Restitution, fair play, mediation, and equity are always the endgame goals for any management/labor conflict. In the case of several C-Mart supermarkets in Quincy and Boston’s South End and Chinatown neighborhoods, a settlement of $800,000 in restitution and penalties has been reached for employees of these supermarkets as a result of 15 citations and an investigation in 2021 started by Attorney General Andrea Campbell. In a press release, Campbell noted:

“My office, and particularly our Fair Labor Division, will continue to hold employers accountable for wage theft and violation of our wage and hour laws.”

Reaction to this settlement, the end result of an appeal from C-Mart’s corporate presidents, has been positive. Fiona Yu, Chinese Progressive Association Worker Center Coordinator, issued this response:

“The Chinese Progressive Association applauds Attorney General Campbell and her team for winning this significant settlement and her commitment to end wage theft. We are committed to work with the Office of Attorney General to ensure every worker entitled to back wages will be compensated. We encourage workers to contact the Chinese Progressive Association for help with this claim and any other workplace issues. We also hope to use this opportunity to help more workers learn about their rights and stand up for their rights.”

The AG’s Fair Labor Division findings paint a dark picture of routine practice and procedure in these C-Mart stores. Among the findings:

• Failure to furnish true and accurate payroll records
• Failure to post required workplace notices, including earned sick time posters
• Failure to properly pay overtime hours or for hours worked on Sundays.

Lily, a thirty year old former C-Mart employee, spoke to Sampan from her Quincy home about her experiences with the company:

“I am from China,” she began. “I now consider myself Asian-American. I have been in the US for 11 years and started working at c-mart around 13 years ago. I left when I was 16 years old. The main reason for leaving was that the wage was too low.” She initially described the working conditions as a cashier as “…quite harmonious. The colleagues got along very well, and I personally think that the boss treated us very well. There was no competition, intrigue or the like, and I was quite happy.” For Lily, things got a little more complicated when it came to vacations, holidays, overtime and basic wages.

“Except for Thanksgiving and Christmas, she noted, “we had to go to work on weekends and holidays, and we were also busy on holidays, so we had to work overtime! Overtime work on weekends and holidays was also paid at normal wages. At that time, our schedule was 6 days a week, and only one day had extra pay, no matter what holiday it happened to be the same,

Lily felt that “…the employees got what they wanted. The boss said he was willing to try his best to compensate.  They are all overseas Chinese, so there had to be a better way to solve the issue. It didn’t have to come to this, but I’m glad they got financial justice. Right now, I am working at a Chinese restaurant. I would like to have gotten part of the settlement, but I’m glad my friends got the money coming to them.” 

Sampan reached out to the Attorney General’s office for a deeper reflection on the significance of what this settlement means for worker’s rights. Is this emblematic of larger problems for immigrant workers? Has she seen similar problems in other states? Which immigrant populations are most vulnerable? What measures are being taken to prevent this from happening again? What follows are emailed responses Sampan received from the Attorney General’s office, edited for clarity:

• FLD is committed to protecting all workers in Massachusetts, including low-wage and immigrant workers who are among the most at-risk for violations of basic labor standards. Low-wage and immigrant workers are particularly vulnerable to workplace abuse because they are often reluctant to speak out about violations of the law for fear of reprisal.  That is why our office issued an Advisory on the Rights of Immigrant Workers (Chinese).
• While we do not track violations or complaints in other states, we are aware that wage theft is a real issue across the nation, as well in Massachusetts.
• We cannot comment on the identities of the workers who come to us, though some of our most vulnerable workers come from communities of color or are immigrants themselves.
• As noted above, the AG’s Office is dedicated to combating wage theft and exploitative workplace practices and protecting workers, regardless of their immigration status.
• Our office has dedicated outreach specifically for workers who are facing wage theft instances of wage theft, including:
  • Hosting a free, monthly Wage Theft Clinic with community partners and agencies to help workers get the wages and benefits they’ve earned.
  • Making information and education materials such as basic workers’ rights accessible to these communities and in multiple languages.
  • We partner with resources outside of our office such as community and worker rights organizations, who help us to further establish trust with specific communities.