Ninety percent of restaurant workers are not offered health insurance or sick days. That’s according to restaurant worker advocacy organization Restaurant Opportunities Centers United. In 2008 the average earnings for workers in the industry were less than $13,000. Two thousand five hundred workers were surveyed in five cities and 38 percent said they are forced to work off the clock.  The federal minimum wage for wait staff has remained at $2.13 per hour since 1991.