Restaurant owner to pay more than half a million dollars in wage theft lawsuit

4 months ago 3

The lawsuit alleged the owners paid workers fare less than minimum wage, often paying servers as little as $5 an hour, including both wages and tips.

WASHINGTON — A D.C. restaurant owner has been ordered to pay more than half a million dollars to workers following a 2023 wage theft lawsuit. 

According to the Office of Attorney General for D.C., Swahili Village M Street, LLC (Swahili Village DC) and its owner, Kevin Onyona, must pay $526,973 to restaurant workers and D.C. The fine stems from a 2023 lawsuit that alleged the restaurant stole wages and tips from servers, hosts, food runners, bussers and bartenders. Additionally, the restaurant reportedly violated multiple D.C. labor laws. 

“It is unacceptable, and illegal, for businesses to steal from their hardworking employees, depriving them of the full benefits they have earned and are legally entitled to. Employers that do so are not only exploiting their workers but are gaining an unfair advantage over their competitors who play by the rules,” said Attorney General Brian Schwalb. “This is a significant win for dozens of Swahili Village workers who were mistreated and continues our office’s commitment to combatting wage theft in the District of Columbia.”

The lawsuit was settled with terms stating Swahili Village DC and Onyona must pay more than $260,000 to 72 restaurant workers, fund the process to distribute worker restitution and pay penalties to the District.

"I know firsthand that too many people work hard every day but still struggle to keep the lights on, provide food for their families, and pay for healthcare," said Rowles Adams, a former bartender at Swahili Village. "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?' Unfortunately, working at Swahili Village raised those negative questions. 

Swahili Village DC is a fine-dining restaurant on M Street in Northwest. Their online menu features entrees that range from a $14 house salad to a $142 group platter. A majority of the entrees sell for $30-$40. According to the OAG, a majority of the restaurant's workers are people of color, many being young African immigrants. 

"For months, I saw managers mistreat my coworkers, including many young immigrants who did not even realize that what was happening was wrong," Adams said. "I spoke out, but it didn't change things. I’m so grateful that the lawyers from the attorney general's office heard our plea for help and stood with us to get justice. I hope this case sheds light on the recurring issue of wage theft, especially in the restaurant industry, where tipped employees work twice as hard to survive and earn a living wage." 

A lawsuit was filed against the restaurant and its owners, Founder Kevin Onyona and Chief Operating Officer Emad Shoeb, in 2023 following an investigation by the OAG. The lawsuit alleged the owners paid workers fare less than minimum wage, often paying servers as little as $5 an hour, including both wages and tips. In 2023, DC law mandated that tipped workers be paid $8 an hour. Additionally, the lawsuit accused Swahili Village DC, Onyona, and Shoeb of failing to pay overtime wages, distributing tips or offering required paid sick leave. 

Under the terms of the settlement, Swahili Village DC and Onyona must:

  • Pay more than $260,000 to workers: More than 70 Swahili Village DC workers will be paid the wages they are owed as well as damages. A claims administrator will contact eligible workers via mail, email, and/or phone, who will be paid by Swahili Village and Onyona and chosen by D.C. officials. 
  • Pay $197,614 in penalties to DC. 
  • Change its practices and report on compliance for three years: Swahili Village must comply with all D.C. wage and hour laws moving forward and provide reports to OAG documenting ongoing compliance for three years.

If you believe your working rights have been violated, the OAG says to contact them by calling 202-724-7730 or emailing workers@dc.gov or trabajadores@dc.gov.

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