Workers in the Fight For $15 movement have sparked dozens of minimum wage increases over the past six-and-a-half years. Workers have also won the battle of public opinion: even the majority of Republican voters now support their efforts. But businesses who profit off low wages, particularly those in the food industry, aren’t ready to concede defeat. When they’re not hoodwinking media outlets with an astroturf group that pretends to represent workers’ interests, restaurants are campaigning hard against higher wages at the point of service.

Adding a small surcharge to your bill is one aspect of restaurants’ anti-worker campaign. Those that employ this practice should be boycotted.

What is the surcharge and where might you see it?

The surcharge is an added cost that a business links to pro-worker legislation. It is presented differently in different establishments. Customers who look closely may just see a line item that says “living wage surcharge” or “mandates surcharge” when they get their checks. Some restaurants may put a note about the charge in small font at the bottom of their menus. Others may put up a sign explaining the added costs.

Signs and menu notes often assert the organization’s support for the benefits that ostensibly led to the surcharge. Don’t be fooled. The note, and the charge, are designed to prejudice customers against living wage policies.

How do we know the surcharge is anti-worker?

Consumers don’t like surprising add-ons; when you go somewhere expecting to pay menu price and then end up needing to pay more, you’re usually annoyed. Business owners who put a surcharge on their menus know that and want you to tie your annoyance to legislation that makes them compensate their employees more fairly.

Note that the labor involved in making, selling, and/or serving a product is only one of many factors that influence a product’s price. The cost of purchasing the ingredients or materials needed to make a product matters, as do rent, utilities costs, advertising spending, and a variety of other business expenses. Have you ever seen a “rent increase surcharge” on a menu? How about an “advertising fee?” Since a business owner’s desired profit may be the biggest factor in the prices that business owner sets, the most honest note on a menu would probably be something along the lines of: “The price of this hamburger is $15 because of the lifestyle of Mr. Smith, the owner of this restaurant and four other restaurants in the city, who lives in a $1.5 million house, drives a Porsche, and is looking forward to his three-week stay at a Hawaiian resort this summer.”

That’s not to say it’s necessarily unethical for businesses to raise prices after a minimum wage increase. While minimum wage increases don’t tend to influence prices very much – in part because they can lead to a higher volume of sales (due to increased demand for businesses’ products), efficiency gains (e.g., lower turnover), and/or more equal distributions of wealth within companies (by shifting profits from owners to workers) – it’s reasonable for prices to be one channel through which businesses with small profit margins absorb added costs. But it is both unreasonable and unethical for a business to itemize labor costs and nothing else. When you see a wage surcharge or note tying price increases to wage increases on a menu, what the business is really saying is that, if it weren’t for the law, they’d be paying their workers a more exploitative wage. And that they’re hoping your annoyance about the surprise charge they’ve added will convince you they should be able to do so.

How can you challenge the surcharge?

The next time you see a business embracing this practice, ask to speak to the owner. Explain why their policy is unacceptable and ask them to change it. If they refuse, let them know that you’ll be boycotting their business until they change their mind. Then leave a note in the comments of this post or send a direct message to @BenSpielberg on Twitter to get the business added to the list below.

Update (8/1/19): Effective 7/23/19, Ike’s Love and Sandwiches became the first business to respond to the boycott by removing their surcharge. They have been removed from the list below. Email aizleforhr@loveandsandwiches.com or call 510-309-9909 to let them know that you appreciate them making the right decision and can now resume eating their sandwiches.

Update (1/19/20): Following conversations with Emily Burton and me, Enoteca La Storia in San José has become the second restaurant to remove the surcharge. They have been removed from the list below. Email Joe Cannistraci at joe@joecannistraci.com to let him know that his concern for his workers’ well-being is much appreciated.

Enoteca La Storia

408-618-5455

infosj@enotecalastoria.com, Mike@enotecalastoria.com, miyuki@enotecalastoria.com, joe@joecannistraci.com

Submitted by: Emily Burton

Notes: Emily emailed them and they wrote a long response attempting to justify the policy, saying (among other things) that they felt it was a better solution to their increased labor costs than raising menu prices and that many other restaurants also have this practice. Emily conveyed that the policy attempts to pit customers against workers and that she would be encouraging others not to go there until they changed the practice.

CALIFORNIA RESTAURANTS TO BOYCOTT San José Luna Mexican Kitchen

408-320-2654

lunamexicankitchen@gmail.com

Submitted by: Paul Nyhof Notes: I emailed management and they never responded. Treatbot

408-548-7328

info@treatbot.com

Submitted by: Melissa Urbain Notes: I emailed management and they never responded. Village California Bistro

408-248-9091

john@thevillagebistro.net

Submitted by: Ben Spielberg Notes: I emailed management and they never responded. Zona Rosa

408-275-1411

dine@zonarosasj.com

Submitted by: Ben Spielberg Notes: I emailed management and they never responded. San Francisco Greens Restaurant

415-771-6222

info@greensrestaurant.com, min@greensrestaurant.com

Submitted by: Ben Spielberg Notes: I had a nice email exchange with Min Kim, their general manager. Min said they support all the pro-worker legislation in San Francisco and said “I do understand your push to include costs in the menu. But, I also do believe you and I would not be having this conversation if it wasn’t separated.” Min indicated interest in discussing the issue further but has not responded to my follow-up emails. Palo Alto Local Union 271

650-322-7509

hello@localunion271.com

Submitted by: Ben Spielberg Notes: I emailed management and they never responded. Mayfield Bakery and Café

650-823-9200

info@mayfieldbakery.com, karey@bacchusmanagement.com, tim@bacchusmanagement.com

Submitted by: Ben Spielberg Notes: Founding Partner Tim Stannard wrote to me that “The issue of labor surcharges is a difficult and thorny issue for us…It’s probably too complex to go into in an email, but if you send me your phone number I’d be happy to give you a call to try to explain.” Tim left me a message and said he was interested in chatting about the issue but then stopped returning my emails and follow-up calls. Oren’s Hummus

408-391-9762

mistie@orenshummus.com

Submitted by: Kate Frelinger Notes: I emailed Mistie, the President and Owner, and she wrote back an email explaining why they have the surcharge, saying she “encourage[s me] to consider the business owners [sic] perspective in that we do not control the ongoing increases of the additional health care and other costs that are imposed on the business.” She incorrectly contended that the surcharge “is infarct [sic] pro-worker because without denoting these funds to pay for these benefits we would likely have to hire less people or provide a lesser quality of benefit.” When I followed up with an explanation of why her assertions were unfounded, she said she “respectfully need[ed] to decline [my] invitation to speak more on this matter.” WASHINGTON RESTAURANTS TO BOYCOTT Check out this comprehensive list from Working Washington.