If you have ever set foot inside a market in New York City, you most likely have run into a friendly man or woman that bags the groceries. These people work hard for a living just like the rest of us in whatever trade we have become aligned. Some choose this job out of necessity, being run out of a different profession or because they have done it all their lives. Regardless, it is a small but integral part of our community at work. The only difference is how they get paid.

Most grocers argue that these workers are mere volunteers and only deserve the tips that are given by customers. Tips can add up to $10, 20, even $30 a day, though it is a paycheck that is far below the $6.75 minimum wage here in New York City. In the past there have been lawsuits to garner a fair wage, but the persistence of old ways and grocery store owners (from little stores to large chains) have kept the baggers from earning the minimum wage.

From the NY Times:

Luz Ordoñez, an immigrant from Ecuador, is one of seven baggers who sued the Food Bazaar at 21 Manhattan Avenue in Williamsburg, Brooklyn, accusing the owner, the Bogopa Service Corporation, of not paying her any wages for three years.

“Our pay was the tips,” she said. “They’d say, ‘We don’t pay you guys.’ ”

Ms. Ordoñez, who joined a picket in front of the store yesterday, said she typically received $25 in tips during her eight-hour shifts. Many days, she said, the baggers were not given any breaks.

Store owners call them volunteers. Volunteers can take breaks anytime they want to, being subjected to long, never-ending hours is far from voluntary. It should be criminal to not pay these hard working men and women a decent wage. It seems that to certain grocery store owners overhead is more important than quality of life for people that keep their businesses humming.

Fortunately for New York, there is a new 'sheriff' in town (actually up in Albany) and he is going to take action. Patricia Smith, Spitzer's labor commissioner nominee and his labor bureau director in the Attorney General's office at the time had thought she solved the problem when a $3 million dollar suit was settled for deliverymen that worked for Gristedes and Food Emporium.

The AG's labor bureau still agrees with the baggers:

Jennifer Brand, a lawyer in the attorney general’s labor bureau, said the baggers were employees, not volunteers. She said they typically work under management’s control and are assigned specific shifts.

“Even if you took the position that these people just came in and were just permitted to be there, instead of being actively hired, they would still be considered employees under the minimum wage law and would not be permitted to volunteer only for tips,” she said.

It is amazing how stubborn the owners of grocery stores are in keeping some of their employees from earning a fair wage despite the increasing public outcry. Well the baggers are not waiting for anyone. They are taking to the streets to have their voices heard and win the right to be paid just like any other employee. Make The Road By Walking has been organizing protests and currently against the Bushwick Associated Supermarket. If you live in Brooklyn and shop at that store, make sure you think twice before entering. With enough hard work and determination, these boycotts and protests will succeed and end this travesty once and for all.