SANTA FE WORKERS FILE WAGE CLAIMS FOR LAST PAYCHECKS AFTER COVID-19 BUSINESS CLOSURES

April 9, 2020

Update: After the Furr’s worksite committee filed a collective complaint at the New Mexico Department of Workforce Solutions, the employer paid all its employees their last paychecks

Santa Fe--On Wednesday, a newly formed worker's committee at Furr's Fresh Buffet electronically filed nine wage complaints with the New Mexico Department of Workforce Solutions claiming the regional chain of restaurants failed to issue last pay checks.

On March 18th, Furr's management told its workers the business would close for an indefinite period due to the Coronavirus. Close to 40 workers were affected by the closure. When it came time to receive a direct deposit on March 27th, no pay check appeared in their bank accounts. Several workers asked the manager repeatedly over the phone about payment. Ultimately, he told them not to expect their wages.

The nine workers, who organized their committee over Zoom, are collectively claiming $5,562.

Carmen García, a single mother of a young teenager, worked full time for 23 ½ years at the restaurant as a baker. Never making more than the City's minimum wage, this was her only job since immigrating the United States and her only source of income. She is owed $600.

"This caught us off guard. I couldn't pay my rent this month, and my landlord is demanding at least half. Some of us have had to ask for loans from family and friends to cover basic needs. We know everyone is struggling. We want to continue working for this restaurant if it re-opens, but this is isn't right. We must get paid," said García.

While the state closed Department of Workforce Solutions offices to the public, workers can still make wage claims by downloading the form online and filing them electronically.

"Workers need to know if they are laid off or fired by their employers during this health and economic crisis, they still can claim their last pay check and accrued vacation hours. Employers need to know they can't use this pandemic to steal wages from families that will surely need every last dollar," said Rayos Burciaga, a community organizer at Somos.

María Mayela Gutiérrez, who helps support her daughter and infant grandchild, worked at the restaurant for 10 years. Owed $750, she stated: "I counted on this check to pay my rent and buy food. I don't have money to go to the grocery store to stock up. I'm also having to ask for a loan to pay my bills. The nine of us decided to organize and file these claims together. While  many of our co-workers are scared of retaliation and not getting re-hired if Furr's reopens, we feel like we have no choice."

Silvia Corral, a cook at Furr's for five years is also the head of her household. Owed $653, she said: "We helped sustain this business and the local economy for years, and now when there's a crisis they treat us like this. We feel betrayed. Furr's is a big regional chain and it needs to find a way to pay us."

"This is not the first report of wage theft we've received at Somos in the last month," said Gabriela Ibañez Guzmán, staff attorney at Somos. "These wage claims underscore low wage worker struggles during the COVID-19 pandemic. As businesses shutter, workers, especially immigrant workers who do not qualify for unemployment benefits or stimulus relief, need to know they still have rights. We anticipate the Department of Workforce Solutions will deal with these last pay check issues promptly. The livelihoods and well-being of many families and children depend on it."

To download wage claim forms at DWS website, click here.

For Somos Un Pueblo Unido's COVID-19 worker's rights fact sheet, click here.

Or in Spanish, here.

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Somos Un Pueblo Unido is a statewide civil and worker's rights organization. In 2012, Somos founded the United Worker Center of New Mexico to organize and provide support to low-wage workers. The organization has helped workers recoup over 1.5 million dollars in unpaid wages, lost wages and penalties.