Following worker walk-outs, protests, and growing public anger over abusive working conditions at El Milagro tortilleria, the company now faces city and state investigations. Workers have filed with city and state agencies reporting that El Milagro violates multiple employment laws. Workers filed complaints with the Chicago Office of Labor Standards (OLS) and the Illinois Department of Labor. Long-time employee Martin Salas recently filed a complaint with the OLS reporting that El Milagro does not properly follow the Chicago Paid Sick Leave ordinance, or Fair Workweek ordinance. The complaint was filed on September 14, 2021. The Illinois One Day Rest in Seven Act (ODRISA) complaint was filed on October 14, 2021. Workers report that El Milagro unlawfully requires workers to bring in a doctor’s note or pharmacy receipt for taking a paid sick day, even if they stayed home to recover from the flu, exposure to COVID, or to care for a sick child, none of which would require going to the doctor. Workers are required to present their “evidence” to Human Resources the day they are able to return to work and have to ask permission to resume their regular shift. HR then decides if the worker is allowed to go back to work.
Olga Amados is one of several workers who have experienced problems with taking sick time at El Milagro, “They make us provide ‘evidence’ of being sick. I had to look in garbage cans to find a receipt from a pharmacy to prove that I bought some medicine in order to get paid by El Milagro when I took a sick day.”
Pedro Manzanares explains how the abusive El Milagro practice doesn’t truly allow workers to rest when they are ill, “When I’m sick and should be staying home resting, I have to go to the pharmacy and buy over the counter medicine just to make sure I can be paid for my sick time. El Milagro made me believe that I had to justify it with receipts when I needed a sick day.”
El Milagro worker Juana Olivares filed the ODRISA charge, “It really affects all of us who are working seven days a week. By the last day of the week we are so tired and frustrated because we don’t have a single day off. We have been asking for this for years.”
Late Wednesday afternoon, El Milagro production workers announced that the company will end its illegal 7-day workweek. In ten days, workers will now have Sundays off.