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Restaurant in NYC offshores cashier job to Philippines so they can pay below minimum wage ($3/hr in Philippines)
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this post was submitted on 12 Jul 2024
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It's a simple enough solution in this case. They are performing the work of employees, so for all intents and purposes, they are employees. They are directly interacting with US customers at a physical location within the US. Their place of work is that physical location, even if they are not physically present. They need authorization to work in the US, and the minimum wage laws applicable to that location applies to these workers.
All that is missing is the lawsuit under existing labor laws, which they will probably lose.
Good luck finding a judge taking such a position
Judiciary is just a rubber stamp for the corporate needs. Last 40 years of court rulings speak for themselves.
Courts ain't saving slaves
Sounds like something the Department of Labour could legislate... Or could have.
But the supreme court just ruled that this falls under the courts jurisdiction and there's a snowflakes chance in hell that a case pushed high and far enough will result in those ghouls will rule in favour of labour interests.
Yeah, I don't think SCOTUS would side with an IRS or Labour Department rule requiring businesses pay minimum wage. But you're forgetting the "racist" angle: the courts would love nothing more than to support a State Department determination that they are "immigrant workers" and require a work visa.
So what can the citizens do to get traction on this?