How to Better Protect Your Foreign Employees

By Noah Rue, Contributor

The restaurant industry is one of the most diverse in the country. According to a recent report from the U.S. Bureau of Labor Statistics, around 47.8% of workers employed in restaurants are from minority backgrounds. This number is certainly informed by a significant number of immigrants, which is a positive aspect that we should all be celebrating. Few other industries can boast this level of international cultures, ideas, and perspectives.

Yet, there are likely to be few restaurant owners and managers who haven’t noticed the difficulties these workers can face. Between the regulatory and legal obstacles they have to overcome, and social prejudices that are still very much prevalent, your foreign workers don’t always have an easy or pleasant time. As such, it’s only natural that you want to do what you can to protect your employees while also making them feel like the valued members of your team that they are. 

This isn’t always a simple matter for you as a business owner, though. Let’s take a look at a few of the key areas you can focus on.

Tackle Prejudice

Wooden figurines. A group of natural wood figurines stand in a group together while a small number of painted figurines stand across from them.

We would all like to think that restaurants are workplaces where foreign employees are safe from prejudice. However, it is a sad truth that foreign workers are particularly subject to negative bias and bigotry as a result of their ethnicity or nation of origin. Examples of customers who abuse immigrant staff — like the 2018 case of Aaron Schlossberg who yelled at restaurant staff for speaking Spanish to one another and threatened to call Immigration and Customs Enforcement — are not exactly uncommon. As such, restaurant leadership needs to tackle prejudice.   

One approach that is gathering pace is designating your business as a sanctuary restaurant. This began in solidarity with sanctuary cities that have asserted they will not assist federal authorities in the pursuit of undocumented immigrants, but it goes further. The movement implements a zero-tolerance policy on any form of discrimination — including racism and xenophobia — and seeks to protect the dignity and welfare of staff, owners, and consumers alike regardless of their ethnicity or immigrant status. Treating your restaurant as a sanctuary from such prejudice, whether independently or as an official part of the movement, sends a powerful message to the community.  

However, alongside implementing such zero-tolerance policies, it’s important to recognize that there are going to be times that your staff is faced with such bias and abuse. Whether this is at work or in their personal lives, it can take a significant toll on their wellbeing. As such, it can be wise to research and provide them with information about community services. Social workers and case management professionals, in particular, can be helpful in assessing your workers’ sometimes complex needs at times of difficulty in their lives — this could be difficulty finding housing due to prejudices, or they might need support groups aimed at undocumented immigrants. These community workers can be an important liaison between your staff and a range of beneficial services.

Help with Regulations & Support

Façade of a US Citizenship and Immigration Services building.

One of the most difficult aspects of being a foreign worker in restaurant spaces is the regulatory and legislative compliance that must be adhered to. Immigration is rarely a static process in the U.S., with various administrative hurdles to jump through either during their time in the country or on the path to citizenship. It is often costly and can be extremely stressful. As such, one of the best ways to protect your foreign workers is to be aware of the difficulties and provide them with assistance where you can.  

The first step here is in respect of visa and permanent residency requirements. In most cases, you won’t be able to directly sponsor workers. However, providing confirmation of regular employment and their good conduct can be helpful in their application packages. Provide them with advice where you can, and be open to time off to attend appointments. That said, if some of your workers are undocumented, it’s important to be clear about what the plan of action is in the event of a visit from ICE. Be supportive and approach the matter with a view to being prepared for the worst so that you both can respond positively and effectively.    

Additionally, it’s worth remembering that the immigration process can be expensive, and food services are generally lower-paid professions. As such, there may come a time that your workers may find themselves struggling financially. While you will naturally want to pay them as much as your business can afford, this isn’t always going to be enough. However, you can provide them with information about federal programs that might be able to assist them. Be clear that immigration status is often a factor in these programs. While some — such as Medicaid and food stamps — may be open to non-citizen immigrants, many exclude undocumented residents. In these instances, it can be wise to direct them to relevant community support services that can provide the best advice. 

Maintain Health & Safety

Three restaurant chefs in white coats, wearing tall hats, facemasks and latex gloves, cooking at a stove.

Health and safety should be a priority for any restaurant. This is especially important in circumstances where your foreign workers may not have comprehensive health insurance due to their lower finances or have no health insurance at all. This may be the case for your undocumented workers, in particular, who are generally not eligible to obtain plans in the health insurance exchange and are not able to get Medicaid — though in some circumstances their children may qualify.  

You can often be most impactful in this regard by ensuring that there is sufficient training on safe and healthy procedures in the restaurant. Often the best cure for expensive hospital visits is to avoid the necessity for them in the first place. Good health education is a key aspect of this. Your approach shouldn’t just include elements like heavy goods handling and using machinery, but also in sanitization and food handling. Help them to understand how bloodborne viruses and diseases can be transmitted both in the workplace and at home, and reinforce healthy habits.

Conclusion

Your foreign workers are valuable contributors to your restaurant and your community. Recognize that they can be placed in positions of vulnerability through social prejudices, legislative restrictions, and minimal health coverage. Then do what you can to provide them with the support they need and will appreciate.


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