "if the tipped employees did not receive the full federal minimum
wage plus all tips received, they cannot be deemed under federal law to have
received the minimum wage `free and clear,' and the money diverted into the
invalid tip pool is an improper deduction from wages that violates section [20]6
of the Act."
[10] Cumbie acknowledges that the applicability of the "free and clear"
regulation hinges on "whether or not the tips belong to the servers to whom they
are given." This question brings us back to section 203(m), which we have
already determined does not alter the default rule in Williams that tips belong
to the servers to whom they are given only "in the absence of an explicit
contrary understanding" that is not otherwise prohibited. 315 U.S. at 397.
Hence, whether a server owns her tips depends on whether there existed an
agreement to redistribute her tips that was not barred by the FLSA.
[11] Here, such an agreement existed by virtue of the tippooling arrangement.
The FLSA does not restrict tip pooling when no tip credit is taken. Therefore,
only the tips redistributed to Cumbie from the pool ever belonged to her, and
her contributions to the pool did not, and could not, reduce her wages below the
statutory minimum. We reject Cumbie and the Secretary's interpretation of the
regulation as plainly erroneous and unworthy of any deference,[ 14 ] see Auer v.
Robbins, 519 U.S. 452, 461 (1997), and conclude that Woo did not violate section
206 by way of the "free and clear" regulation.
III
Finally, Cumbie argues against the result we reach because "[a]s a practical
matter, it nullifies legislation passed by Congress." Her argument, as we
understand it, is that Woo is functionally taking a tip credit by using a
tip-pooling arrangement to subsidize the wages of its non-tipped employees. The
money saved in wage payments is more money in Woo's pocket, which is financially
equivalent to confiscating Cumbie's tips via a section 203(m) tip credit (with
the added benefit that this "de facto" tip credit allows Woo to bypass section
203(m)'s conditions).
[12] Even if Cumbie were correct, "we do not find [this] possibility . . . so
absurd or glaringly unjust as to warrant a departure from the plain language of
the statute." Ingalls Shipbuilding, Inc. v. Dir., Office of Workers' Comp.
Programs, 519 U.S. 248, 261 (1997). The purpose of the FLSA is to protect
workers from "substandard wages and oppressive working hours." Barrentine v.
Ark.-Best Freight Sys., Inc., 450 U.S. 728, 739 (1981) (citing 29 U.S.C. §
202(a)). Our conclusion that the FLSA does not prohibit Woo's tip-pooling
arrangement does not thwart this purpose. Cumbie received a wage that was far
greater than the federally prescribed minimum, plus a substantial portion of her
tips. Naturally, she would prefer to receive all of her tips, but the FLSA does
not create such an entitlement where no tip credit is taken. Absent an ambiguity
or an irreconcilable conflict with another statutory provision, "we will not
alter the text in order to satisfy
  the policy preferences" of Cumbie and amici. Barnhart v. Sigmon Coal Co., Inc.,
534 U.S. 438, 462 (2002).
IV
[13] The Supreme Court has made it clear that an employment practice does not
violate the FLSA unless the FLSA prohibits it. Christensen v. Harris County, 529
U.S. 576, 588 (2000). Having concluded that nothing in the text of the FLSA
purports to restrict employee tip-pooling arrangements when no tip credit is
taken, we perceive no statutory impediment to Woo's practice. Accordingly, the
judgment of the district court is
AFFIRMED.
* The Honorable Charles R. Wolle, Senior United States District Judge for the
Southern District of Iowa, sitting by designation.
1. We use the term "server" to include the waiters and waitresses serving
tables.
2. At the time Cumbie filed her complaint, the minimum wage in Oregon was $7.95,
see Or. Rev. Stat. § 653.025(e); Minimum Wage: Questions and Answers, available
at http://www.oregon.gov/BOLI/TA/ T_FAQ_Min-wage2008.shtml (last accessed Jan.
3, 2010), and the federal minimum wage was $5.85 per hour, see 29 U.S.C. §
206(a)(1)(A).
3. Neither Woo nor any managers participated in the tip pool.
4. Cumbie also asserted several wage-and-hour violations under Oregon law but
has abandoned them on appeal. See Collins v. City of San Diego, 841 F.2d 337,
339 (9th Cir. 1988).
5. Oregon law forbids tip credits. See Or. Rev. Stat. § 653.0355(3).
6. Accord 29 C.F.R. § 531.52 ("In the absence of an agreement to the contrary
between the recipient and a third party, a tip becomes the property of the
person in recognition of whose service it is presented by the customer.").
Although the parties and amici debate whether this and other Department of Labor
regulations governing tips are still valid, we note that the Secretary of Labor
has not bothered to amend them in over forty years. At any rate, because we
conclude that the meaning of the FLSA's tip credit provision is clear, we need
not decide whether these regulations are still valid and what level of deference
they merit. See Metro Leasing and Development Corp. v. Comm'r of Internal
Revenue Svc., 376 F.3d 1015, 1024 n.10 (9th Cir. 2004).
7. Cumbie suggests that various courts of appeals have already resolved this
issue in her favor, but the cases she cites are inapposite, as they involve
employers who satisfied their entire minimum-wage obligation out of tips. See,
e.g., Doty v. Elias, 733 F.2d 720 (10th Cir. 1984); Barcellona v. Tiffany
English Pub, Inc., 597 F.2d 464 (5th Cir. 1979); Richard v. Marriott Corp., 549
F.2d 303 (4th Cir. 1977). In other words, the employers in those cases took a
tip credit, which is not the scenario we confront here.
8. The first part of section 203(m) allows employers to include in wages the
reasonable cost of board, lodging or "other facilities" furnished to employees
under certain circumstances. 29 U.S.C. § 203(m). This part of the statute is
not implicated here.
9. See 29 U.S.C. §§ 203(m), 206(a)(1) (1996).
10. See 29 U.S.C. § 206(a)(1).
11. Cumbie and amici rely extensively on legislative history of the 1974
amendments to the FLSA, see Pub. L. No. 93-259, § 13, 88 Stat. 55 (1974), to
support their contention that section 203(m)'s tip-credit conditions were
intended to be freestanding requirements. Of course, "we do not resort to
legislative history to cloud a statutory text that is clear." Ratzlaf v. United
States, 510 U.S. 135, 147-48 (1994).
12. Cumbie also argued that even if Woo's tip pool were legal, it violated the
FLSA by requiring her to contribute a greater percentage of her tips than is
"customary and reasonable." However, we have no reason to disagree with the
Secretary that the "customary and reasonable" requirement, which appears only in
opinion letters, a handbook, and a fact sheet, contravenes "court decisions and
the unequivocal statutory language." Updating Regulations Issued Under the Fair
Labor Standards Act, 73 Fed. Reg. 43654, 43660 (July 28, 2008). Accordingly, we
decline to recognize any such requirement. See Kilgore v. Outback Steakhouse,
160 F.3d 294, 302-03 (6th Cir. 1998).
13. Their interpretation is also inconsistent with the regulation itself, which
prohibits kickbacks that reduce the wages paid below the federal minimum. Even
assuming Cumbie's tips belonged to her ab initio, they were not wages under the
FLSA because Woo did not take a tip credit. See 29 U.S.C. § 203(m); see also
Platek v. Duquesne Club, 961 F. Supp. 835, 838 (W.D. Pa. 1995), aff'd without
opinion by Platek v. Duquesne Club, 107 F.3d 863 (3d Cir. 1997).
 
This copy provided by Leagle, Inc.




[Non-text portions of this message have been removed]

Hi there Giuseppe here,
So what, you did not give a reason why this is so.
1 Is it a language problem.
2 Is it a knowledge problem. capacity, ability, people are also paid on
abilities, segregation? there has always been a front of the house and a back,
where all whites were working. since when have Hispanic people have been known
as blacks, no disrespect to Blacks,  Chicago labor Advocacy, do you know why it
is a first of its kind, because it is Stupid. Giuseppe


From: Mr Paul C. Paz
Sent: Thursday, February 25, 2010 5:52 PM
To: WaitersWorld
Subject: [WaitersWorld] RACE GAP SEEN IN RESTAURANT HIRING (Chicago Tribune
2/24/2010)



RACE GAP SEEN IN RESTAURANT HIRING
(Chicago Tribune 2/24/2010)

"In a first-of-its-kind survey released this month, a Chicago labor advocacy
group detailed the segregation of restaurants and the unequal pay and working
conditions that exist between the front and back of the house. It found that
nearly 80 percent of whites work in the front, nearly two-thirds of Hispanics in
the back."

FOR COMPLETE ARTICLE GO TO LINK BELOW
http://www.chicagobreakingnews.com/2010/02/race-gap-seen-in-restaurant-hiring.ht\
ml

[Non-text portions of this message have been removed]





[Non-text portions of this message have been removed]

What you get paid for: An open letter from the owner to the crew
 (NATIONS RESTAURANT NEWS Dec. 14, 2009)
“I believe in people and think they are more effective when given principles
rather than procedures, strategies rather than tactics, whys rather than
wants.”—Harvey Golub
 
DEAR TEAM MEMBER: In the last 10 years the customer has been really good to our
business, despite the fact that we may not have always been at our best for
them.
 
Americans dined out an average of five times weekly in the previous decade, and
we saw higher comparable same-store sales quarter after quarter. Traffic was
good, and even when we screwed up, the customer seemed to forgive us. Even if
they didn’t come back, another customer took their place. This got us all
believing after a while that maybe we were running this thing for ourselves and
not the guest.
But the swift kick in the butt that the global recession has given our industry
lately woke me up to a sad reality: I think we became complacent, unfocused, and
lost sight of what we get paid for. Shame on me for not pointing this out
earlier and often with you, but we were just too busy. Or maybe I just didn’t
make the time. (I guess it’s true that volume can hide a multitude of sins.)
Either way, we unfortunately have the time now, because our business is down so
dramatically. We can certainly blame the economy for the dip, but why are some
places still doing well and we’re not? I hope you don’t mind me taking a
moment to remind you all of What You Get Paid For.
 
Be nice to the people with the money.
Everything that you or I will ever have is currently in the hands of someone
else: the customer. Our business is run first for their enjoyment and
satisfaction, then yours. This I swear: I will never forget that when the upturn
comes. Service has always been our invisible product. It can’t be stored but
it can be given away. It can’t be discounted or prepared, but it can be
super-sized and delivered. It’s most genuine when spontaneous and at its worst
when it’s discretionary. It makes a good meal taste better and customers come
back. It costs us nothing. So heap it on.
 
Minimize costs.
Do you know what the average pretax profit on the dollar is in our business?
Less than a nickel. That’s right. For every dollar our customer gives us I
spend 95 cents of it paying for food, beverage, utilities, napkins, rent, labor
and waste. Then I pay taxes out of the remaining nickel. Follow our recipes, and
please don’t over-portion, overheat or break, twist, bend or snap things that
aren’t meant to bend, snap, twist or break.
 
Maximize sales.
I do not pay you. The customer does. When a customer buys a sandwich or entrée,
that purchase barely covers the cost of our sourcing, buying, storing, prepping,
plating and serving it. When you suggest and sell a beverage, combo, larger
size, appetizer or dessert, we stand a chance of making that nickel on the
dollar. Chances are that if you don’t, we won’t. To sell is to serve.
 
Tell the truth.
“Lying makes a problem part of the future,” said basketball coach John
Wooden. “Truth makes a problem part of the past.” ‘Nuff said.
 
Be on time.
Excuses are like…well, let’s say belly buttons: Everyone has one. Next time
please just leave the house 10 minutes earlier.
 
Build repeat business.
A new customer will visit a business once by either chance or by choice. A
coupon for or proximity to our restaurant may foster a chance visit. A good or
great experience on the part of the cooks, servers and managers converts chance
to choice next time they go out. Return business is our lifeblood, and it means
that the customer has driven past 20 or 30 or 40 other places to choose ours.
Let’s give them something memorable every time.
 
Save the drama for your mama.
It’s not about you. Or me. It’s about the customer. If your attitude is
poison to the team and the guest, if you would rather be somewhere else other
than here, if you insist on endlessly railing to your fellow crew and managers
about how this is a bad place to work, and it’s not like your old job, or that
life is constantly unfair, then it’s my responsibility to help relieve your
misery by giving you a job at the competition. Things that matter most should
never suffer because of things that matter least. Just saying.
 
Continuous improvement.
If you see, sense or know a better way to improve our people or procedures,
please let us know. I promise to listen to your ideas before you have to listen
to mine. None of us is as smart as all of us, so please bring your brain to work
every shift and help us all move the business forward for our customers and
colleagues. We must all have a bias for action to make things better all ways
and always.
 
Having Fun.
At the end of the day this is still the restaurant industry, the best business
in the world, and a free circus every day. Yes, you get paid to have fun, too.
So have fun with what you do, whom you serve and with whom you work. If you see
somebody without a smile, give them one of yours.




[Non-text portions of this message have been removed]

Hi. the problem is, we all want, but don't want to give, treat people,
customers, diners etc, as you would like to be treated. The solution is easy.
Giuseppe


From: Mr Paul C. Paz
Sent: Tuesday, March 02, 2010 12:48 PM
To: WaitersWorld
Subject: [WaitersWorld] What you get paid for: An open letter from the owner to
the crew



What you get paid for: An open letter from the owner to the crew
  (NATIONS RESTAURANT NEWS Dec. 14, 2009)
“I believe in people and think they are more effective when given principles
rather than procedures, strategies rather than tactics, whys rather than
wants.”—Harvey Golub

DEAR TEAM MEMBER: In the last 10 years the customer has been really good to our
business, despite the fact that we may not have always been at our best for
them.

Americans dined out an average of five times weekly in the previous decade, and
we saw higher comparable same-store sales quarter after quarter. Traffic was
good, and even when we screwed up, the customer seemed to forgive us. Even if
they didn’t come back, another customer took their place. This got us all
believing after a while that maybe we were running this thing for ourselves and
not the guest.
But the swift kick in the butt that the global recession has given our industry
lately woke me up to a sad reality: I think we became complacent, unfocused, and
lost sight of what we get paid for. Shame on me for not pointing this out
earlier and often with you, but we were just too busy. Or maybe I just didn’t
make the time. (I guess it’s true that volume can hide a multitude of sins.)
Either way, we unfortunately have the time now, because our business is down so
dramatically. We can certainly blame the economy for the dip, but why are some
places still doing well and we’re not? I hope you don’t mind me taking a
moment to remind you all of What You Get Paid For.

Be nice to the people with the money.
Everything that you or I will ever have is currently in the hands of someone
else: the customer. Our business is run first for their enjoyment and
satisfaction, then yours. This I swear: I will never forget that when the upturn
comes. Service has always been our invisible product. It can’t be stored but
it can be given away. It can’t be discounted or prepared, but it can be
super-sized and delivered. It’s most genuine when spontaneous and at its worst
when it’s discretionary. It makes a good meal taste better and customers come
back. It costs us nothing. So heap it on.

Minimize costs.
Do you know what the average pretax profit on the dollar is in our business?
Less than a nickel. That’s right. For every dollar our customer gives us I
spend 95 cents of it paying for food, beverage, utilities, napkins, rent, labor
and waste. Then I pay taxes out of the remaining nickel. Follow our recipes, and
please don’t over-portion, overheat or break, twist, bend or snap things that
aren’t meant to bend, snap, twist or break.

Maximize sales.
I do not pay you. The customer does. When a customer buys a sandwich or entrée,
that purchase barely covers the cost of our sourcing, buying, storing, prepping,
plating and serving it. When you suggest and sell a beverage, combo, larger
size, appetizer or dessert, we stand a chance of making that nickel on the
dollar. Chances are that if you don’t, we won’t. To sell is to serve.

Tell the truth.
“Lying makes a problem part of the future,” said basketball coach John
Wooden. “Truth makes a problem part of the past.” ‘Nuff said.

Be on time.
Excuses are like…well, let’s say belly buttons: Everyone has one. Next time
please just leave the house 10 minutes earlier.

Build repeat business.
A new customer will visit a business once by either chance or by choice. A
coupon for or proximity to our restaurant may foster a chance visit. A good or
great experience on the part of the cooks, servers and managers converts chance
to choice next time they go out. Return business is our lifeblood, and it means
that the customer has driven past 20 or 30 or 40 other places to choose ours.
Let’s give them something memorable every time.

Save the drama for your mama.
It’s not about you. Or me. It’s about the customer. If your attitude is
poison to the team and the guest, if you would rather be somewhere else other
than here, if you insist on endlessly railing to your fellow crew and managers
about how this is a bad place to work, and it’s not like your old job, or that
life is constantly unfair, then it’s my responsibility to help relieve your
misery by giving you a job at the competition. Things that matter most should
never suffer because of things that matter least. Just saying.

Continuous improvement.
If you see, sense or know a better way to improve our people or procedures,
please let us know. I promise to listen to your ideas before you have to listen
to mine. None of us is as smart as all of us, so please bring your brain to work
every shift and help us all move the business forward for our customers and
colleagues. We must all have a bias for action to make things better all ways
and always.

Having Fun.
At the end of the day this is still the restaurant industry, the best business
in the world, and a free circus every day. Yes, you get paid to have fun, too.
So have fun with what you do, whom you serve and with whom you work. If you see
somebody without a smile, give them one of yours.

[Non-text portions of this message have been removed]





[Non-text portions of this message have been removed]

National Immigrant Solidarity Network
webpage: _http://www.ImmigrantSolidarity.org_
(http://www.immigrantsolidarity.org/)
e-mail:  _info@..._
(mailto:info@...)

Please join  the immigrant Solidarity Network daily news litserv, send
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Upload your activism video at  our Activist Video Service!_
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News Releases

March 02, 2010
ICE serves 180 audit notices to businesses in 5  states
Employment records will be screened for compliance  with federal law

NEW ORLEANS - U.S. Immigration and Customs Enforcement (ICE) is  issuing
Notices of Inspection
(NOIs) to 180 businesses in Louisiana, Mississippi, Alabama,  Arkansas and
Tennessee. The notices alert
business owners that ICE will be inspecting their hiring records  to
determine whether or not they are
complying with employment eligibility verification laws and  regulations.
Inspections are one of the most powerful tools the federal  government has
to enforce employment and
immigration laws. This new initiative is part of ICE's increased  focus on
holding employers accountable for
their hiring practices and efforts to ensure a legal  workforce.
"ICE is committed to establishing a meaningful I-9 inspection  program to
promote compliance with the law.
This effort is a first step in ICE's long-term strategy to address  and
deter illegal employment," said Raymond
R. Parmer, Jr. acting special agent in charge of the ICE Office of
Investigations in New Orleans.
Employers are required to complete and retain a Form I-9 for each
individual they hire for employment in the
United States. This form requires employers to review and record  the
individual's identity document(s) and
determine whether the document(s) reasonably appear to be genuine  and
related to the individual.
Due to the ongoing, law enforcement sensitive nature of these  audits, the
names and locations of the
businesses will not be released at this time.
In 2009, ICE implemented a new, comprehensive strategy to reduce  the
demand for illegal employment and
protect employment opportunities for the nation's lawful  workforce. Under
this strategy, ICE is focusing its
resources on the auditing and investigation of employers suspected  of
cultivating illegal workplaces by
knowingly employing illegal workers. The initiative being launched  today
is a direct result of this new strategy.


-- ICE --
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=================================================================
National Immigrant Solidarity Network
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DIGNITY OVERDUE:
STAND TOGETHER FOR THE
DOMESTIC WORKERS BILL OF  RIGHTS
TOWN HALL MEETING

THURSDAY, APRIL 22, 2010
7PM-9PM
(6:30PM seating)

Please join domestic workers and supporters from around the city and state
to demand respect, recognition, and fair labor standards for this critical
workforce. Hear testimonies from domestic workers, employers, community and
  union leaders, clergy, and legislators highlighting the unique conditions
facing  domestic workers and urging New York State to pass the Domestic
Workers Bill of  Rights.

Enjoy the premiere of ?Invisible Woman-Rise,? a dance theater  performance
produced in collaboration with members of Domestic Workers United,  artist
Lisa Ramirez, and the Foundry Theater.

Location: SEIU 32BJ, 101 Avenue of the Americas (between Grand and  Watts)
Trains: 1, A, C, E to Canal Street; Buses: M20, M6 to Canal Street

Sponsored by: Working Families Party, SEIU 32BJ, La Fuente: A Tri-State
Worker and Community Fund, Jews for Racial and Economic Justice, Urban Justice
  Center, UFCW Local 1500, National Domestic Workers Alliance, Adhikaar,
list in  formation?

For more information or to co-sponsor, please email
priscilla@... or call (212) 481-5747.

Email: dwuinfo@... ::
http://www.domesticworkersunited.org

=================================================================
National  Immigrant Solidarity Network
No Immigrant Bashing! Support Immigrant  Rights!
webpage: http://www.ImmigrantSolidarity.org
e-mail:  info@...

New York: (212)330-8172
Los Angeles:  (213)403-0131
Washington D.C.: (202)595-8990
Chicago:  (773)942-2268

Please consider making a donation to the important work of  National
Immigrant Solidarity Network

Send check pay to:
National  Immigrant Solidarity Network/AFGJ

National Immigrant Solidarity  Network
P.O. Box 751
South Pasadena, CA 91031-0751
(All donations are  tax deductible)

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Asian American Labor Activism Alert!
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information and  alerts
send e-mail to: nyc-immigrantalert-subscribe@...
or  visit: https://lists.riseup.net/www/info/nyc-immigrantalert

US-Mexico  Border Information/Alert!
send e-mail to: Border01-subscribe@yahoogroups.com
or visit: http://groups.yahoo.com/group/Border01/

Virginia state-wide  immigrant organizing e-mail list, send- e-mail to:
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https://lists.riseup.net/www/info/va-immigrantrights

Chicago/Midwest/Great  Lake Region Immigrant List, please send e-mail to:
chicago-immigrantrights@...
or visit:  https://lists.riseup.net/www/info/chicago-immigrantrights

Immigrant  Detention & Deportation Alert!
visit:  https://lists.riseup.net/www/info/isn-immigrantdetention
send e-mail to:  isn-immigrantdetention-subscribe@...

Hello all. I was once a bit of this group. I live in New Orleans and had to
evacuate as did most of us. It has been years since the storm and just as long
for me to get back on line.

I did return home. It was very difficult, but that is not why I am writing.
There were an awful lot of you who offered words of encouragement. Paul you are
very much in that group.  We are coming back and I now work in a downtown 4.5
star 103 year old hotel. Did anyone see the superbowl?????

This is just a quick note. I will chat again.

Sandi

Hey Sandi...

Really to hear from you! So glad that you are well and moving forward after the
hurricane nightmare you endured.

The group is still active but Ihave shifted my primary online presence to
Facebook as it offfers more features for people to interact (photos, links,
video, etc).

Here is an invite to you and others in the Yahoo family of WaitersWorld to
become fans!

WaitersWorld � Paul C. Paz (Facebook PAGE)
The goal of WaitersWorld is to elevate the status of waiters in America to a
legitimate professional career of choice in an industry of choice, Restaurant
and Hospitality, that offers unlimited opportunity.
http://www.facebook.com/pages/WaitersWorld-Paul-C-Paz/255848664097?ref=ts


Sincerely,

Paul www.WaitersWorld.com


--- In WaitersWorld@yahoogroups.com, "nolawait" <nolawait@...> wrote:
>
> Hello all. I was once a bit of this group. I live in New Orleans and had to
evacuate as did most of us. It has been years since the storm and just as long
for me to get back on line.
>
> I did return home. It was very difficult, but that is not why I am writing.
There were an awful lot of you who offered words of encouragement. Paul you are
very much in that group.  We are coming back and I now work in a downtown 4.5
star 103 year old hotel. Did anyone see the superbowl?????
>
> This is just a quick note. I will chat again.
>
> Sandi
>

The Yahoo groups Ii have manged for several years are still active but I have
shifted my primary online presence to Facebook as it offfers more features for
people to interact (photos, links, video, etc).

Here is an invite to you and others in this Yahoo family of Professional Career
Waiters to become Facebook fans! You can preview the WaitersWorld Facebook PAGE
at the link below.

WaitersWorld – Paul C. Paz (Facebook PAGE)
The goal of WaitersWorld is to elevate the status of waiters in America to a
legitimate professional career of choice in an industry of choice, Restaurant
and Hospitality, that offers unlimited opportunity.
http://www.facebook.com/pages/WaitersWorld-Paul-C-Paz/255848664097?ref=ts




[Non-text portions of this message have been removed]

National Immigrant Solidarity Network
webpage: _http://www.ImmigrantSolidarity.org_
(http://www.immigrantsolidarity.org/)
e-mail:  _info@..._
(mailto:info@...)

Please join the immigrant Solidarity Network daily  news litserv, send
e-mail to: _isn-subscribe@..._
(mailto:isn-subscribe@...)  or  visit:
_https://lists.riseup.net/www/info/isn_
(https://lists.riseup.net/www/info/isn)

Please donate to Immigrant Solidarity Network!  Visit:_
http://www.actionla.org/Donation.htm_ (http://www.actionla.org/Donation.htm)

Upload your activism video at  our Activist Video Service!_
http://www.ActivistVideo.org_ (http://www.activistvideo.org/)





Draft 50-state wage payment law  survey



Sarah Leyrer , Columbia Legal Services , _www.columbialegal.org_
(http://www.columbialegal.org/)
1405 South Pioneer Way Suite A , Moses Lake WA 98837
(T) 509.765.0417 x  202 , (F) 509.765.9714

Please note that this document is not definitive, may have errors, and  is
to be used to further national wage justice. It was prepared in October
2008,  but the Washington section was modified April 2010 and is up to date with
our  current wage law.

I hope this will help, and please let the group  know if you plan on
expanding, updating, or otherwise improving this  document.

Thank you,


=================================================================
National Immigrant Solidarity Network
No Immigrant  Bashing! Support Immigrant Rights!
webpage: _http://www.ImmigrantSolidarity.org_
(http://www.immigrantsolidarity.org/)
e-mail:  _info@..._
(mailto:infor@...)

New York: (212)330-8172
Los Angeles:  (213)403-0131
Washington D.C.: (202)595-8990
Chicago:  (773)942-2268

Please consider making a donation to the important  work of National
Immigrant Solidarity Network

Send check pay  to:
National Immigrant Solidarity  Network/AFGJ

National Immigrant Solidarity Network
P.O. Box  751
South Pasadena, CA 91031-0751
(All donations are tax  deductible)

*to join the immigrant Solidarity Network daily news  litserv, send e-mail
to: isn-subscribe@...

or visit: _https://lists.riseup.net/www/info/isn_
(http://lists.riseup.net/www/info/isn)

*a  monthly ISN monthly Action Alert! Listserv, go to webpage
_https://lists.riseup.net/www/info/isn-digest_
(http://lists.riseup.net/www/info/isn-digest)

**Please join our following listservs:

Asian American Labor Activism Alert!
send-e-mail  to: _api-la-subscribe@..._
(mailto:api-la-subscribe@...)
or  visit: _https://lists.riseup.net/www/info/api-la_
(http://lists.riseup.net/www/info/api-la)

New York, New Jersey, Connecticut and Pennsylvania areas immigrant  workers
information and alerts
send e-mail to: _nyc-immigrantalert-subscribe@..._
(mailto:nyc-immigrantalert-subscribe@...)
or visit: _https://lists.riseup.net/www/info/nyc-immigrantalert_
(http://lists.riseup.net/www/info/nyc-immigrantalert)

US-Mexico Border Information/Alert!
send e-mail to: _Border01-subscribe@yahoogroups.com_
(mailto:Border01-subscribe@yahoogroups.com)
or visit: _http://groups.yahoo.com/group/Border01/_
(http://groups.yahoo.com/group/Border01/)

Virginia state-wide immigrant organizing e-mail list,  send- e-mail to:
_va-immigrantrights-subscribe@..._
(mailto:va-immigrantrights-subscribe@...)   or visit:
_https://lists.riseup.net/www/info/va-immigrantrights_
(https://lists.riseup.net/www/info/va-immigrantrights)

Chicago/Midwest/Great  Lake Region Immigrant List, please send e-mail to:
_chicago-immigrantrights@..._
(mailto:chicago-immigrantrights@...)
or  visit:_  https://lists.riseup.net/www/info/chicago-immigrantrights_
(https://lists.riseup.net/www/info/chicago-immigrantrights)

Immigrant Detention & Deportation  Alert!
visit: _https://lists.riseup.net/www/info/isn-immigrantdetention_
(https://lists.riseup.net/www/info/isn-immigrantdetention)
send  e-mail to: _isn-immigrantdetention-subscribe@..._
(mailto:isn-immigrantdetention@...)


[Non-text portions of this message have been removed]

National Immigrant Solidarity Network
webpage: _http://www.ImmigrantSolidarity.org_
(http://www.immigrantsolidarity.org/)
e-mail:  _info@..._
(mailto:info@...)

Please join the immigrant Solidarity Network daily news  litserv, send
e-mail to: _isn-subscribe@..._
(mailto:isn-subscribe@...)  or  visit:
_https://lists.riseup.net/www/info/isn_
(https://lists.riseup.net/www/info/isn)

Please donate to Immigrant Solidarity Network! Visit:_
http://www.actionla.org/Donation.htm_ (http://www.actionla.org/Donation.htm)

Upload your activism video at  our Activist Video Service!_
http://www.ActivistVideo.org_ (http://www.ActivistVideo.org)




4/22 NYC: domestic workers` rights town  hall

April 22nd 2010
7 pm; 101 6th avenue (@ houston st), manhattan

Dignity Overdue town hall meeting with Jews for Racial &  Economic Justice &
Domestic Workers United

stand up for  domestic workers' rights and get involved in the fight for
their inclusion in  new york state labor law (which does not cover domestic or
agricultural workers,  largely because before emancipation both were mainly
slaves).



=================================================================
National Immigrant Solidarity Network
No Immigrant  Bashing! Support Immigrant Rights!
webpage: _http://www.ImmigrantSolidarity.org_
(http://www.immigrantsolidarity.org/)
e-mail:  _info@..._
(mailto:infor@...)

New York: (212)330-8172
Los Angeles:  (213)403-0131
Washington D.C.: (202)595-8990
Chicago:  (773)942-2268

Please consider making a donation to the  important work of National
Immigrant Solidarity Network

Send check pay  to:
National Immigrant Solidarity  Network/AFGJ

National Immigrant Solidarity Network
P.O. Box  751
South Pasadena, CA 91031-0751
(All donations are tax  deductible)

*to join the immigrant Solidarity Network  daily news litserv, send e-mail
to: isn-subscribe@...

or visit: _https://lists.riseup.net/www/info/isn_
(http://lists.riseup.net/www/info/isn)

*a  monthly ISN monthly Action Alert! Listserv, go to webpage
_https://lists.riseup.net/www/info/isn-digest_
(http://lists.riseup.net/www/info/isn-digest)

**Please join our following listservs:

Asian  American Labor Activism Alert!
send-e-mail to: _api-la-subscribe@..._
(mailto:api-la-subscribe@...)
or  visit: _https://lists.riseup.net/www/info/api-la_
(http://lists.riseup.net/www/info/api-la)

New York, New Jersey, Connecticut and Pennsylvania areas immigrant  workers
information and alerts
send e-mail to: _nyc-immigrantalert-subscribe@..._
(mailto:nyc-immigrantalert-subscribe@...)
or visit: _https://lists.riseup.net/www/info/nyc-immigrantalert_
(http://lists.riseup.net/www/info/nyc-immigrantalert)

US-Mexico Border Information/Alert!
send e-mail to: _Border01-subscribe@yahoogroups.com_
(mailto:Border01-subscribe@yahoogroups.com)
or visit: _http://groups.yahoo.com/group/Border01/_
(http://groups.yahoo.com/group/Border01/)

Virginia state-wide immigrant organizing e-mail list, send-  e-mail to:
_va-immigrantrights-subscribe@..._
(mailto:va-immigrantrights-subscribe@...)   or visit:
_https://lists.riseup.net/www/info/va-immigrantrights_
(https://lists.riseup.net/www/info/va-immigrantrights)

Chicago/Midwest/Great  Lake Region Immigrant List, please send e-mail to:
_chicago-immigrantrights@..._
(mailto:chicago-immigrantrights@...)
or  visit:_  https://lists.riseup.net/www/info/chicago-immigrantrights_
(https://lists.riseup.net/www/info/chicago-immigrantrights)

Immigrant Detention & Deportation Alert!
visit: _https://lists.riseup.net/www/info/isn-immigrantdetention_
(https://lists.riseup.net/www/info/isn-immigrantdetention)
send  e-mail to: _isn-immigrantdetention-subscribe@..._
(mailto:isn-immigrantdetention@...)


[Non-text portions of this message have been removed]

Spring 2010 National Immigrant Solidarity  Network Monthly News Digest and
News Alert!

National Immigrant Solidarity  Network
No Immigrant Bashing! Support Immigrant Rights!
webpage:  http://www.ImmigrantSolidarity.org
e-mail:  info@...

============================================================================
==

Spring  2010 U.S. Immigrant Alert! Newsletter
Published by National Immigrant  Solidarity Network

Please read the Newsletter:
http://www.immigrantsolidarity.org/Newsletter/Spring2010.pdf
[Requires Adobe  Acrobat, to download, go: http://www.adobe.com]

Obama and the Immigrant  Rights: Are We Going to Prevail?

In This Issue:
1) May Day 2010
2)  David Bacon on Immigration Reform
3) DHS Racial Profiling
4) ICE’s  Quotas on Deporting Immigrants
5) Gitmo North Gitmo in NYC
6) Immigrant  Women
7) Updates, Please Support NISN! Subscribe the Newsletter!

Please print edition of the Newsletter:
http://www.immigrantsolidarity.org/Newsletter/Spring10.pdf



*****************


May  Day 2010 National Immigrant Workers Mobilization
National Mobilization For  Immigrant Workers Rights!

National Immigrant Solidarity Network
http://www.immigrantsolidarity.org/MayDay2010/
WE ARE ALL HUMANS! NO ONE IS  ILLEGAL!
Please Post Your May Day 2009 Video at our  ActivistVideo.org
Always reminder: Think Globally, Act Locally; Injustice  Never Sleeps, and
People’s Struggle Never Ends!
About May Day 2010
We are  calling A national day of multi-ethnic unity with youth, labor,
peace and  justice communities in solidarity with immigrant workers and
building new  immigrant rights & civil rights movement!

Wear White T-Shirt,  organize local actions to support immigrant worker
rights!

1) No to  anti-immigrant legislation, and the criminalization of the
immigrant  communities.
2) No to militarization of the border.
3) No to the immigrant  detention and deportation.
4) No to the guest worker program.
5) No to  employer sanction and "no match" letters.
6) Yes to a path to legalization  without condition for undocumented
immigrants NOW.
7) Yes to speedy family  reunification.
8) Yes to civil rights and humane immigration law.
9) Yes  to labor rights and living wages for all workers.
10) Yes to the education  and LGBTQ immigrant legislation.

We encourages everyone to actively  linking our issues with different
struggles: wars in Africa, the Americas, Asia,  Iraq, Afghanistan, Palestine &
Korea with sweatshops exploitation in Asia as  well as in Los Angeles, New
York; international arm sales and WTO, FTAA, NAFTA  & CAFTA with AIDS, hunger,
child labors and child solider; as well as  multinational corporations and
economic exploitation with racism and poverty at  home—in order we can win
the struggle together at this May Day 2010!
Please  send your May Day 2010 reports/annoucemnets to:
info@...


**May Day 2009 Photos & Essay  Reports from around the World
Download the PDF formated Report:
http://www.immigrantsolidarity.org/MayDay2009Report/MayDay2009Report.pdf


============================================================================
==

Useful  Immigrant Resources on Detention and Deportation

Face Sheet: Immigration  Detention--Questions and Answers (Dec, 2008) by:
http://www.thepoliticsofimmigration.org

http://www.immigrantsolidarity.org/resource.htm

============================================================================
==

Please  Subscribe to the US Immigration Alert Newsletter!

A Monthly Newsletter  from National Immigrant Solidarity Network
1 year subscription rate (12  issues) is $35.00
It will help us pay for the printing costs, as well as  funding for the
NISN projects (additional donations to the NISN is tax  deductible!)

Check pay to: NISN/AFGJ
National Immigrant Solidarity  Network
P.O. Box 751
South Pasadena, CA  91031-0751

============================================================================
==

Please  Join Our Mailing Lists!

- Daily email update:
The National Immigrant  Solidarity Network daily news litserv
to join, visit web:  http://lists.riseup.net/www/info/isn
or send e-mail to:  isn-subscribe@...


- Regional listservs:
Asian  American Labor Activism Alert! Listserv
send-e-mail to:  api-la-subscribe@...
or visit:  http://lists.riseup.net/www/info/api-la

New York, New Jersey, Connecticut  and Pennsylvania areas immigrant workers
information and alerts
send e-mail  to: nyc-immigrantalert-subscribe@...
or visit:  http://lists.riseup.net/www/info/nyc-immigrantalert

Virginia state-wide  immigrant organizing E-mail list
send- e-mail to:  va-immigrantrights-subscribe@...
or visit:   https://lists.riseup.net/www/info/va-immigrantrights

US-Mexico Border  Information: No Militarization of Borders! Support
Immigrant Rights!
send  e-mail to: Border01-subscribe@yahoogroups.com
or visit:  http://groups.yahoo.com/group/Border01/

Immigrant Deportation and  Detention Alert!
send e-mail to:  isn-deportees-subscribe@...

Chicago/Midwest/Great Lake  Region Immigrant List
send e-mail to:  chicago-immigrantrights@...
or visit:  https://lists.riseup.net/www/info/chicago-immigrantrights


============================================================================
==

Please  Donate to National Immigrant Solidarity Network!
All Donations Are Tax  Deductible!

Make check payable to NISN/AFGJ and it will be tax  deductible! Send your
check to:
National Immigrant Solidarity Network
P.O.  Box 751
South Pasadena, CA 91031-0751

Los Angeles, California  90048
____ $100.00 ____ $ 50.00 ____ $ 35.00 ____ Other Amount  $___________
($35 or more will receive 1 year free subscriptions of the  Immigration
Alert! Newsletter Print Edition)
Every Dollar Counts! Please  Support Us!
URL: http://www.ImmigrantSolidarity.org
e-mail:  Info@...

============================================================================
==
National  Immigrant Solidarity Network
No Immigrant Bashing! Support Immigrant  Rights!
webpage: http://www.ImmigrantSolidarity.org
e-mail:  info@...

New York: (212)330-8172
Los Angeles:  (213)403-0131
Washington D.C.: (202)595-8990
Chicago:  (773)942-2268

============================================================================
==

Action LA Network
Action for World Liberation Everyday!
Tel:  (213)403-0131
URL: _http://www.ActionLA.org_ (http://www.actionla.org/)
e-mail: _Info@..._ (mailto:Info@...)

To join the list, send e-mail to: _actionla-subscribe@..._
(mailto:actionla-subscribe@...)
or visit: _http://lists.riseup.net/www/info/actionla_
(http://lists.riseup.net/www/info/actionla)


          Dear Siu Hin,

There's a time to learn, a time to lead, and then  there's a time to leave.

And shortly, it will be my time to  retire... and end my SEIU journey.

I just recorded a video  sharing my thanks and appreciation that I'd love
for you to  watch.

You can  watch it at _http://action.seiu.org/andymessage_
(http://action.seiu.org/page/m/18a1ecb0/16321b6/5b72d7e8/388efdb/510896063/VEsH/\
)

(http://action.seiu.org/page/m/18a1ecb0/16321b6/5b72d7e8/388efdb/510896063/VEsE/\
)

My time at SEIU has always been about the  members.

Members like Martina Casey, one of 150,000 child care  providers who found
a voice at SEIU.

Rosa Ayala, an immigrant  janitor, and others around the country helped
found SEIU's Justice for  Janitors campaign.

Verdia Daniels, a minimum  wage home care worker, who for ten years
organized 74,000 co-workers and  gave birth to a movement now 400,000 home care
workers  strong.

Together, we've organized over 1.2 million new members into  our SEIU
family since I became president in 1996.  SEIU is now the  largest union in
North
America and fastest growing worldwide.

We  founded Americans for Health Care in 2002 and realized our goal when
historic health care legislation passed earlier this year.

We  elected Barack Obama - a great president - and grew to be the largest
grassroots political army fighting for change in America.

And the  union will continue to fight for immigration, financial and labor
law  reform long after I am gone.

Please watch the video I recorded for  you - SEIU members - at
_http://action.seiu.org/andymessage_
(http://action.seiu.org/page/m/18a1ecb0/16321b6/5b72d7e8/388efdb/510896063/VEsF/\
)
(http://action.seiu.org/page/m/18a1ecb0/16321b6/5b72d7e8/388efc4/510896063/VEsC/\
)

Thank you - my  union family - who have shown me how to lead and stand up
for  change.

I love you  all,

Andy


==============================================================
ActionLA
Action for World Liberation  Everyday!
Tel: (213)403-0131
URL: _http://www.ActionLA.org_ (http://www.actionla.org/)
e-mail: _Info@..._ (mailto:Info@...)

To join the list,  send e-mail to: _actionla-subscribe@..._
(mailto:actionla-subscribe@...)
or visit: _http://lists.riseup.net/www/info/actionla_
(http://lists.riseup.net/www/info/actionla)


*Please post your protest, community event and news at  ActionLA!*

To add your event, please go:_  http://actionla.org/user/addevents.php_
(http://actionla.org/user/addevents.php)

To publish your  announcement and community news, please visit:_
http://actionla.org/user/publish.php_ (http://actionla.org/user/publish.php)


**WE NEED YOUR  SUPPORT!

Please support our important works of ActionLA! Send your  donations to:

ActionLA
P.O. Box 751
South Pasadena, CA  91031-0751
(at the memo line write donations to ActionLA/AFSC, all  donations are tax
deductible)

For Credit Card donations, please  visit:
_http://www.actionla.org/Donation.htm_ (http://www.actionla.org/Donation.htm)



[Non-text portions of this message have been removed]