Roughly fifteen people protested outside The Front Room restaurant on Congress Street in Portland last Friday night, after owner Harding Lee Smith refused to meet with employees and workers’ advocates who say he violated Maine and federal labor laws.
The crowd was led by organizers from the Restaurant Opportunity Center of Maine—an advocacy group for area service workers.
Eight former and current workers of the Front Room signed a letter delivered to Smith on Nov. 19 that outlines their grievances. The employees said they have not received overtime pay or their full share of tips, and have been victims of sexual harassment and gender discrimination, which they say is a violation of the Fair Labor Standards Act, Minimum Overtime Law, the Maine Human Rights Law and the Civil Rights Act of 1964.
ROC estimates Smith owes the eight employees $160,000 in unpaid tips and wages. In the letter, ROC asked Smith to sit down with the workers before the group resorted to public or legal action. “They claimed that we had committed violations of at least five different laws, but failed to cite how we violated any of these laws or which of our employees or former employees were affected,” Smith said in a statement released Sunday evening.
The crowd, which included ROC members, two current Front Room employees, and other supporters, marched with signs up Munjoy Hill from the North Star Cafe, chanting, and handing out fliers espousing their cause.
“The workers united, will never be divided,” shouted the crowd as they stood outside the Front Room, with curious customers watching through large front windows. An ROC member led chants with a megaphone as the others held signs with statements like, “Respect for Workers” and “Enough is Enough.”
Many people walking on Congress Street stopped to see what was going on. Some voiced their support for the protesters while others ignored them. One couple, returning to the restaurant after their name had been called for a table, stopped and talked to the protesters. After hearing what the complaints were, the couple decided against eating at the Front Room and walked away.
ROC said they aren’t asking for a boycott of the restaurant.
“We would encourage everyone who are patrons of the restaurant to use the power of the consumer to ask the owner to sit down and speak with the workers about their concerns,” said Front Room employee Caitlin McNally, 25. “We like our jobs. We just want to be treated with respect,” she added.
ROC member Steven Emmons, 29, who wielded a megaphone for much of the protest, emphasized their purpose. “We’re not protesting the workers. We want Harding Smith to talk to us,” he said.
Not everyone agreed with the protesters. Marianne, 42, has worked in the restaurant business for nearly 20 years. She came out of the Front Room to tell off the protesters. “You guys are fools,” she told them. She said she wondered why the protesters were only targeting the Front Room and pointed out that if you are a better waiter, you will be paid more tips.
“I think this is ridiculous,” she said. “It’s hard for small businesses in Maine. The taxes are outrageous.”
An irate bartender, who was working at the restaurant at the time, came outside to shout at the two protesting Front Room employees. “Are you two kidding me?” he yelled. “You have our backs? Nice Job,” he said sarcastically. One protester, Doug Born, 48, said he worked in restaurants when he was a communications major at USM in the 80’s. He sympathized with small business owners, but said there is no excuse for taking advantage of employees.
“Business is tough, but it does not legitimize screwing your workers out of tips and pay,” he said.
Emmons echoed Born’s statement. “I’ve been working in the restaurant business for over 10 years,” he said. “There are always just ways to run a business and still make profit.”
According to Smith’s statement, his lawyer sent a letter to the leaders of ROC “seeking an explanation of their charges, how they arrived at the dollar claim, and what they intended to do with the money. To date, we have received no response to the letter.” ROC coordinator Tracy Allen said they never received at letter. She said they arrived at $160,000 by calculating the back wages under federal and state law, as well as the damages due. For violating overtime law or various provisions of the fair wages act, double damages are owed, she said.
While Smith’s statement said that the protesters blocked the entrance to restaurant Friday night, Allen disagreed. “We certainly didn’t impede the entrance. Our purpose was to distribute information to the public,” she said.
Smith decried ROC’s tactics, and denigrated them as a national organization, bent on undermining regional restaurant owners.
“We find the group’s actions and threats to be reprehensible,” Smith wrote in his statement. “No business should be subjected to the kind of tactics that have been used against us by this national group. They have no place in Maine, and we hope that others will join us in condemning this group and its attacks on our business.”
“ROC came here because people in Maine wanted the organization here and the same is true of every other city that ROC has opened in,” Allen said. The Maine branch of ROC was launched in the spring of 2008 with the purpose of improving the working conditions of restaurant workers. ROC also highlights restaurants they believe are run well and tries to help their members get jobs at those restaurants.
“We place priority on working with restaurant owners that are high-road employers,” Allen said. “Those are the types of specifics we would like to sit down with the employer and discuss.”
Although Smith has yet to meet with ROC, Allen believes the protest went well. “Our point is to have a consistent pressure there and we did just that,” she said. “If in the upcoming weeks he does not sit down with us, we will be filing a lawsuit.”
In his statement, Smith said that he would open up his books to any federal or state regulators and pay back wages if they are owed.
Harding Lee Smith is a pretentious ass. He is rude, overrated and all of
his “rooms” are cramped and noisy. He is everything that is wrong with
Portland’s fine dining. He is not a part of any community and keeps his
nose in the air. He also is a piss poor person to work beside. His
temper arrogance and ego are constantly vying for attention. He has no
real work ethic and is generally a shitty person.