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Worker Enslaved At SC Restaurant For 5 years

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Genivaria
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Worker Enslaved At SC Restaurant For 5 years

Postby Genivaria » Sat May 01, 2021 2:29 pm

Worker enslaved at SC restaurant should get $546,000 from manager, court rules

CONWAY — A former Conway restaurant manager serving a 10-year prison sentence for forcing a man with intellectual disabilities to work more than 100 hours a week without pay owes the former employee double the amount in restitution — $546,000, a court ruled.

Bobby Paul Edwards was ordered to pay John Christopher Smith $273,000 in back pay as part of the sentencing in pleading guilty to a forced labor charge in 2019.

But the 4th Circuit Court of Appeals ruled this month that Smith should get the extra money because of federal labor rules that entitle him to double the pay and overtime he was owed. The final decision about how much to pay Smith was sent back to the district court.

Edwards, who is White, pleaded guilty for not paying Smith, who is Black, any wages from 2009 to 2014 while Edwards managed the J&J Cafeteria in Conway.

Years of abuse at the restaurant started in 2009 when Edwards started managing the restaurant where Smith had been a buffet cook, authorities said. Smith had worked there since he was 12.

Edwards stopped paying Smith, forced him to work seven days a week, and subjected him to racial epithets and threats, prosecutors said.

Authorities alleged Edwards also assaulted Smith to get him to work faster and punish him for mistakes. Prosecutors said Edwards beat Smith with a belt, punched him, hit him with pots and pans, and burned his neck with hot tongs.

Social workers caught wind of the abuse in 2014, and authorities arrested Edwards on a state charge of assault and battery.

At the time of his sentencing in November 2019, Edwards was ordered to pay restitution in the amount of $273,000, representing unpaid wages and overtime computed under the federal Fair Labor Standards Act.

Federal prosecutors appealed the restitution decision, arguing Smith was owed more because of the delay in getting his pay under federal labor laws.

The appellate court agreed.

″(W)hen an employer fails to pay those amounts (regular and overtime pay), the employee suffers losses, which includes the loss of the use of that money during the period of delay,” the appeal ruling reads.

Emily Deck Harrill, Edward’s public defender, said she has not spoken to her client about an appeal to the U.S. Supreme Court.

This. This is utterly sickening.
A food service worker had been beaten, burned, abused, and forced to work without pay for 100 hour per week, for a period of FIVE YEARS.

How did this go on for so long? Why is this sort of thing even possible in the first place!?
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Greater Cesnica
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Postby Greater Cesnica » Sat May 01, 2021 2:34 pm

Under capitalism such abuses are inevitable, unfortunately. I'm sure there are numerous others who are suffering the same plight as the victim in this case right now.

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Greater Cosmicium
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Postby Greater Cosmicium » Sat May 01, 2021 2:34 pm

Genivaria wrote:How did this go on for so long? Why is this sort of thing even possible in the first place!?


Welcome to America, where slavery is okay if it's a punishment for arbitrary crimes.

And it's all because of a loophole in the 13th Amendment:
Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.
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Greater Cesnica
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Postby Greater Cesnica » Sat May 01, 2021 2:35 pm

Greater Cosmicium wrote:
Genivaria wrote:How did this go on for so long? Why is this sort of thing even possible in the first place!?


Welcome to America, where slavery is okay if it's a punishment for arbitrary crimes.

Literally constitutionally enshrined. This isn't, but such abuses may as well be due to the scale of exploitation we see in the U.S.

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Saiwania
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Postby Saiwania » Sat May 01, 2021 2:48 pm

I'm perhaps skeptical this even happened. I doubt it was over 100 hours of work each week. If we're talking 16 to 17 hour days, which is more or less the maximum that can be extracted out of a person before they have to sleep, the math still fails to break 100 hours until the 6th or 7th day.

They'd need to practically have lived at their workplace and still not rebel or quit even with the schedule and new arrangement, which was pretty relentless if there was nearly no time for themself every single day for over a decade. I know they surely had an hour or so to clean up or to eat and etc.

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Galloism
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Postby Galloism » Sat May 01, 2021 2:49 pm

Saiwania wrote:I'm perhaps skeptical this even happened. I doubt it was over 100 hours of work each week. If we're talking 16 to 17 hour days, which is more or less the maximum that can be extracted out of a person before they have to sleep, the math still fails to break 100 hours until the 6th or 7th day.

They'd need to practically have lived at their workplace and still not rebel or quit even with the schedule and new arrangement, which was pretty relentless if there was nearly no time for themself every single day for over a decade. I know they surely had an hour or so to clean up or to eat and etc.

Developmentally disabled.

The court can use averages based on information known to the court and extrapolate those averages on a reasonable basis. The timekeeping doesn't have to be "exact" for damages to be awarded, so long as it has sufficient basis.

EDIT: It's also worth note that being "available to work" is the same as "working", so if he was allowed to eat lunch, but had to stop eating at any time to serve a customer or whatnot, then he's still working while he's eating.
Last edited by Galloism on Sat May 01, 2021 2:50 pm, edited 1 time in total.
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The Reformed American Republic
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Postby The Reformed American Republic » Sat May 01, 2021 3:14 pm

To be honest, slavery should be a capital offense.
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Postby Arisyan » Sat May 01, 2021 3:18 pm

I swear to god I thought this was some F7 or Nationstates RP thread for a second, then I read the OP.

It's honestly disgusting and appalling that this went on for not 1, not 2 but 5 years! This should be a national, or at least a state, disgrace. I am glad that his boss was arrested.
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Postby Grenartia » Sat May 01, 2021 3:18 pm

Greater Cesnica wrote:Under capitalism such abuses are inevitable, unfortunately. I'm sure there are numerous others who are suffering the same plight as the victim in this case right now.


Pretty much.
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Postby Ostroeuropa » Sat May 01, 2021 3:19 pm

The Reformed American Republic wrote:To be honest, slavery should be a capital offense.


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Lady Victory
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Postby Lady Victory » Sat May 01, 2021 3:31 pm

Absolutely vile.
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The Two Jerseys
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Postby The Two Jerseys » Sat May 01, 2021 3:37 pm

I don't know why the article feels the need to mention the race of everyone involved when race had nothing to do with it.
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Lady Victory
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Postby Lady Victory » Sat May 01, 2021 3:49 pm

The Two Jerseys wrote:I don't know why the article feels the need to mention the race of everyone involved when race had nothing to do with it.


You know this for a fact?
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The Derpy Democratic Republic Of Herp
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Postby The Derpy Democratic Republic Of Herp » Sat May 01, 2021 3:49 pm

Shit like this is why I'm moving away from liberalism to social democracy. This and the abuse of the workers of CD project red while the board members rake in major bonuses.


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Postby Tocan Isle » Sat May 01, 2021 3:51 pm

The Two Jerseys wrote:I don't know why the article feels the need to mention the race of everyone involved when race had nothing to do with it.

Sure, out of context, it had nothing to do with it. But slavery in the US and other countries were literally all about race. Based on the historical context of slavery in the US, it’s apparent that race has quite a bit to do with it.
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The Derpy Democratic Republic Of Herp
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Postby The Derpy Democratic Republic Of Herp » Sat May 01, 2021 3:52 pm

The Two Jerseys wrote:I don't know why the article feels the need to mention the race of everyone involved when race had nothing to do with it.


Eh, this criticism is more shooting the messenger then reacting to the message.

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Lady Victory
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Postby Lady Victory » Sat May 01, 2021 3:53 pm

The Derpy Democratic Republic Of Herp wrote:Shit like this is why I'm moving away from liberalism to social democracy. This and the abuse of the workers of CD project red while the board members rake in major bonuses.


This mothers day, give your love to your mom and Mother Anarchy. She loves her sons.


Wtf does liberalism have to do with anything? And you know you can be a Social Democrat and a Liberal at the same time, right? They're not contradictory views.
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The Two Jerseys
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Postby The Two Jerseys » Sat May 01, 2021 3:53 pm

Lady Victory wrote:
The Two Jerseys wrote:I don't know why the article feels the need to mention the race of everyone involved when race had nothing to do with it.


You know this for a fact?

You're right, clearly this guy was targeted for being black and not for not being smart enough to realize that he was being illegally exploited...
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The Derpy Democratic Republic Of Herp
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Postby The Derpy Democratic Republic Of Herp » Sat May 01, 2021 3:54 pm

Oh and fucking over someone who has mental disability's to work that long?

This is very evil.

Lady Victory wrote:
The Derpy Democratic Republic Of Herp wrote:Shit like this is why I'm moving away from liberalism to social democracy. This and the abuse of the workers of CD project red while the board members rake in major bonuses.


This mothers day, give your love to your mom and Mother Anarchy. She loves her sons.


Wtf does liberalism have to do with anything? And you know you can be a Social Democrat and a Liberal at the same time, right? They're not contradictory views.


Eh, your right. Sorry.

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Lady Victory
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Postby Lady Victory » Sat May 01, 2021 3:55 pm

The Two Jerseys wrote:
Lady Victory wrote:
You know this for a fact?

You're right, clearly this guy was targeted for being black and not for not being smart enough to realize that he was being illegally exploited...


You presume the two are mutually exclusive.
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Engadine Mcdonalds 1997
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Postby Engadine Mcdonalds 1997 » Sat May 01, 2021 3:55 pm

Absolutely disgusting that this happened, I mean 5 whole years of being basically a slave at a restaurant? Ridiculous that it took 5 years for people to find out and bring it up to the authorities
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Postby The Two Jerseys » Sat May 01, 2021 3:57 pm

Lady Victory wrote:
The Two Jerseys wrote:You're right, clearly this guy was targeted for being black and not for not being smart enough to realize that he was being illegally exploited...


You presume the two are mutually exclusive.

Somehow I doubt that this guy would've given Forrest Gump a pass just for being white.
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Lady Victory
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Postby Lady Victory » Sat May 01, 2021 4:01 pm

The Two Jerseys wrote:
Lady Victory wrote:
You presume the two are mutually exclusive.

Somehow I doubt that this guy would've given Forrest Gump a pass just for being white.


Maybe, maybe not.

But fact is it was a white man who enslaved a black man in a state that seceded from the Union in order to preserve the white enslavement of black Americans as part of a larger secession movement in that region of the U.S. where racism still is a very big problem makes it a legitimate possibility that maybe - just maybe - race was a factor here.
Last edited by Lady Victory on Sat May 01, 2021 4:01 pm, edited 1 time in total.
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Xmara
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Postby Xmara » Sat May 01, 2021 4:04 pm

Genivaria wrote:How did this go on for so long? Why is this sort of thing even possible in the first place!?

Because some people think they can take advantage of disabled people (especially those with intellectual disabilities) because they think the person won’t know any better. Same reason scammers often target elderly people (especially those with Alzheimer’s).

It’s awful that anyone would do that.
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Side 3
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Postby Side 3 » Sat May 01, 2021 4:05 pm

Five years? The other employees who just stood back and watched as this happened are just as guilty as the boss. The whole lot of them should be thrown in prison for what they did to that man.

Greater Cesnica wrote:Under capitalism such abuses are inevitable


And of course the great minds of NSG hop on to this man's plight to broadcast their politics. Please, tell me how forced slavery is somehow inevitable under capitalism, but not other systems.
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