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Kenyan-owned Swahili Village Fined for Wage Infractions in Newark, Labour Department Reports

Martin Olage Aug 30, 2024

The US Department of Labor (DOL) has taken action against Kenyan-owned Swahili Village Bar and Grill in Newark for violating the Fair Labor Standards Act (FLSA).

The popular downtown restaurant failed to pay overtime wages to 84 employees, including servers, cooks, and bussers, who worked more than 40 hours per week between May 2022 and June 2023. The DOL's investigation uncovered that the restaurant owes $62,335 in overtime wages and an equal amount in liquidated damages to the affected workers. Additionally, Swahili Village Bar and Grill faces $44,100 in civil penalties for these willful violations. Wage and Hour DOL District Director Paula Ruffin emphasizes the importance of holding employers accountable, noting that restaurant workers are particularly vulnerable to wage shortages.

Swahili Village Bar and Grill, which opened its Newark location in 2022 with a ceremony attended by Mayor Ras J. Baraka, is known for its East African cuisine. The restaurant is situated across from the New Jersey Performing Arts Center and has two other locations in Maryland and Washington, D.C. This incident is not isolated, as Swahili Village recently faced similar issues at its Washington, D.C. location. Just a month prior, the restaurant agreed to pay over $500,000 to resolve a wage theft lawsuit filed by the D.C. Attorney General. The lawsuit alleged systematic wage and tip theft from 72 workers since the location's opening in 2020.

The FLSA mandates that employees receive at least the federal minimum wage and overtime pay at one and a half times their regular rate for hours worked beyond 40 in a workweek. Despite these clear regulations, violations persist in the industry. To address these issues, the DOL offers various resources to assist both workers and employers. The Workers Owed Wages search tool allows employees to check if they are owed back wages collected by the division. Additionally, the Wage and Hour Division provides a toll-free number for assistance and inquiries.

The Swahili Village has attracted a distinguished clientele including Kenyan President William Ruto and his predecessor, Uhuru Kenyatta. Last year, the restaurant's Kenyan founder Kevin Onyona and Chief Operating Officer Emad Shoeb agreed to a settlement requiring the implementation of compliant wage practices and submission of regular reports to the attorney-general for three years. Notwithstanding these legal setbacks, Swahili Village has maintained its reputation as a favoured dining spot for high-profile figures, including US Secretary of State Antony John Blinken and Kenyan opposition leader Raila Odinga.

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