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Ex-malt shop waiter Kevin O’Leary will get help from City Hall if he wants it.
City Attorney David Tourek changed course on Tuesday and said he’s willing to take the Route 66 Malt Shop to court to enforce Albuquerque’s new minimum-wage ordinance. He intends to meet with O’Leary to review his pay records and ensure he gets what he’s due.
But Tourek still argues that it’s best for employees to find private attorneys to sue their employers if they aren’t paid the new wage, approved by voters in November.
“This is the exception,” Tourek told reporters. “No one has come to help this person.”
Eric Szeman, owner of the malt shop, said the threat of a city lawsuit is politically motivated and improper.
Route 66 Malt Shop owner Eric Szeman speaks to protesters outside his business earlier this month. (Roberto E. Rosales/Albuquerque Journal)
“I question the legality of the city suing one private citizen on behalf of another,” Szeman said in an interview.
In any case, he said, he’s offered to pay O’Leary whatever he’s owed under the new ordinance, probably $120 to $160. When it comes to the rest of the employees, Szeman isn’t backing down: Increasing their wages would put the place out of business.
“They’re happy to work at the old wage,” he said. “They want to keep their jobs.”
It’s still an open question what will happen if employees at other businesses come forward to say they aren’t getting the new minimum wage. Tourek said the city can’t afford similar litigation on a “wide scale.”
As for others at the malt shop, Tourek said that O’Leary is the only one who’s been in touch with the city.
Tourek said he’s hopeful private attorneys will be willing to take on wage cases. He said he’s talked to New Mexico Legal Aid, which provides free services to low-income residents.
A spokesman for the group said a minimum-wage dispute is the kind of case it would take on, assuming the client met the income requirements.
Enforcement of the wage law has been a source of controversy since the increase went into effect Jan. 1. The ordinance includes language saying an employee can file civil litigation for back pay and other relief, or the city attorney can enforce the ordinance.
Mayor Richard Berry maintains it isn’t up to him to enforce the ordinance because its language takes “the mayor out of the equation.”
He said he didn’t direct Tourek to get involved in the case. He did, however, ask Tourek to look into the situation and make sure O’Leary was getting some kind of help, presumably from private attorneys.
“I think David is doing the right thing” by stepping in, Berry said.
Berry’s comments came after the City Council’s three Democrats on Tuesday called on the city administration to enforce the law. Benton said the City Charter requires the mayor to enforce city ordinances and that a company’s refusal to pay the wage isn’t just a private dispute.
“It’s a public purpose to protect employees,” Benton said.
Councilor Ken Sanchez said the city is responsible for enforcing the law.
“Most of the people making minimum wage can’t afford to hire an attorney,” he said.
— This article appeared on page C01 of the Albuquerque Journal
Reprint story -- Email the reporter at dmckay@abqjournal.com. Call the reporter at 505-823-3566
