Attorney General Brian L. Schwalb delivered a blow to wage theft with a recent lawsuit resolution, demanding Swahili Village M Street, LLC, and its owner Kevin Onyona cough up over half a million dollars. In a settlement that addresses a gamut of labor law violations, the District of Columbia will see $526,973 disbursed among wronged restaurant workers and into city coffers. This settlement is the Office of the Attorney General's latest effort to clamp down on wage theft, particularly in industries with vulnerable employees like the restaurant sector.
According to the suit, filed by the OAG after comprehensive investigations, Swahili Village was underpaying its staff, oftentimes offering a meager $5 an hour including both wages and tips, which falls significantly short of the legal minimum. Serving up more than just a culinary experience, the DC fine-dining establishment allegedly failed to distribute tips properly, refused to pay earned overtime, and didn't provide the sick leave mandated by law, exploiting workers who, largely people of color and young African immigrants, are often particularly susceptible to such injustices.
"It is unacceptable, and illegal, for businesses to steal from their hardworking employees," Attorney General Schwalb said in a statement resonating with the gravity of the offense. "Employers that do so are not only exploiting their workers but are gaining an unfair advantage over their competitors who play by the rules," added Schwalb, casting the settlement as both a win for the affected workers and a righteous leveling of the playing field.
A former bartender at Swahili Village, Rowles Adams, recalled her experience. Speaking to the Attorney General's office, Adams highlighted the plight of herself and her colleagues, especially the young immigrants who often didn't realize the extent of the wrong being done. "When we get new jobs, we see them as opportunities. We ask 'how can I succeed?' and 'what are the next steps I can take to make life better for myself and my family?' We don't ask 'will I be paid for all the hours I worked this week?' or 'is this company breaking the law??'" said Adams, telling the Attorney General's office about the all too common reality of being underpaid and mistreated in the industry.
The settlement demands more than just a financial reckoning. Swahili Village and Onyona must also adjust their practices to comply with all District wage and hour laws and submit to the OAG's compliance monitoring for the next three years. Additionally, a claims administrator, whose costs are covered by the defendants as per the settlement, will be in charge of reaching out to the eligible workers and ensuring they receive the money owed to them. Details surrounding the settlement agreement can be found on the OAG's website.
Since January 2023, the OAG's Workers’ Rights and Antifraud Section has been making strides in combating wage theft, having secured over $10 million for aggrieved workers and the District. As the OAG continues its vigilant enforcement against violators of labor laws, the more than $25 million recouped serves as a reminder of the agency's steadfast commitment to justice and fairness in the workplace.
