IV 
118TH CONGRESS 
1ST SESSION 
H. RES. 702 
Recognizing the duty of the Federal Government to protect the rights of 
restaurant workers. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 19, 2023 
Ms. TLAIB (for herself, Mr. CARTER of Louisiana, Ms. LEE of California, Mr. 
BOWMAN, Mr. ESPAILLAT, Ms. CLARKE of New York, Ms. BUSH, Ms. 
OCASIO-CORTEZ, Ms. PRESSLEY, Mr. CASAR, Mrs. RAMIREZ, Mr. 
MCGOVERN, Ms. OMAR, Mr. GARCI´A of Illinois, Mr. GRIJALVA, Mr. 
DAVIS of Illinois, Ms. SCHAKOWSKY, and Ms. JACKSON LEE) submitted 
the following resolution; which was referred to the Committee on Edu-
cation and the Workforce, and in addition to the Committees on Ways 
and Means, the Judiciary, Financial Services, Energy and Commerce, Ag-
riculture, Oversight and Accountability, Armed Services, Veterans’ Af-
fairs, Natural Resources, Foreign Affairs, and House Administration, for 
a period to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the com-
mittee concerned 
RESOLUTION 
Recognizing the duty of the Federal Government to protect 
the rights of restaurant workers. 
Whereas, as of 2022— 
(1) there are over 12.5 million restaurant workers in 
the United States, comprising over 10 percent of the 
overall workforce; and 
(2) over 60 percent of American adults report work-
ing in the restaurant industry at some point during their 
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lives and 48 percent report having held their first regular 
job in a restaurant; 
Whereas the restaurant industry workforce is extremely di-
verse, in which— 
(1) 54 percent are women and nearly 1⁄2 are workers 
of color; 
(2) Latino and Latina workers are the most rep-
resented racial or ethnic group in the restaurant indus-
try; and 
(3) over 1⁄5 of restaurant workers are immigrants, 
who are denied access to public programs simply because 
of their immigration status; 
Whereas more than 1⁄3 of all women working in the res-
taurant industry are mothers, and well over 1⁄2 of those 
are single moms; 
Whereas restaurant workers live in poverty at nearly 3 times 
the rate of the general workforce, and access food stamps 
and Medicaid at nearly twice the rate of the overall work-
force; 
Whereas employers in 16 States are permitted to pay res-
taurant workers just $2.13 an hour before tips, a tipped 
minimum cash wage that Congress has not raised since 
1991 and that exacerbates the economic impacts of 
sexism and racism, as demonstrated by the fact that in 
those 16 States— 
(1) the racial divide in poverty levels is exacerbated, 
with restaurant workers of color living in poverty at levels 
4.9 percentage points higher than White restaurant work-
ers; and 
(2) sexual harassment is higher than in the States 
where employers are required to pay the full minimum 
wage with tips on top; 
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Whereas 23.5 percent of workers in the restaurant industry 
lived without health coverage in 2017, which is nearly tri-
ple the national rate, and only 31 percent of restaurants 
offer health insurance coverage for their staff according 
to a survey of restaurant owners; 
Whereas low wages, unjust working conditions, and bans on 
abortion coverage like the Hyde Amendment, all interfere 
with someone’s ability to make their own decisions about 
pregnancy and whether to become a parent, and dis-
proportionately affect women and people of color; 
Whereas wage theft, discrimination, and other violations of 
wage and hour law are extremely common in the res-
taurant industry, and restaurant workers are more likely 
to experience discrimination in restaurants, including sex 
discrimination, discrimination against parents, racism 
and racist hiring practices; 
Whereas the rate of sexual harassment among female res-
taurant workers is the highest of any industry, with fe-
male workers filing sexual harassment charges at twice 
the rate of the general workforce, with one survey of res-
taurant industry workers finding that more than 70 per-
cent of women reported having experienced some form of 
sexual harassment in the workplace; 
Whereas, since the United States is currently the only OECD 
country with no national paid family leave and one of the 
few high-income countries without a national family 
caregiving or medical leave policy, the majority of res-
taurant workers have no guaranteed paid or unpaid 
leave; 
Whereas in a survey of COVID impacts on the restaurant in-
dustry, 42 percent of respondents said that someone at 
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their workplace tested positive for COVID–19 and 68 
percent said that the virus impacted their workplaces 
with them or their coworkers testing positive, and one in 
ten restaurant workers went to work with COVID–19 
symptoms because of economic pressures; 
Whereas nearly 6 million restaurant workers lost their jobs 
in 2020, disproportionately impacting women and work-
ers of color; and 
Whereas unemployment in the restaurant industry in the 
United States was 41.8 percent in April 2020, at the 
height of the pandemic, which was more than twice the 
rate of unemployment in the private sector overall: Now, 
therefore, be it 
Resolved, That it is the sense of the House of Rep-
resentatives that— 
(1) it is the duty of the Federal Government to 
develop a restaurant workers’ bill of rights through 
transparent inclusive consultation, collaboration, and 
partnership with restaurant workers, including mem-
bers of frontline and vulnerable communities, labor 
unions, civil society groups, academia, and busi-
nesses to ensure that restaurant workers have— 
(A) the right to a thriving life by being 
paid a thriving wage, having access to safe, sta-
ble and sufficient housing and affordable 
childcare, and being economically secure in re-
tirement; 
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(B) the right to healing and rest by having 
paid time to recover from illness, care for fam-
ily members, and engage in life outside of work 
as well as consistent schedules that allow their 
families to thrive; 
(C) the right to a safe and dignified work 
environment by ensuring restaurant workers are 
safe from discrimination and harassment in the 
workplace; 
(D) the right to healthcare and bodily au-
tonomy by making certain that all restaurant 
workers have comprehensive, affordable and ac-
cessible health and reproductive care, protection 
against discrimination on the basis of gender 
identity, and protection against discrimination 
regarding hair texture or hairstyles associated 
with a particular race or national origin; and 
(E) the right to participation in govern-
ance by exercising their rights as citizens, vot-
ers, activists, and organizers at all levels of gov-
ernment and at our workplaces, free from pres-
sure and coercion from employers; 
(2) the right to a thriving life will be imple-
mented by— 
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(A) enacting a Federal law requiring all 
tipped and non-tipped restaurant workers to be 
paid a full thriving wage, which would eliminate 
the tip credit and prohibit employers from pay-
ing workers anything less than the full min-
imum wage, with tips on top; 
(B) exploring options to provide retirement 
benefits to all workers regardless of the type of 
employment or level of compensation the worker 
received through the course of their work his-
tory, including by expanding Social Security or 
establishing funded portable retirement ac-
counts; 
(C) exploring the viability of a Federal 
guaranteed basic income program; 
(D) ensuring enforcement of wage and 
hour regulations by— 
(i) providing a private right of action 
for affected workers in the restaurant in-
dustry; 
(ii) increasing Federal resources for 
investigation and enforcement of wage vio-
lations in the restaurant industry; 
(iii) engaging in strategic enforcement 
of the restaurant industry, which includes 
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conducting proactive, rather than reactive, 
investigations; 
(iv) developing sustained partnerships 
with worker centers, unions, legal advocacy 
organizations, and other community-based 
organizations that are embedded in res-
taurant worker communities to conduct in-
vestigations; 
(v) investing resources into informa-
tional campaigns to businesses and know 
your rights campaigns for workers; 
(vi) strengthening penalties and rem-
edies for wage violations in the restaurant 
industry and engaging in robust compli-
ance agreements with violators; and 
(vii) ensuring that employers are sub-
ject to penalties if they retaliate against 
restaurant workers who report wage viola-
tions; 
(E) modernizing and reforming Federal 
unemployment insurance laws to— 
(i) 
guarantee 
universal 
minimum 
standards for benefits eligibility, duration, 
and adequacy, with States free to enact 
more expansive benefits; 
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(ii) reform financing of Federal unem-
ployment insurance to eliminate incentives 
for States and employers to exclude work-
ers, reduce benefits, and contest valid 
claims; 
(iii) update eligibility standards to 
match the modern workforce, and guar-
antee benefits to underemployed and part 
time workers, and everyone looking for 
work but still jobless through no fault of 
their own, including workers engaged in 
caregiving; and 
(iv) enact a Federal requirement that 
all States provide at least 26 weeks of UI 
benefits, and use better measures of labor 
market distress to automatically extend 
and sustain benefits during downturns; 
(F) requiring that large companies and 
franchisors first offer rehiring opportunities to 
former employees, before hiring new employees, 
to stop employers from cutting costs by letting 
go of their experienced, higher-paid workers in 
favor of new, lower-paid workers; 
(G) eliminating at-will employment and en-
acting just cause termination policies that— 
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(i) require that employers have just 
cause for termination of employment; 
(ii) ensure that employers’ rules and 
regulations (those which if broken could 
cause termination) are standardized, just, 
reasonable, and are in place to make the 
workplace safe and legal; 
(iii) place the burden of proof that an 
employee is in violation of any such rule of 
regulation on the employer; 
(iv) ensure that employers thoroughly 
inform employees regarding fireable of-
fenses; 
(v) require that employers provide em-
ployees with ample notice regarding viola-
tions; 
(vi) ensure that employers carry out a 
thorough and just investigation when a 
worker is accused of a fireable offense; 
(vii) ensure that employees are not re-
taliated against by employers for exercising 
their right to contest termination in a judi-
cial or internal process; and 
(viii) ensure that traditionally ex-
cluded workers like domestic, agriculture, 
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and undocumented workers are included in 
any such policies; 
(H) enacting Federal policies to reduce the 
high rate of gender, race or national origin, sex-
ual orientation, and other forms of employment 
discrimination in the restaurant industry by, 
among other things— 
(i) improving enforcement of existing 
laws on employment discrimination and 
better funding the Federal agencies tasked 
with enforcing those laws; 
(ii) implementing and enforcing legis-
lation prohibiting discrimination based on 
a person’s hair texture or hairstyle if that 
style or texture is commonly associated 
with a particular race or national origin; 
(iii) mandating employers to train 
their employees so long as they employ 5 
or more employees anywhere, even if they 
do not work at the same location and even 
if not all of them work or reside in the 
same State; 
(iv) clarifying and enforcing Federal 
laws regarding independent contractors to 
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fight misclassification of employees in in-
dustries such as the on-demand economy; 
(v) eliminating the use of the ‘‘felony 
box’’ in job applications; 
(vi) enacting policies to eliminate cur-
rently existing gender and racial pay gaps 
and adding significant penalties for em-
ployers who refuse to comply; and 
(vii) establishing better mechanisms 
for workers to report discrimination with-
out fear of retaliation; and 
(I) 
investing 
in 
a 
robust, 
qualified 
childcare system that is accessible to all work-
ers, regardless of their ability to pay or their 
immigration status, by— 
(i) establishing free, quality federally 
funded training programs and advance-
ment opportunities for early educators; 
(ii) ensuring child care providers 
make a thriving wage to support them-
selves and their families and thrive; 
(iii) ensuring equal access to childcare 
for all parents and caretakers, not just 
birthing mothers; 
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(iv) ensuring a wide variety of funded 
options that meet caretakers’ diverse and 
unique needs; 
(v) expanding the funding and scope 
of the Maternal, Infant, and Early Child-
hood Home Visiting Program; and 
(vi) ensuring access to free, quality, 
nontraditional hour care, including night 
care; 
(3) the right to healing and rest will be imple-
mented by— 
(A) a Federal requirement that employers 
provide paid sick, family, medical and vacation 
leave to all restaurant workers regardless of 
their immigration status, implemented through 
the enactment of— 
(i) Federal legislation that guarantees 
all employees a minimum amount of paid 
family and medical leave, with continued 
health insurance coverage and meaningful 
wage replacement during leave, and with 
guaranteed job security and protection 
from retaliation upon the employee’s re-
turn from leave; 
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(ii) Federal legislation that entitles all 
workers to a minimum number of paid 
days of vacation; and 
(iii) Federal legislation that mandates 
a minimum number of hours of paid sick 
and safe leave per calendar year for per-
sonal and family care regardless of posi-
tion, tenure, and hours worked per week; 
and 
(B) a Federal requirement that busi-
nesses— 
(i) post employees’ work schedules at 
least two weeks in advance or not later 
than a certain number of days before their 
shift begins; 
(ii) ensure adequate rest between 
shifts; 
(iii) provide employees with additional 
pay when employers make last-minute 
schedule changes and for on-call shifts; 
(iv) allow employees to make sched-
uling requests or decline schedule changes 
without fear of retaliation; 
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(v) offer newly available hours to 
qualified existing staff before making new 
hires; and 
(vi) ensure that employees not be pe-
nalized or retaliated against for lawful ab-
sences under no-fault attendance policies; 
(4) the right to a safe and dignified work envi-
ronment will be implemented by— 
(A) taking steps to ensure workplace 
health and safety in the restaurant industry, in-
cluding by— 
(i) requiring employers, with input 
from employees, to develop, adopt, and dis-
tribute plans, which must at a minimum 
follow guidelines from the CDC and 
OSHA, to protect employees’ health and 
safety at work that must be activated when 
a Federal or State pandemic state of emer-
gency is declared; 
(ii) requiring employers to train all 
workers on hazards and the measures the 
employer has implemented in the work-
place to protect workers from dangers in-
cluding working with sharp knives, elec-
trical hazards, slippery and cluttered 
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floors, fire hazards and burns from cooking 
equipment and hot food, musculoskeletal 
disorders, dangerous cleaning and other 
chemicals, 
workplace 
violence, 
and 
COVID–19; 
(iii) requiring employers to permit em-
ployees at a worksite to establish a joint 
labor-management workplace safety com-
mittee where employee members can raise 
health and safety concerns, hazards, com-
plaints, and violations to the employer to 
which the employer must respond; 
(iv) improving enforcement of existing 
workplace safety laws and better funding 
the Federal agencies tasked with enforcing 
those laws; and 
(v) re-examining existing anti-retalia-
tion protections, lack of a worker’s private 
right of action, current standards, and 
penalties and sanctions for workplace safe-
ty violations and, if necessary, updating 
them to make sure they are effective; 
(B) enacting Federal policies to reduce the 
high rate of sex (including sexual orientation 
and gender identity) discrimination, racial dis-
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crimination, and other forms of employment 
discrimination in the restaurant industry by— 
(i) improving enforcement of existing 
laws on employment discrimination and 
better funding the Federal agencies tasked 
with enforcing those laws; 
(ii) clarifying and enforcing Federal 
laws regarding independent contractors to 
fight misclassification of employees in in-
dustries such as the on-demand economy; 
(iii) eliminating the use of the ‘‘felony 
box’’ in job applications by expanding the 
Federal ban the box law to private compa-
nies; 
(iv) enacting equal pay policies to 
eliminate currently existing gender and ra-
cial pay disparities and adding significant 
penalties for employers who refuse to com-
ply; 
(v) ensuring that employers treat 
part-time and full-time employees equally 
when they hold substantially similar jobs; 
and 
(vi) establishing better mechanisms 
for workers to report discrimination with-
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out fear of retaliation, especially for un-
documented workers, and ensuring that 
employers are subject to penalties if they 
retaliate against workers who report dis-
crimination; and 
(C) enacting Federal policies to ensure 
that all immigrant workers and their families 
currently in the United States have the oppor-
tunity to normalize their immigration status, 
whether by temporary authorization, lawful per-
manent status, or full citizenship, including im-
mediate eligibility to work and to access health 
care and other government programs and sup-
ports, as well as— 
(i) enacting H.R. 5227 (117th), the 
LIFT the BAR Act of 2021; and 
(ii) enacting H.R. 3149 (117th), the 
HEAL for Immigrant Families Act of 
2021; 
(5) the right to healthcare and bodily autonomy 
will be implemented by— 
(A) ensuring that all individuals living in 
the United States have equal access to com-
prehensive, quality, affordable health care, with-
out the threat of financial hardship, by— 
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(i) decoupling healthcare coverage 
from employment; and 
(ii) exploring moving toward a single- 
payer, Government-administered healthcare 
system which would cover all residents of 
the United States for all medically nec-
essary services, including doctor, hospital, 
preventive, long-term care, mental health, 
abortion care and other reproductive health 
care, gender-affirming care, dental, vision, 
prescription drug, and medical supply 
costs; 
(B) taking steps to protect access to repro-
ductive rights and health care for all workers in 
the United States, irrespective of race, socio-
economic status, employer, State of residency, 
immigration status, gender identity, and sexual 
orientation; and 
(C) enacting H.R. 2234 (117th), the 
EACH Act of 2021; 
(6) the right to participation in governance will 
be implemented by— 
(A) taking steps to preserve the right of 
workers to freely organize and bargain collec-
tively with employers, including by— 
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(i) eliminating the racist exclusions 
and barriers within the National Labor Re-
lations Act, providing full inclusion and the 
right to a union for all workers, includ-
ing— 
(I) reestablishing voluntary rec-
ognition of unions upon majority sup-
port; and 
(II) not holding a secret election 
and guaranteeing the ability of work-
ers to talk openly about unionization 
at work and union organizers to speak 
to workers openly; 
(ii) expanding national labor protec-
tions related to employees’ rights to orga-
nize, participate in unions, and collectively 
bargain in the workplace and pass the 
Richard L. Trumka Protecting the Right 
to Organize Act that— 
(I) would permit labor organiza-
tions to encourage participation of 
union members in strikes initiated by 
employees represented by a different 
labor organization; and 
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(II) prohibits employers from 
bringing claims against unions that 
conduct such secondary strikes; 
(iii) repealing the Labor Management 
Relations Act, 1947 (known as the ‘‘Taft- 
Hartley Act’’) and the amendments made 
by such Act; 
(iv) banning State and local ‘‘right-to- 
work’’ laws; 
(v) establishing strict and significant 
penalties when employers break laws in an 
effort to bust unions; and 
(vi) ending ‘‘captive audience’’ meet-
ings; and 
(B) protecting the right of all citizens to 
vote, and making voting as accessible as pos-
sible, especially for historically excluded commu-
nities, such as Black and Brown people, women, 
returning citizens, and those in poverty, by— 
(i) establishing universal registration 
and voting; 
(ii) implementing legislation requiring 
each State to permit any eligible individual 
on the day of a Federal election and on 
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any day when voting, including early vot-
ing, is permitted for a Federal election— 
(I) to register to vote in such 
election at the polling place using a 
form that meets the requirements 
under section 9(b) of the National 
Voter Registration Act of 1993 (or, if 
the individual is already registered to 
vote, to revise any of the individual’s 
voter registration information); and 
(II) to cast a vote in such elec-
tion; 
(iii) opposing laws and policies which 
seek to erect further barriers and make 
ballot access more difficult; and 
(iv) passing the Same Day Registra-
tion Act of 2023, the Freedom to Vote 
Act, and the John R. Lewis Voting Rights 
Advancement Act; and 
(7) a Restaurant Workers’ Bill of Rights must 
be developed through transparent and inclusive con-
sultation, collaboration, and partnership with res-
taurant workers, including members of frontline and 
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vulnerable communities, labor unions, civil society 
groups, academia, and businesses. 
Æ 
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