Black men oppressed by restaurant managers from 2009 to 2014 should have received more money after the captors pleaded guilty, according to the South Carolina Court of Appeals.
In 2019, John “Jack” Christopher SmithWhich represented the minimum wage and overtime he was not properly paid while working at J&J Cafeteria in Conway, South Carolina.
Smith, with intellectual disabilities and IQ 70, was forced to work more than 100 free hours a week from Bobby Edwards, who took over J&J Cafeteria in 2009.
Smith has worked at a restaurant as a dishwasher since 1990, but when Edward took over, he began to take advantage of Smith, forcing him to work. It benefits from Jack’s intellectual disability and leaves Jack separated from his family, threatening to arrest him and verbally harm him, ”according to court documents,“ his control over Jack was also involved in assault. ”
In 2019, Edward pleaded guilty to one counts of forced labor and the district court sentenced to 120 months in prison. Lydon said US Attorney Edwards. “Daily punishment” for stealing “victim’s freedom and wages”
“The US Attorney’s Office will not tolerate forced or exploited labor in South Carolina, and we would like to thank our vigilant citizens and our partners for enforcing laws that halt violent violence. Especially this one, ”said Lydon.
Edward was also ordered to pay nearly $ 273,000 in restitution to Smith, but the government asked for an additional $ 272,952.96 in the form of compensation. However, the district court rejected that request.
Now, the fourth Circuit Court of Appeals said the previous restitution did not take into account federal labor laws granting Smith up to $ 546,000.
The court said that when the employer did not pay, the employee suffered losses, including “Wasting that money during a delay”
Therefore, to fully compensate for Smith additional losses, the amount of his reparations should be doubled, the court recommended. The appeals court has canceled the district court’s indemnity award and is asking for a recalculation.