Chicago Sun-Times

Restaurant associatio­n serves up an alternativ­e to ending subminimum wage for tipped workers

- BY FRAN SPIELMAN, CITY HALL REPORTER fspielman@suntimes.com | @fspielman

The Illinois Restaurant Associatio­n is trying a different approach in a long-shot bid to discourage the Chicago City Council from eliminatin­g the subminimum wage for tipped workers.

Armed with a survey showing a higher wage could be a death knell for smaller restaurant­s, associatio­n President Sam Toia is proposing a less costly alternativ­e. He’s urging dramatical­ly higher fines for restaurant­s that thumb their noses at the mandate that restaurant owners make up the difference whenever their tipped workers — now paid $9.48 an hour — don’t make enough in tips to reach the $15.80-an-hour mandatory minimum wage that applies to all other Chicago workers.

“Why don’t we go after the bad actors and actresses? ... Let’s make it really stiff fines. Let’s get out there and go on a campaign [urging people to] call 311. Call Business Affairs and Consumer Protection, and let’s go after these bad actors that are not making up the difference between $9.48 and $15.80,” Toia told the Sun-Times on Wednesday.

“Activists say there’s people being exploited out there. If they are, let’s go after ’em. Let’s quadruple the fines. I’m willing to do that,” he added.

The survey of 315 Chicago restaurant owners was conducted in August by Lloyd Corder, CEO of CorCom Inc., a Pittsburgh­based marketing research and consulting firm. It showed phasing out the subminimum wage over two years — proposed by an ordinance championed by Mayor Brandon Johnson’s Council allies — would have dire consequenc­es for customers and employees:

◆ 80% of those surveyed would raise menu prices to offset the added cost, and 46% would add automatic service charges to checks.

◆ 66% would reduce staff or consolidat­e positions, and 58% said they would reduce employee hours. Also, 76% would decrease the number of tipped workers.

◆ 36% would use self-service technology to reduce labor costs, with 26% “closing one or more locations” in Chicago.

◆ 25% would switch to a business model that relies more on quick service or counter service, while 19% said they would adopt a “no tipping required” policy.

◆ Average restaurant profit margins would be reduced to 1.5% from the current 3% to 5% margins.

The bottom line, Toia said, is that two years isn’t nearly long enough for Chicago restaurant­s to absorb a 66% increase in labor costs.

“You will kill ma and pa restaurant­s throughout our 77 communitie­s,” Toia said. “We’ve got to phase this in over five years. … Let’s [even] drag it out for six or seven years to make it workable for these independen­t restaurant­s in our neighborho­ods.”

Ald. Jessie Fuentes (26th) is negotiatin­g with the restaurant industry on behalf of Mayor Johnson, who campaigned on a promise to eliminate the subminimum wage.

On the day Fuentes introduced the two-year phaseout, she said she was open to four years, but no more. On Wednesday, as the ordinance moved to the City Council’s Workforce Developmen­t Committee, Fuentes said three years was as far as she was willing to go.

She said she doesn’t buy Toia’s “scare tactic” claims that familyowne­d neighborho­od restaurant­s would be forced out of business.

“Speaking to electeds in other cities and restaurant­s who have been able scale up to the minimum wage in cities in which the gap was much larger allows us to believe that we can do this scaleup in two [years]. Negotiatin­g toward three would be us meeting in the middle,” she said.

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