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Hundreds Call for Boycott of Calavera Restaurant After Alleged Labor Abuse

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Hundreds of restaurant workers and community members are calling for a boycott of Calavera, a Mexican restaurant in downtown Oakland, after several kitchen workers were fired from a job they say was riddled with abuse and wage theft. 

 

Flor Crisostomo, originally from Oaxaca, Mexico, and four other colleagues have filed a class-action lawsuit against the restaurant’s owners Christopher Pastena and Michael Iglesias for repeatedly violating labor laws.

 

According to the former employees, the employers did not pay minimum wage, failed to compensate the employees for overtime work and did not provide legally required time for breaks and lunch.

 

“When we worked there, they started firing workers by text message or they’d just take them off the schedule without saying anything,” said Crisostomo in an interview with the Post. “Some of us would work for 12 or 14 hours straight with no break, and we didn’t know our rights.”

 

Crisostomo also says the owners used her to appropriate traditional recipes of Oaxacan food—such as tamales and moles—which she knows because she is indigenous to the Mexican region.

 

Flor Crisostomo. Photo courtesy of Brooke Anderson Photography.

Flor Crisostomo. Photo courtesy of Brooke Anderson Photography.

 

For Crisostomo, the experience has led her and several other restaurant workers to call for community action in educating immigrant workers of their labor rights and revealing to customers the conditions that those working in kitchens often face.

 

After being fired from Calavera, the workers formed the Bay Area Restaurant Workers Movement (BARWM) to bring attention to local labor rights.

 

According to a statement released by Calavera’s management to the Post, the restaurant has files contradicting the former workers’ claims that they were not paid minimum wage, given payment for overtime or made breaks mandatory.

 

“We value all of our employees at Calavera and work hard to maintain a healthy and supportive work environment, as is evidenced in the positive support we’ve had from the Calavera staff,” according to the statement.

 

It continues to say that the restaurant’s ownership and management is a multi-cultural group with longtime roots in Oakland.

 

During last week’s First Friday, over 100 people picketed outside Calavera, rallying for the former employees and calling for reparations for the wage theft and abuse they say they faced as immigrant workers and enlightening potential customers of their experiences.

 

“Undocumented workers are the most likely to be exploited due to the fact they have little knowledge of labor laws in the states that they’re employed in,” said Shonda Roberts of the Oakland Livable Wage Assembly.

 

“A lot of our sisters and brothers who are undocumented also don’t speak up against abuse because they’re afraid of retaliation and being fired,” Roberts said.

 

According to BARWM, workers’ legal rights include a 10-minute break after four hours of work, a lunch break after five and a half hours of work, a minimum wage of $12.55 an hour and paid sick days after 90 days of work.

 

“The majority of kitchen workers are people of color, and Oakland earns the fifth highest revenue for restaurants in the country,” said Crisostomo. “We are calling on the Oakland community to help us build a conscious movement for justice.”

 

“I understand the conditions many of my colleagues work under, in fear of being fired if they stand up for their rights,” she said. “But the violation of our rights will continue to happen unless we do something about it.”

 

Bay Area

Alameda County Judge Blasts Defendants Over Delay in West Oakland Fire Trial

Judge Kimberly Lowell excoriated the RadiusRecycling/SchnitzerSteel defendants in court for causing delays in prosecuting this case. Since the defendants first appeared in court on July 23, they have obtained three extensions of the arraignment date.

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Criminal charges announced this week are related to the August 2023 scrap metal fire at Radius Recycling Inc., formerly Schnitzer Steel. Photo courtesy of Oaklandside.
Criminal charges announced this week are related to the August 2023 scrap metal fire at Radius Recycling Inc., formerly Schnitzer Steel. Photo courtesy of Oaklandside.

Special to The Post

District Attorney Pamela Price announced that a hearing was held on October 30 in the criminal prosecution of the Radius Recycling/Schnitzer Steel involving a fire at the West Oakland facility on Aug. 9-10, 2023.

The Alameda County criminal Grand Jury indicted radius Recycling and two of its corporate managers in June 2024.

Judge Kimberly Lowell excoriated the RadiusRecycling/SchnitzerSteel defendants in court for causing delays in prosecuting this case. Since the defendants first appeared in court on July 23, they have obtained three extensions of the arraignment date.

The court clarified that the defendants will not receive more extensions on their arraignment and plea.

Alameda County District Attorney Pamela Price agreed with the court that defendants should not get preferential treatment. Price and her team appreciated the court for clarifying that future delays by Radius will not be tolerated.

The Bay Area Air Quality Management District’s (BAAQMD) public data shows that during and after the fire, the smoke plume traveled across Alameda County with high levels of PM 2.5 (Particulate Matter less than 2.5 microns in diameter) detected around Laney College in Oakland, Livermore, Pleasanton, and West Oakland.

PM2.5 is particularly harmful to infants and children, the elderly, and people with asthma or heart disease.

“This fire posed a great health hazard to the people of Alameda County,” said Price. “High, short-term exposures to a toxic smoke plume have been shown to cause significant danger to human health.

“Additionally, in this case, Oakland firefighters battled the blaze under extremely dangerous conditions for 15 hours with assistance from a San Francisco Fire Department fireboat and a fireboat from the City of Alameda Fire Department,” Price observed.

The team prosecuting the case from the DA’s Consumer Justice Bureau looks forward to resolving any future motions and having the defendants arraigned in court on Dec. 9.

The media relations office of the Alameda County District Attorney’s office is the source of this report.

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Alameda County

D.A. Price Charges Coliseum Flea Market Vendors in Organized Retail Theft Case

The charges against Octavio Ambriz Valle, 52, Devora Ambriz Valle, 49, and Felipe Del Toro Trejo, 54, include multiple felony counts of possessing stolen property and organized retail theft in concert. It is alleged that the trio of vendors possessed stolen property valued at $348,466 from nine different retailers, including Kohl’s, Macy’s, PetSmart, Sephora, Sunglass Hut, TJX, Target, Walgreens, and Walmart.

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Alameda County courthouse. Courtesy photo.
Alameda County Courthouse File photo.

Special to The Post

Alameda County District Attorney Pamela Price announced today that her office charged three people in connection with multiple organized retail theft crimes stemming from a sophisticated criminal enterprise operating at the Oakland Coliseum Flea Market from March 26, 2023, through April 17, 2024.

The charges against Octavio Ambriz Valle, 52, Devora Ambriz Valle, 49, and Felipe Del Toro Trejo, 54, include multiple felony counts of possessing stolen property and organized retail theft in concert.

It is alleged that the trio of vendors possessed stolen property valued at $348,466 from nine different retailers, including Kohl’s, Macy’s, PetSmart, Sephora, Sunglass Hut, TJX, Target, Walgreens, and Walmart.

Last year, the District Attorney’s Office successfully competed and received a $2 million grant from the California Department of Justice to combat organized retail theft. Price added another $2 million to bolster the Organized Retail Crime Alameda (ORCA) unit which is fully operational and collaborating with numerous law enforcement agencies.

“For over a year, this enterprise supported criminal networks by requesting and buying specific products from brazen boosters who repeatedly terrorized retailers,” said Price. “I want to acknowledge our Organized Retail Crime Alameda (ORCA) Vertical Prosecution Unit for its great work and the role they played in this multi-jurisdiction investigation, which included the California Highway Patrol Golden Gate Division Organized Retail Crime Task Force, the San Mateo County Sheriff’s Office, and San Ramon Police Department.”

If convicted and sentenced on all charges, Octavio Ambriz Valle faces a maximum sentence of nine years in County jail; Devora Ambriz Valle faces a maximum sentence of five years in County jail; and Felipe Del Toro Trejo faces a maximum sentence of three years and eight months in County jail.

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Activism

Fights Narrowly Break Out at Business Strike Press Conference at Oakland City Hall

Recall supporters called for a one-day business strike for the second year in a row to demand that the city do more to ensure public safety is a priority and that business owners are not plagued by the ongoing retail crime. Less than five minutes into the press conference, opponents of the recall began yelling at the recall supporters. This caused many recall volunteers to become upset with the “hecklers.”

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Supporters of the recalls against Oakland Mayor Sheng Thao and Alameda County District Attorney Pamela Price, along with local political candidates and business owners, at a press conference outside Oakland City Hall. Speakers called for a city-wide, one-day business strike to protest against threats to public safety. Photo by Magaly Muñoz.
Supporters of the recalls against Oakland Mayor Sheng Thao and Alameda County District Attorney Pamela Price, along with local political candidates and business owners, at a press conference outside Oakland City Hall. Speakers called for a city-wide, one-day business strike to protest against threats to public safety. Photo by Magaly Muñoz.

By Magaly Muñoz

What was intended to be a press conference for a planned city-wide business strike turned into two separate altercations between supporters and opponents of the recall of Oakland Mayor Sheng Thao and Alameda District Attorney Pamela Price in front of Oakland City Hall.

Recall supporters called for a one-day business strike for the second year in a row to demand that the city do more to ensure public safety is a priority and that business owners are not plagued by the ongoing retail crime.

Less than five minutes into the press conference, opponents of the recall began yelling at the recall supporters. This caused many recall volunteers to become upset with the “hecklers.”

One recall volunteer confronted the Thao supporters and attempted to physically intimidate them while also screaming obscenities in their faces. After several moments, the volunteer was pulled away from the Thao supporters and returned to the conference.

Soon after that incident, Ray Bobbitt, founder of the African American Sports and Entertainment Group (AASEG) that now owns the Oakland Coliseum, walked up to the rally and attempted to take the microphone from Seneca Scott, leader of the Thao recall efforts. The situation soon escalated as Scott pushed Bobbitt away.

Scott has made several comments at press conferences and on social media that the Coliseum sale deal is a fraud and that AASEG will not provide the city with the promised multi-million dollar funds. Bobbitt told the Post that he is tired of Scott “being a bully” and only wanted to talk through whatever issues Scott had with AASEG.

When Bobbitt asked Scott to talk privately, Scott responded with a threatening remark. Bobbitt soon left the scene after several people talked him down.

“We really need to abandon the toxicity. I’m here to bring our community together, not divide it,” Bobbitt told the Post.

Back with the recall group and business owners, speakers said that businesses are scared to file police reports because Oakland officers “don’t care anymore” and are scared that their insurance rates will increase.

“We’re here today because the last blood of our city is leaking out with no tourniquet. Cities run on commerce. The only reason for a city is commerce. Failure to protect commerce leads to a dying city,” Scott said.

Several businesses in the last year have closed down, such as In-N-Out Burger and Denny’s on the Hegenberger corridor, citing public safety concerns. Local businesses have also left because of break-ins, homelessness, and overall lack of security.

At the time of last year’s business strike, crime was up 26% from the year before, according to Oakland police data. Rumors of a Thao recall were also building around this event.

Crime today is down 37%, according to the same data. This point has been used heavily in Thao’s attempt to rally support against the recall against her.

Speakers at the Tuesday press conference said some owners were sleeping at their businesses for fear of people breaking in to steal from them or vandalize their locations.

“The only things that are not locked up in the stores are criminals,” one speaker said.

Rally organizers claimed that over 200 businesses were participating in the strike. But when the Post asked recall organizers if they could provide a list of all the participants, the request was denied.

“This is an example of the sort of chaos the recall campaign seeks to create in Oakland. This is the last minute last ditch stunt of a coal investor funded campaign that has realized that Oakland residents are going to say NO to the $10 million price tag, the chaos and the division their campaign represents,” a Thao supporter spokesperson said ahead of the business strike.

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