Photo via Swahili Village
WASHINGTON - D.C. Attorney General Brian Schwalb announced Tuesday that Swahili Village DC and its owner, Kevin Onyona, will pay $526,973 to restaurant workers and the District to resolve a 2023 wage theft 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, violating multiple D.C. labor laws.
Under the settlement terms, Swahili Village DC and Onyona must pay over $260,000 to 72 restaurant workers, fund the distribution of 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," said Attorney General Schwalb. "Employers that do so are not only exploiting their workers but are gaining an unfair advantage over their competitors who play by the rules. This is a significant win for dozens of Swahili Village workers who were mistreated and continues our office’s commitment to combatting wage theft in the District of Columbia."
Photo via Swahili Village
Signe King, a former bartender who worked at Swahili Village from 2019 to 2022, described her struggles to FOX 5:
"We never got to see our paystubs. There was not a time where we were able to track how much we actually made. They took all of our cash tips because they wanted us to split them all. But it was never an actual even split," she said. "When we did question things like that, you were facing retaliation, or you weren't going to be put on the schedule because you asked a question. It wasn’t the best experience there."
King emphasized the difficulties faced by service workers: "I know how hard it is for service workers. First, we already don’t get minimum wage. We rely on our tips! It’s good that it’s finally being brought to light."
"A lot of the backhouse workers and bussers were immigrants. I know that they were able to manipulate them way easier and get over on people because of the language barrier," she added. "I want them to know that a lot of the things they do in the dark will come to light. You can’t continue to do corrupt business – like it’s not going to get found out."
Graham Lake from the Office of the Attorney General explained the origins of the case to FOX 5.
"This matter began when a concerned resident contacted our office," he said.
In 2023, after a thorough investigation, OAG filed suit against Swahili Village DC, Onyona, and Emad Shoeb, alleging they engaged in an egregious pattern of wage theft.
The lawsuit claimed the defendants paid many workers far below minimum wage, often as little as $5 per hour, failed to pay overtime, did not distribute tips properly, and neglected to provide legally required paid sick leave.
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DC restaurants slammed with wage theft fines
Some D.C. restaurants have been fined upwards of $100,000 for failing to pay employees correctly.
The suit cited violations of several D.C. laws, including the Minimum Wage Revision Act and the Sick and Safe Leave Act.
"Ultimately, it’s going to cost their businesses more than they think they are gaining, and they should do right by their workers and treat them with dignity and abide by the rules," Lake noted. "Once the settlement became public, there’s been an outpouring. It struck a chord with people who read about it. We are receiving a lot of tips, and I think that’s a good sign. It shows that there is a widespread problem."
The settlement requires Swahili Village DC and Onyona to change their practices and report on compliance for three years, ensuring adherence to all District wage and hour laws.
As part of the settlement, Swahili Village and Onyona must also cover the costs of a claims administrator selected by the District to locate and notify eligible workers and distribute the owed funds.
In a statement, the fine-dining African restaurant said, "Swahili Village is pleased to report that it has reached a no-fault settlement agreement with the District of Columbia. This agreement ensures business continuity and solidifies our ongoing commitment to serving our customers with excellence while ensuring the best interests of our staff and other stakeholders remain paramount.
On August 22, 2023, the District filed a complaint relating to certain labor practices. The period under dispute was during the COVID-19 public health emergency, an unprecedented time that challenged restaurant operational systems globally.
Our D.C. location, which opened just weeks before the COVID-19 public health emergency faced unprecedented challenges as the city shut down on March 11, 2020. Being a newly opened establishment, Swahili Village did not qualify for any government assistance during the pandemic. Despite these hardships, many of our workers volunteered to help keep the business running, demonstrating their dedication and commitment.
"While in no way admitting wrongdoing, we welcome the end of the matter and confirm we will adhere strictly to the agreement. We insist our workers are allowed to be part of our growth story. Our staff is critical to our success, and their well-being is our priority," says Kevin Onyana, founder of the Swahili Village authentic chain of restaurants.
During the public health emergency, Swahili Village supported the community by feeding first responders, including firemen, police, EMS, nurses, and doctors. Our commitment to service has always extended beyond our restaurant doors, emphasizing our role in the community. This is an enduring commitment that continues to be part of who we are and how we do business."