Office of the Attorney General for the District of Columbia

16/07/2024 | Press release | Distributed by Public on 16/07/2024 12:53

Attorney General Schwalb Secures More Than $525,000 for Restaurant Workers & DC in Wage Theft Lawsuit

Attorney General Schwalb Secures More Than $525,000 for Restaurant Workers & DC in Wage Theft Lawsuit

July 16, 2024

Lawsuit Alleged that Swahili Village DC & Executives Systematically Stole Tips, Cheated Workers Out of Wages & Benefits


Attorney General Brian L. Schwalb today announced that Swahili Village M Street, LLC (Swahili Village DC) and its owner, Kevin Onyona, must pay $526,973 to restaurant workers and DC to resolve a 2023 wage theft lawsuit. In its lawsuit, the Office of the Attorney General (OAG) alleged that Swahili Village DC systematically stole wages and tips from its servers, hosts, food runners, bussers, and bartenders and violated multiple DC labor laws. Under the terms of this settlement, Swahili Village DC and Onyona must pay more than $260,000 to 72 restaurant workers, fund the process to distribute worker restitution, and pay penalties to the District.

"It is unacceptable, and illegal, for businesses to steal from their hardworking employees, depriving them of the full benefits they have earned and are legally entitled to. Employers that do so are not only exploiting their workers but are gaining an unfair advantage over their competitors who play by the rules," said Attorney General Schwalb. "This is a significant win for dozens of Swahili Village workers who were mistreatedand continues our office's commitment to combatting wage theftin the District of Columbia."

"I know firsthand that too many people work hard every day but still struggle to keep the lights on, provide food for their families, and pay for healthcare," said Rowles Adams, a former bartender at Swahili Village. "When we get new jobs, we see them as opportunities. We ask 'how can I succeed?' and 'what are the next steps I can take to make life better for myself and my family?' We don't ask 'will I be paid for all the hours I worked this week?' or 'is this company breaking the law?' Unfortunately, working at Swahili Village raised those negative questions. For months, I saw managers mistreat my coworkers, including many young immigrants who did not even realize that what was happening was wrong. I spoke out, but it didn't change things. I'm so grateful that the lawyers from the attorney general's office heard our plea for help and stood with us to get justice. I hope this case sheds light on the recurring issue of wage theft, especially in the restaurant industry,where tipped employees work twice as hard to survive and earn a living wage."

Swahili Village DC is a fine-dining restaurant in Ward 2. The vast majority of its workers are people of color, including many young African immigrants. Kevin Onyona is the founder and CEO of Swahili Village DC and Emad Shoeb served as Chief Operating Officer.

In 2023, after a lengthy investigation, OAG filed suit against Swahili Village DC, Onyona, and Shoeb, alleging that the defendants engaged in an egregious pattern of wage theft, paid many workers far less than minimum wage (frequently paying servers as little as $5 per hour, including both wages and tips), failed to pay overtime wages, failed to distribute tips, and failed to provide legally required paid sick leave. OAG's lawsuit detailed violations of multiple DC laws, including the Minimum Wage Revision Act, Sick and Safe Leave Act, and Wage Payment and Collection Law.

Under the terms of the settlement, Swahili Village DC and Onyona must:

  • Pay more than $260,000 to workers:More than 70 Swahili Village DC workers will be paid wages they are owed as well as damages. A claims administrator will contact eligible workers via mail, email, and/or phone.
  • Pay $197,614 in penalties to DC.
  • Change its practices and report on compliance for three years:Swahili Village must comply with all District wage and hour laws moving forward and provide reports to OAG documenting ongoing compliance for three years.

As part of the settlement, Swahili Village and Onyona must also pay for a claims administrator chosen by the District that will search for and contact all eligible workers and distribute the money they are owed.

A copy of the settlement agreement is availablehere.

This matter was handled by Assistant Attorneys General Sarah M. Levine and Zack Hill; former Law Clerk Callie McQuilkin; and Section Chief Graham Lake.

OAG's Efforts to Protect Workers

OAG's Workers' Rights and Antifraud Section is dedicated to fighting wage theft and protecting District workers. Since January 2023, OAG has secured more than $10 million for workers and the District. In total, since gaining wage theft enforcement authority, OAG has secured over $25 million by bringing investigations and lawsuits against employers who violate District labor laws. OAG's wage theft enforcement efforts have focused on industries with high populations of vulnerable workers, such as construction, restaurants and hospitality, healthcare, and the gig economy.

How to Report Wage and Hour Violations
Workers who believe that their rights have been violated, or that they have experienced wage theft or other wage and hour violations, can contact OAG by calling (202) 724-7730 or emailing [email protected]or [email protected].