Using the bathroom in an upmarket New York restaurant does not come cheap and diners often find themselves not so much spending a penny as spending a dollar — or more.
But any resentment at the fees charged by acquisitive bathroom attendants was tempered this week after it emerged that most are forced to pay ”rent” for their high-value spot next to the urinals and to work without wages.
Eliot Spitzer, the New York attorney general better known for his high-profile battles with organised crime and corrupt Wall Street bankers, on Thursday turned his attentions to this glaring injustice, setting out his stall with a $4-million lawsuit against Royal Flush, the city’s main placement service for bathroom attendants.
According to the complaint, the restroom orderlies — many of them immigrants — earn no wages or benefits but are forced to pay for the privilege of handing out small towels to total strangers. A ”lease fee” is levied proportionate to the amount of tips they make simply for the right to work in the toilet.
”The idea of people working without wages and having to pay a fee to stand in a bathroom and wait for tips is unconscionable,” Spitzer said. The contracts are a ”clear violation” of state labour law and ”deprived people of the dignity of the minimum wage”, he said.
Attendants turning on taps, passing hand towels and dispensing colognes and mints are a common sight in the smarter city eateries.
As a result of an investigation, Spitzer’s office said several restaurants have already agreed to hire people who have been working as attendants and, in some cases, will compensate them for unpaid wages.
A settlement was reached with some of the best-known restaurants in the city, including Tavern on the Green in Central Park, Ruby Foo’s in Times Square, Blue Water Grill, Dos Caminos, Atlantic Grill and Isabella’s.
The suit against Royal Flush and its managers, LeRoy Porter and Donna Williams, seeks $1,1-million in damages and $2,9-million in restitution for unpaid wages and unlawfully appropriated tips.
The investigation was launched after the attorney general’s office received complaints from several workers. — Guardian Unlimited Â