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Food, Power, and Paradox: The Role of Business in Food Policy

Introduction

Food is a vital component of humanity. Food supports sustenance for humans. Therefore, it is imperative to ensure proper food policies, regulations, and practices to continue getting the right and desired foods and other related services. New York City (NYC) is one of the major urban regions in the United States of America. Besides, the place is a center and hub of food-based outlets like restaurants and other inns. Therefore, such outlets have been feeding millions of city dwellers and visitors and are regarded as a microcosm of various societal issues, such as labor rights and sustainability. It is also imperative to note that NCY has made key strides to promote sustainable food systems while recommending fair practices toward laborers. Nonetheless, despite such strides, significant challenges persist. Therefore, this essay will focus on ways NYC’s policies support a sustainable food system while encouraging fair treatment of workers. However, the essay will also pinpoint the cracks in the system that the city can work on to expand the support system for fair treatment of laborers while adhering to ethical food practices.

Employees in the NYC Food System and their Activism 

Workers in the food system in NYC form one group of employees who experience a myriad of challenges. Most workers, particularly in restaurants, hotels, and other related outlets, grapple with issues such as poor pay, undesired working conditions, and other indecent acts. There have been numerous cases of workers being mishandled by clients, employers, and management. However, low wages appear to be one of the biggest problems facing workers, and they are demanding immediate action. Other issues like sexual harassment have also arisen within the sector. Both male and female workers complain of being sexually assaulted and mishandled. Worst, in extreme cases, some workers have been victims of rape and other forced sexual acts within the sector, thus showing the rot in the system. Consequently, this situation has been dire, prompting the affected individuals to take action, such as through demonstrations and other protests. It is also imperative to note that immigrants and other undocumented individuals have been the primary victims of these problems within the United States’ biggest city. Unfortunately, this group comprises underprivileged people who grapple with challenges like financial constraints. Consequently, some food system owners take advantage of the poor state of the workers to propagate acts like denying or paying employees low funds. Besides, others are mistreated through sexual harassment and other heinous acts. These issues prompt employees to demonstrate and engage in other forms of activism.

Therefore, workers have been forced to take actions like demonstrations, riots, and protests to address their challenges. For example, workers from various fast-food restaurants within the city engaged in a movement called the “fast-food workers’ movement” in NYC to fight for a livable minimum wage and the right to join labor unions. The movement was started in 2012 and mainly comprised immigrants and other undocumented individuals affiliated with Latinos and other minority groups. The protests entailed acts like workers standing outside their restaurants and demanding better pay and good working conditions. In the beginning, workers demanded at least 15 USD per hour as part of the payments for their services. Unfortunately, such demands were never met, and workers struggled, even in 2022, when the movement was marking a decade of activism and protests. Authorities like Congress have failed to increase the “federal minimum wage,” thus worsening the problem further. The minimum wage has remained at 7.25 USD per hour since 2009. However, it is imperative to note that companies in other parts of the country have increased the minimum wage as a response to the demand for a 15 USD rate. Besides, despite the demand for the fifteen dollars, the amount is still too low for many workers. Nonetheless, the companies that have increased and hit the rate have assisted many workers, particularly at a time when the country is struggling with issues like inflation. In addition, “the #Me Too movement of 2017” shed light about the exploitations that laborers faced in the food system of NYC. Also, organizations like the “National Restaurant Association” have worsened the situation by taking funds from the already financially constrained workers to fund their activities.

Cracks within the NYC Food System

New York City has several laws, particularly relating to restaurants. The laws tackle issues like lobbying for good pay for workers, decent working conditions, and anti-discrimination protection of employees. For example, the laws have been advocating for a minimum wage of 16 dollars per hour, a move that is still to be implemented. This is because the law required restaurants and other related outlets to offer this payment to their workers, but they have failed up to this moment, adding to the workers’ agony, particularly at a time like now when the country is struggling with inflation and economic hardships. The NYC Fair Workweek Law is an example of regulations that fight for the rights and demands of workers in the food system. The law demands outlets like restaurants to offer workers predictable schedules to combat challenges like overwork and letting employees stay within their premises at odd hours. Also, this requirement demands restaurant and other outlet owners to post notices relating to the changed schedules in a language that a significant number of workers can understand. Besides, the law has been stern against actions, such as last-minute changes that affect employees by subjecting them to irregular work durations. In addition, the law requires organizations to prioritize the current or laid-off employees, especially when opportunities like new shifts arise. According to the law, it is also imperative to note that entities that fail to comply are liable to harsh penalties.

New York State Restaurant Labor Laws represent another set of guidelines that regulate the NYC Food System. Experts suggest that NYC has a “slew of labor laws.” Besides, the failure to comply with any of the regulations can result in a restaurant being closed or imposed hefty fines. These laws cover areas like the employment of immigrant workers, which is common in NYC. Therefore, restaurants and other related outlets should ensure that all new workers complete a 1-19 “Employment Eligibility Verification form.” This provision outlines the right documents employees should provide to be regarded as fit for employment. In addition, the laws suggest that workers have the right to form and be part of a workers’ union organization within the restaurant sector. Therefore, workers can participate in protected activities like strikes when addressing issues such as better payment and good working conditions. Unfortunately, such laws are still violated within the city. Reports on media and other information desks report high casualties every time restaurant workers strike or protest in NYC. For example, the “fast-food workers’ movement” has always staged protests and demonstrations. However, instead of authorities like law enforcers and policymakers harkening to the demands of such people, workers are assaulted, maimed, and arrested. In critical situations, some employees lose their lives fighting for privileges and rights they should be enjoying without any obstacles. Worse, issues such as poor payment continue to affect sector workers despite their efforts to address and curb the challenges.

Therefore, the working conditions of restaurant workers in NYC are dire. Unfortunately, this situation is affecting employees even in high-end establishments. Workers in this sector are subjected to poor pay and compensation, which make it difficult for the majority to improve their living conditions. Besides, these workers are denied key benefits, such as insurance schemes and health coverage. As a result, employees continue doing work, including the most critical ones, like being in the kitchen, while risks of accidents and other undesired occurrences are glaring at them. The above analysis has shown that regulations like “The NYC Fair Workweek Law” protect employees from unplanned schedules. However, despite such laws, most workers end up working long hours and being called up to work even when they should be meeting their personal obligations. Moreover, these laborers have been constant recipients of abusive treatment from clients, employers, and other entities within the sector. As a result, the sector has been highly associated with a culture of letting employees work for long hours, having members with high stress, and abusive behaviors have been normalized. An article published in The Guardian highlighted data from a survey that showed that 71% of female workers had been harassed sexually at least once in their work experience in the industry. Such data and statistics are shocking, and they represent the highest data of any sector. Also, they show how authorities and management in the NYC Food System have neglected the welfare of the workers. It is also imperative to note that the sector has been in the limelight for hiring interns and failing to pay them. This situation is astonishing, mainly owing to the fact that most hotels and restaurants charge customers higher prices, which are not commiserated in areas like giving employees decent pay and good working conditions.

Consequently, restaurant workers have been forced to join organizations like the “fast-food movement” to air their grievances and challenges. As mentioned above, such organizations fight for issues like a desired minimum wage. The organizations have also been lobbying for its members to have the right to join workers’ unions. These movements and organizations are comprised mostly of Latinos and other undocumented immigrants. The worst situation is that despite the initiatives to ensure all workers enjoy their rights and privileges, little to nothing is done to address the situation. Consequently, these employees continue offering their services despite the challenges, owing to their low economic and social statuses. They cannot risk quitting their only jobs, particularly knowing that it has been tough for them to secure such work. Besides, others are undocumented immigrants, and thus, a slight mistake can result in their deportation. Also, pursuing legal action is a challenge for this group, as the majority of them hardly have enough finances to cater to their daily needs. However, a few lawyers, particularly the benevolent ones, have taken up the cases of some of the affected workers and tried to seek justice in courtrooms. Such lawyers also try to address general issues like poor pay that affect many workers in the restaurant sector.

Ways NYC’s Policies Support a Sustainable Food System While Encouraging Fair Treatment of Workers 

NYC Food Forward 

NYC policies have been trying to support and facilitate a sustainable food system while encouraging fair treatment of employees and adhering to ethical food practices. The NYC Food Forward is one of the policies supporting the push to improve the restaurant sector and the welfare of the workers. It is noteworthy that the policy has initiatives like the 10-year plan that aims to ensure restaurants, hotels, and other related outlets treat their employees fairly. It is also imperative to note that the 10-year plan lays out a comprehensive framework to facilitate equity, sustainability, and health standards observed within the food system by 2031. The policy is built upon five overarching objectives. The first objective aims to ensure that all New York residents have various ways of accessing health care and enjoying different types of cultural foods within the city. The second objective focuses on ensuring that the city’s food economy offers economic opportunities and employment. Thirdly, the planning framework facilitates supply chains that feed New York City with modern systems that are resilient and efficient. Fourthly, the plan ensures that proper sustainability measures are implemented for the city’s food system’s production, distribution, and disposal. Lastly, the framework aims to support the appropriate knowledge and systems to effectively implement the 10-year food policy plan. In addition, the policy reflects the lessons taught by the COVID-19 pandemic by focusing on facilitating food security, particularly for underprivileged groups. Also, it prioritizes the protection of food workers to avoid problems like unemployment and other challenges these employees faced during the pandemic.

Additionally, the NYC Food Forward has been supporting food sellers within the city. Ideally, the policy encourages New York City food vendors to abide by the labor laws to facilitate their operations’ continuity and smooth flow. In a nutshell, complying with regulations, such as fair payment, protects food vendors like restaurants and hotels from unnecessary litigations and risks of closure in critical violation of laws. Besides, the policy framework has been helping food vendors explore ways of leveraging the city’s privileges, like procurement. Such privileges help organizations like restaurants achieve excellence in proper working conditions. In addition, the framework encourages business outlets like hotels and restaurants to conduct feasibility studies on areas such as the provision of basic social safety net benefits, such as retirement packages to employees. Besides, hotels are advised to offer privileges like health coverage, including to the most junior staff and employees from minority ethnicities. Overall, the framework is based on a long-term approach to protecting and supporting restaurants, hotels, and their workers. The framework achieves such goals by combining enforcement, new initiatives, and advocating for policy change at the state and federal levels. Therefore, the plan has been seeking to address issues like decent pay, good working conditions, and other benefits to workers while protecting the interests of food vendors as well.

The Tipping System 

The tipping credit system is another policy that supports sustainable food systems while advocating for workers’ fair treatment and ethical food practices. Tipping is the concept of clients giving employees tips, particularly in the form of money. This practice has existed for many years. Clients, especially those satisfied with the employees’ services, may wish to give tips to show their gratification and appreciation. However, not all workers receive tips, although most offer decent services to clients. Therefore, the sector adopted the “credit system,” which allows restaurant managers and owners to pay tipped employees less while arguing that the tips cater to the deficits. Importantly, such a move is made to help balance payment and financial gains between tipped and untipped employees. Although there has been a push to abolish the system, many hotel owners deem the concept as suitable for fostering equity and fair treatment of workers. Besides, it fosters ethical practices of ensuring that other employees also get enough funds like their colleagues to cater to their various needs. In addition, the tipping system has ensured workers secure livable wages without discrimination. However, some contenders criticize the system, terming it unethical because it takes some funds from employees and gives them to the employer. Despite such criticism, the system has benefited many workers, including those who receive tips and those who fail to secure it. Ideally, the tipped workers are not stripped of their rewards. Instead, different restaurant managements reward workers who fail to get tips to bring a fair ground for all workers. By doing so, complaints relating to issues like poor compensation are reduced significantly.

Protection Against Retaliation 

Moreover, NYC has introduced new laws solely for protecting employees, especially when they take legal action for the violation of their rights. The “Federal Labor Standards Act (FLSA)” law helps in achieving this goal. The law has established overtime standards and minimum wage for all workers, including those in the restaurant sector and food system. Therefore, employers, such as restaurant owners and other food system corporations, should abide by the New York State Labor Department’s minimum wage guidelines and adhere to the FLSA effectively. Consequently, no employees should be subjected to constraints like overtime, particularly without their consent or other agreements or perform such mandates without proper compensation. In addition, if any workers within the city seek legal action because of the violation of their rights in areas like overtime or pay, they are supposed to be protected against incidents of retaliation, particularly from their companies. Such laws have played a crucial role in ensuring a level ground in the food system while facilitating the fair treatment of workers. Ideally, NYC restaurant employees whose majority come from minority groups like Latinos and other underrepresented ethnicities are usually economically constrained. Therefore, chances of being exploited through retaliation and unfair dismissals because of, for instance, reporting a violation can be rampant. Fortunately, these employees are protected by the law, thus leveling the ground for all stakeholders in the sector.

Overall Improvement

Overall, the NYC food system has improved, although to some extent. The city has utilized a combination of various laws and regulations to foster sustainability, resilience, equitability, and fair practices toward employees and employers in the food system. The city has focused on addressing issues, such as salary increments, to cater to financial needs, particularly relating to employees. As a result, the city reported the first yearly increase in the minimum pay rates for “app-based food delivery workers, increasing them to $19.56 every hour before the inclusion of tips.” Such actions contributed to a 165% increase in the average weekly payments for workers in areas like delivery. In addition, the minimum wage will continue to be altered yearly, mainly because of challenges like inflation. As a result, the minimum wage may rise to around $19.96 hourly by 2025. Besides, the city has thoroughly implemented regulations like the NYC Fair Workweek Law. As a result, workers have benefited from decent working conditions without necessarily being subjected to unpredictable work schedules. Also, the city is working hard to implement NYCFFP effectively. Hence, the city’s authorities have been keen on ensuring enough food for the city residents to avoid challenges such as those brought about by the COVID-19 pandemic.

Other Measures NCY Can Take to Facilitate Sustainability, Resiliency, and Equity in the Food System

The food sector is a broad system that encompasses various elements and operations. Other measures, such as ensuring fairness in addressing the needs of the workers and food system owners, can be workable. Ideally, the measure entails ensuring that needs like fair pay are addressed while also limiting the minimum wage rates to certain levels to avoid overburdening employers with extra costs. Promoting employer and employee collaboration is also important in fostering sustainability, resiliency, and equity within the food system. Employers should engage with employees on matters like selecting the right working conditions that cater to all people’s demands in different premises. However, it is imperative to note that such engagements should be guided by law. Therefore, the final decisions on matters like decent working conditions should align with the demands of the law to avoid. In such a situation, food system areas like restaurants will operate well without many complaints from employees and owners, thus achieving sustainability, resiliency, and equity in the system. Moreover, supporting local food outlets can help bring the desired results to the NYC food system. NYC should focus on local enterprises for services like procurement of food products from small-scale farmers. Such services should also be sought from businesses owned and operated by women and other underprivileged groups. Notably, these actions will result in benefits like increased employment opportunities and earnings for underprivileged groups that are often left out.

Conclusion

In conclusion, the food system of any region is paramount for its people. The food system contains numerous operations, from restaurants to farmers and other intermediaries. Ideally, the system ensures that people have enough food to cater to the sustenance needs of residents. Besides, such laws protect workers against harsh conditions like massive layoffs, such as those brought by COVID-19. Therefore, critical stakeholders like laborers, restaurant owners, and farmers are involved in meeting such goals. The NYC Food System is one system that feeds millions of people within the city. Restaurants are crucial in ensuring that city residents and visitors always have enough quality food. Besides, the city has a raft of measures and policies that safeguard the system while ensuring the welfare of all stakeholders is met effectively. Policies like NYCFFP have been beneficial in ensuring equity and the fair treatment of workers, particularly in the restaurant sector. However, despite such developments, the NYC Food System still faces challenges like the failure of food system owners and authorities to meet demands like decent pay and good working conditions. As a result, employees who are predominantly from minority groups struggle to meet their financial needs because of the challenges within the NYC Food System.

Bibliography

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