Founded 1872

JOHN W. HENRY Publisher

BRIAN McGRORY Editor

MIKE SHEEHAN Chief Executive Officer

ELLEN CLEGG Editor, Editorial Page,interim

B o s t o n

ECEMBER 14, 2014

CHRISTINE S. CHINLUND Managing Editor/News

DECEMBER 14, 2014

S u n d a y

G l o b e

Editorial

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OFF THE MENU
Founded 1872

T
T

customers,
heap meal.
or exploited
restaurant
workers, a
tual prison.

JOHN W. HENRY Publisher

BRIAN McGRORY Editor

BRI

MIKE SHEEHAN Chief Executive Officer

ELLEN CLEGG Editor, Editorial Page,interim

CHRISTINE S. CHINLUND Managing Edito

is so sporadic, and toleran

immigrants who are mistreated are fully
UCKED INTO a nondescript
legal.
mall
off Route 44 in
UCKED strip
INTO
a nondescript
alarmed.
When the police knockedthat
on only
the the most unlucky
padlocked for good.
But there are scant resources devoted
Raynham, the Grand China
strip mall off Route 44 in Raydoor
one day, though, he hid. I thought Id
to exposing these crimes, and most cus
Buffet was an affordable op
nham, the
China Buffet
lose
my
jobthink
or get
deported.
There is no way to estimat
tomers
dont
twice,
especially
tionGrand
for the customers
and
suffer the sa
when
the
food
is
cheap
and
the
cuisine
is
employees
of
the
Big
Lots
was an affordable option for
Few casual diners would expectmany
thatworkers
a
Sanchez and Martinez. Bu
ethnic: Some familiar old tropes that
and Pep Boys stores on either side of it.
the customers
and
seemingly
unremarkable
eateryisin Raynham
erators in Minnesota, Wisc
the illtreatment
of immigrant workers
Especially
popular was
theemploy$4.99 allyou
nia,
Texas, and Kentucky h
merely
adherence
to
cultural
norms,
that
caneat
lunch
deal.
The
prices
are
great
ees of the Big Lots and Pep
could be a venue for what amount to
human
cused of human trafficking
making it in America involves absorb
much cheaper then other buffets, cus
Boys stores on
either side of it. Especially
rights
violations.
But
even fig
at its highest
two years. Most often, the
ing adversity
become
common
tomer Adam M. wrote on Yelp. And for
smallscale,
ethnic restaur
leaves forthe
abuses.
better
food on
top!
popular was the
$4.99
all-you-can-eat
lunch
levels,
restaurant industry is run
on a
Several laws to protect
And the restaurants that engage in
But, for its workers, the Grand China
deal. The prices are great much cheaper
more informal basis than most. Servers are
Sanchez and Martinez are
such practices arent isolated momand
Buffet was a virtual prison. The labor was
then
otherFelipe
buffets,
paid
mainly
in Many
tips; belong
the back
of the sachusetts
house has among the
pop horror
shows:
to net
grueling, former
employee
Merino
is so sp
immigrants who are mistreated are fully
UCKED INTO a nondescript
regulations
in the country,
works
that
funnel
immigrant
labor,
doc
Sanchez said: six
days
a
week,
more
than
customer Adam
M.mall offoften
with
that on
legal.unofficial employees.
strip
Route abounds
44 in
slowly started to prosecute
umented or not, from major entry points
12 hours per day, doing food prep, clean
padloc
But
there
are
scant
resources
devoted
Raynham,
the
Grand
China
onfixing
Yelp.the
And
These
problematic
theirsince
ownthe law passed
like Newpractices
York City toare
smaller
cities and on cases
ing the dining wrote
room, and
HVAC
to exposing these crimes, and most cus
Buffet was an affordable op
towns across
the country. create a fertile ago.
system. The kitchen
lackedfood
safety equip
for better
terms,
but
There
tomers dont think twice,environespecially
tion for the customers
andthey also
More, however, could b
Sanchez, for one, crossed the US bor
ment, the floors were slippery and
many
when
the food isto
cheap
and the
cuisine is
employees ofment
the Bigfor
Lots
on top!
conduct
equivalent
human
trafforcement nationally shou
der from Mexico in 2003 and headed to
filled with holes, the oven leaked gas.
Sanch
ethnic: Some familiar old tropes that
and Pep Boys stores on either side of it.
ficking.
active and better funded. T
New York City. Getting a job was his first
Cooking oftenBut,
meantfor
reheating
erator
the illtreatment of immigrant workers is
Especially popular was the $4.99 allyou
ment of Labor, for example
priority. He said he followed his brothers
daysoldits
food
for the buffet, in
workers,
nia, Te
merely adherence to cultural norms, that
caneat lunch deal. The prices are great
few agencies that routinely
footsteps and searched local Chinese
cluding, once, seafood that the
making
it
in
America
involves
absorb

much
cheaper
then
other
buffets,
cus
the
Grand
For all
attention
given
undoc- to recognizecused
traffi
newspapers
forthe
coded
ads aimed at
un to spectors
kitchen
staff
was asked to pick
two ye
ing adversity become common fig
tomer Adam M. wrote on Yelp. And for
but also
has only about 1,0
documentedhousekeepers
workers. When he
found
out of China
the trash.
When workers
Buffet
umented
and
gardeners,
the
small
leaves for abuses.
better food on top!
hour investigators to moni
what he was looking for, Sanchez called a
complained, they were fired.
Sev
Andis
theamong
restaurants
that
engage in
But, for its workers, the
Grand China industry
was a virtual prison. The
labor
was
food-service
the
leading
10.5 million employees at
telephone number, was given an address
At the end of each shift, em
Sanch
such practices arent isolated momand
Buffet was a virtual prison. The labor was
restaurants nationwide
in Chinatown,
and on the
appointed of immigrant
ployees were
taken to a rooming
grueling, former employee
Felipe
employers
exploiters
sachus
pop
horror shows:
Many belong to net
grueling, former employee
Felipe Merino and
the millions of other workp
date, got into a van driven by a stranger.
house in neighboring Taunton
regula
that funnel
immigrant
labor, doc
Merino Sanchez said: six daysSanchez
a
said: six days a week,
more
thanthanworks
labor.
More
one-fifth
of all
food-service
by the Fair Labor Standard
They headed 200 miles north to the
where they were locked in for
slowly
umented or not, from major entry points
12 hours per day, doing food prep, clean
week, more than 12 the
hours
per
day, to Sanchez.
workers
are
foreign-born,
according toViolations
a
are more oft
Grand China
Buffet.
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night,
according
cases s
like New York City to smaller cities and
ing the dining room, and fixing the HVAC
by state or local labor and
where he
was, Sanchez
recalled,
but it Institution.
Four tothe
five people
shared each
doing food prep, cleaning
dining
2012
the
Brookings
ago.
across the country.
system.
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safetyanalysis
equip bytowns
vestigators who arent nece
was a job with food and housing.
room. We couldnt leave as we
Mo
Sanchez,
for
one,
crossed
the
US
bor
ment,
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were
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and
room, and fixing the wanted,
HVAC system.
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cases,
the immigrantstowho
are
know
trafficking and
At in
themany
urging of
the Massachusetts
Sanchez, whom the
forcem
der from Mexico in 2003 and headed to
filled with holes, the oven leaked gas.
want to jeopardize their ow
Coalition for Occupational
Safety and
Globe located
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The kitchen lacked safety
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legal.
active
New York
City. Getting a job was his first
Cooking often meant
reheating are fully
bringing in criminal invest
Health, the state Attorney Generals Of
advocates and government cita
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priority.
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said he followed
his brothers
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in
the floors were slippery and filled with
But
there
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scant
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cal evidence isnt properly
fice began investigating the Raynham
tions, said via a translator. The
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footsteps and searched local Chinese
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exposing
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eatery in August
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with amost
sis customers
door
was
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specto
newspapers for coded ads aimed at un
kitchen staff was asked to pick
quently forced to rely on w
ter restaurant,
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dont
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documented workers.
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he found
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ny witnesses who are als
Buffet, located in Somerset.
day, though, he hid. I thought
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what
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complained,
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once,
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cuisine
ethnic:
of being deported, in debt
Investigators
found
the staffis
made
far Some
lose my
job or get
deported.
10.5 m
telephone number, was given an address
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employer, or isolated or vu
below Massachusetts
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of
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the kitchen staff was asked
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restau
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$8 with no overtime pay if they were
pect that a seemingly unre
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into
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house in neighboring
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of the trash. When workers
complained,
of
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merely
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challenge compounded by
paid at all. Sanchez claimed to be owed
markable eatery in Raynham
by the
They
headed
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where
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ty, which oversees immigra
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And in many cases, the

Editorial

OFF THE MENU

For customers,
a cheap meal.
For exploited
restaurant
workers, a
virtual prison.

For customer
a cheap mea
For exploite
restauran
workers,
virtual prison

DECEMBER 14, 2014

from Mexico in 2003 and headed to New

York City. Getting a job was his first priority.
He said he followed his brothers footsteps
and searched local Chinese newspapers for
coded ads aimed at undocumented workers.
When he found what he was looking for, Sanchez called a telephone number, was given an
address in Chinatown, and on the appointed date, got into a van driven by a stranger.
They headed 200 miles north to the Grand
China Buffet. He had no clue where he was,
Sanchez recalled, but it was a job with food
and housing.
At the urging of the Massachusetts Coalition for Occupational Safety and Health, the
state Attorney Generals Office began investigating the Raynham eatery in August 2010,
along with a sister restaurant, the New York
Chinese Buffet, located in Somerset.
Investigators found the staff made far
below Massachusetts minimum wage of $8
with no overtime pay if they were paid
at all. Sanchez claimed to be owed some
$26,000 in unpaid wages. Another employee,
Fidela Martinez, who was 16 at the time, was
not paid for more than nine months, even as
she worked thousands of hours.
The owners and managers Xue Ying
You, Zhi Hao Zhang, Casidy Lu, Ai Yi Lu, and
Ming Kuai Lu were eventually charged
with failure to pay employees minimum wage
and failure to pay them in a timely manner, among other charges. The Grand China
Buffet was also cited for breaking child labor
laws. They were ordered to pay $181,000 in
fines, at least some still unpaid. Both restaurants were shuttered.
No criminal or trafficking charges were
filed, however. Massachusetts did not pass
its antitrafficking law until 2011. And Ai Hui
Lu whom Sanchez and advocates believe is
related to the previous management was
granted a liquor license from Raynham selectmen in 2011 for a new restaurant, the Hibachi Sushi Buffet, in the space Grand China
once occupied. Sanchez moved on to work at
another Chinese buffet. (Repeated attempts
to reach all of the owners and managers for
comment went unanswered, although some
of them have previously denied the charges
in media reports.)
Labor advocates and trafficking experts
noted the reopening of the restaurant with
frustration, explaining more generally that
operators are notorious not only for avoid-

ing arrest but for also finding ways to keep

operating even after being cited for grotesque
abuses. Enforcement is so sporadic, and tolerance is so high, that only the most unlucky
violator gets padlocked for good.
There is no way to estimate fully how
many workers suffer the same fate as Sanchez and Martinez. But restaurant operators
in Minnesota, Wisconsin, California,Texas,
and Kentucky have been accused of human
trafficking over the past two years. Most
often, the offenders were small-scale, ethnic
restaurants.
Several laws to protect workers like
Sanchez and Martinez are in place. Massachusetts has among the strictest labor regulations in the country, and it has slowly started
to prosecute trafficking cases since the law
passed three years ago.
More, however, could be done: Enforcement nationally should be more proactive
and better funded. The US Department of
Labor, for example, is one of the few agencies
that routinely trains its inspectors to recognize trafficking victims, but also has only
about 1,000 wage and hour investigators to
monitor as many as 10.5 million employees
at nearly 600,000 restaurants nationwide
in addition to the millions of other workplaces covered by the Fair Labor Standards Act.
Violations are more often unearthed by
state or local labor and health code investigators who arent necessarily trained to
know trafficking and who might not want
to jeopardize their own cases by bringing
in criminal investigators. Physical evidence
isnt properly collected or doesnt exist, and
prosecutors are frequently forced to rely on
witness testimony witnesses who are also
often afraid of being deported, in debt to
their abusive employer, or isolated or vulnerable for other reasons to make their case.
(A challenge compounded by the fact that
the US Department of Homeland Security,
which oversees immigration, also investigates
trafficking crimes involving foreign national
victims on the federal level.) Agencies dont
SERVICE
communicate well enough among themselves
to identify questionable businesses. NOT INCLUDED

BRI

For customer
a cheap mea
For exploite
restauran
workers,
virtual prison

This is the latest installme

In Massachusetts, an interagencyoftask
a Globe editorial series
on workers in the food
force headed by Attorney General Martha
service industry. Previous
Coakley in 2013 recommended a well-fundarticles, available at
bostonglobe.com/opinion
ed, worker-led program aimed specifically
at
explore ignored rights,
tipping,
fast food wages,
labor trafficking to offer comprehensive
legal
and unions.

Next up: Preventing wage

theft and what customers
can do.

DECEMBER 14, 2014

and social services. That proposal should be

taken up. Even consistent, coordinated data
collection to better understand how prevalent this problem is would help.
A good start would be for the Commonwealth to follow the lead of California, which
in April enacted a law requiring restaurants
that serve alcohol to post public notices in
their kitchens explaining slavery and human
trafficking, or face stiff penalties.
Theres a role here for customers, too.
As long as Americans believe that a lunch out
can and should cost less than $5, workers in

the food-services industry will be exploited.

What went on behind the kitchen doors of
the Grand China Buffet will continue elsewhere. The economics of todays restaurant
business, between labor and food costs, are
difficult. And when diners find restaurants
that are implausibly cheap, they might ask
themselves and their servers why that
might be.
The true cost of cheap egg rolls became
grossly apparent at the Grand China Buffet.
And Massachusetts and the rest of America needs to put down the fork and stop
looking the other way.

BRI

For customer
a cheap mea
For exploite
restauran
workers,
virtual prison

SERVICE
NOT INCLUDED

This is the latest installme

of a Globe editorial series
on workers in the food
service industry. Previous
articles, available at
bostonglobe.com/opinion
explore ignored rights,
tipping, fast food wages,
and unions.

Next up: Preventing wage

theft and what customers
can do.