Centers Help Day Laborers Get a Hand and Get Paid

Centers Help Day Laborers Get a Hand and Get Paid

By KARI LYDERSEN and BRIDGET O’SHEA | Aug 24, 2011 | Source: ChicagoNewsCoop.org

 

Centers Help Day Laborers Get a Hand and Get Paid

Day laborers talk with a potential employer at a gas station at Belmont and Milwaukee avenues at 8 a.m., July 25, 2011. Image Credit: Paul Beaty

Every morning, rain or shine, Miguel used to head for the corner of Belmont and Milwaukee avenues and wait at an informal gathering spot of day laborers near a BP gas station in hopes he would be hired to set tile, pour concrete or lay sod.After the job, sometimes he would be paid as promised but often he was not–a daily risk for the thousands of workers like Miguel who are hired off street corners by contractors or homeowners who need help with construction or landscaping.Today Miguel, 48, still makes a living doing temporary construction work. But instead of braving cold temperatures or stifling heat at a busy intersection, he meets employers at a storefront office of the Albany Park Workers Center at Bryn Mawr and Kimball avenues.

He starts each job with a contract spelling out his pay and working conditions that a lawyer at the center will help him enforce, if necessary.

“Here we have a roof over our head, we have coffee,” said Miguel who moved to Chicago from Mexico 16 years ago. “And a contract is signed so we know we will get paid.” Workers’ last names are withheld in this article because some are undocumented immigrants.

The Albany Park Workers Center is one of about 40 throughout the nation set up in an effort to reform the day labor industry. The center, which opened in 2004, was founded and is run by the Latino Union, a group created in 2000 by immigrant women working at temporary staffing agencies that grew into a larger workers rights and immigrants rights non-profit organization.

Some local business owners and residents oppose the workers centers, arguing they facilitate the hiring of people in the U.S. illegally and encourage illegal immigration. Laborers gathering on street corners also have caused local controversies, with some neighbors complaining they block traffic and sometimes make women passersby feel uncomfortable.

Without a workers center, undocumented laborers can be vulnerable to unscrupulous employers. A 2006 study by the University of Illinois at Chicago and the University of California Los Angeles found that two thirds of day laborers surveyed in the Midwest, including Chicago, had not been paid wages due them in the past two months, and 27 percent had been threatened with violence by employers.

Nationally, almost half of the day laborers told researchers they had been denied food or water breaks and the vast majority reported being hurt on the job or left at faraway work sites without transportation home.

The Latino Union set up the storefront office in Albany Park to combat the abuses and convince day laborers at street corners around the city to get jobs through workers centers instead of on their own.

Eric Rodriguez, the Latino Union’s executive director, said most street corners have informal networks and leaders who typically agree on a base wage. At the corner of Milwaukee and Belmont, for example, he said it’s $12 an hour, higher than the $8.25 an hour Illinois minimum wage.

But he said it is difficult to enforce the agreements when someone drives up looking for workers and is surrounded by men jockeying for a job.

At a workers center, there’s little jostling or bargaining for work. The center’s staff doesn’t ask day laborers about their immigration status, although it is widely understood that many are undocumented. Patricio Ordonez, a former day laborer turned Albany Park job coordinator, uses a lottery system to assign men to jobs and then negotiates their contract.

“The current broken immigration laws give predatory employers an advantage,” said Chris Newman, legal director for the National Day Laborer Organizing Network. Mr. Newman said undocumented immigrants are reluctant to speak up if employers abuse them, but workers centers and their lawyers are not.

Mr. Rodriguez often visits other street corners and passes out pamphlets on workers rights and safety. At the Albany Park center, day laborers can take advantage of English language classes and free works on construction skills such as plumbing and other topics. The center also hosts barbecues and soccer tournaments where workers from different street corners compete and then talk about improving working conditions for day laborers.

As it has for other occupations, the poor economy is hurting day laborers, who face increased competition for jobs, Mr. Rodriguez said.

And the anti-immigrant sentiment that often intensifies in hard economic times is evident in legislation being considered in the United States Congress. Representative Lamar Smith, Republican of Texas, has introduced a bill that would force workers centers to close or greatly alter their practices. The proposed Legal Workforce Act would mandate that all employers, including workers centers, use the government’s E-Verify electronic system to validate employees’ Social Security numbers.

Most legislative experts don’t expect the bill to become law, as it probably would not pass the Senate.

In assessing the intended impact of the bill, Tyler Moran, policy director for the National Immigration Law Center, said she didn’t think it would accomplish its goal of forcing day laborers to return to their native lands. “For the day laborers who are undocumented,” Ms. Moran said, “it’s not going to send them back home. It’s just going to move them from on-the-books to off-the-books.”

In other words, back to a street corner.

Closure of Glendale center hurts day laborers

Closure of Glendale center hurts day laborers

By Susan Abram, Staff Writer | Posted: 07/22/2011 09:20:50 PM PDT | Source: DailyNews.com

 

Closure of Glendale center hurts day laborers

Day laborers hang out on Harvard Street west of San Fernando Road outside the Home Depot in Glendale on July 20, try 2011. A day-labor center at the location has been closed due to budget cuts. (John McCoy/Staff Photographer)

The day-labor center built alongside the railroad tracks on San Fernando Road in Glendale was a modest structure, where vines of honeysuckle dangled over a fence and men and women gathered daily.

There was a restroom and picnic tables and nice people who came by and taught English or offered basic medical care.

For Miguel Nunez and the nearly 100 other day laborers and housekeepers who frequented the site each morning, the center meant protection from exploitive employers.

It also meant the crowds of day laborers stayed away from Home Depot and other unofficial gathering spots that often disturbed customers and neighbors.

 

Closure of Glendale center hurts day laborers

Miguel Nunez hangs out near the parking lot at Home Depot at the intersection of Harvard Street and San Fernando Road in Glendale on July 20, 2011. The Temporary Skilled Worker Center accross the street has been closed due to budget cuts. (John McCoy/Staff Photographer)

But the center closed last month, one of several Los Angeles area sites that have shut down recently because of the bad economy.Now, Nunez and dozens of other day laborers wait outside the Home Depot – across the street from the shuttered center – hoping to be paid fair wages for the manual work they’re hired to do.

“An employer will tell you they’ll give you $15 an hour, then after you’ve worked all day, they’ll pay you $40 and say, `That’s all I have,”‘ said Nunez, who has been a day laborer for 17 of his 46 years.

“Sometimes, they just don’t pay at all,” he said.

Opened in 1997 in response to complaints about day laborers lingering on corners or running toward construction trucks, the Glendale labor center was regarded as one of the nation’s most innovative. Officials came from as far as New York and New Jersey to see how it worked.

Catholic Charities operated the center, where day laborers congregated and employers negotiated wages.

In its first few years, it was funded by Community Development Block Grants and federal funds, then later by the city of Glendale. It closed on June 30, one of three shut down recently in Los Angeles.

“The whole purpose of the day laborer site was so we could improve the quality of life in the area,” said Glendale city spokesman Tom Lorenz.

But some of those funding streams began to dwindle and others were diverted to different programs. At the same time, labor organizations filed a lawsuit against a Glendale ordinance that prohibited anyone from soliciting a job near a business.

The ordinance was eventually struck down in 2006 and many men began going back to the corners to seek jobs, Lorenz said.

In the meantime, the city of Glendale paid nearly $90,000 year to keep the site open but decided last month it could not afford it anymore.

“The center suffered the consequences of those (federal) cuts” and the lawsuit, Lorenz said.

“During a budget crisis, it comes down to dollars and cents.”

A spokesman for Home Depot said the company respects Glendale’s decisions. Officially, Home Depot does not allow day laborers to solicit work on company property, but it cannot prevent the laborers from gathering on the public sidewalk nearby.

“Regardless of the closure, we maintain a nonsolicitation policy at our stores. As for other closings, we’re not aware of any other center closings (other than Glendale), and we really feel it’s a decision for the city leaders,” said Steve Holmes, a corporate spokesman for Home Depot.

While day-laborer rights groups hesitate to call the closures a trend, they remain troubled.

“As you see unemployment rise you see more people entering an unconventional job market and then you see more unscrupulous employers trying to take advantage of people’s circumstances,” said B. Loewe, a spokesman for the National Organizing Day Laborer Network, one of the organizations that fought Glendale’s nonsolicitation ordinance.

“The more people looking for work, the more abuse is likely to occur, which makes worker centers more important than most think,” Loewe said.

The closing of local centers doesn’t seem to be a national trend, he said. Across the nation, centers are opening in Connecticut, Virginia and North Carolina.

“They realize it’s because of the crucial role (the centers) are playing,” Loewe said.

Others believe that communities and police departments can work together to maintain formal areas where day laborers could gather.

“The police can be a very strong partner in building free, open zones,” said Jorge-Mario Cabrera, spokesman for the Coalition for Humane Immigrant Rights of Los Angeles.

“These centers offer education opportunities, food, medical services and a basic level of protection. Physical abuse, sexual abuse or not being paid, day laborers have always been victims of those abuses, but being at the center allows for certain levels of respect and accountability.”

But even centers that have that community support are struggling.

“The economy has affected us, too,” said Oscar Mondragon, director of the operations for the Malibu Community Labor Exchange, which opened in 1993.

“A month ago, we were looking at shutting it down,” Mondragon said.

Thanks to fundraisers, the center will remain open for now. But times are tough, Mondragon said, even in Malibu.

Moeed Khan, regional director for Catholic Charities of Los Angeles, said he was uncertain if the Glendale center will reopen.

It comes down to who will step up to help with funding the site so that basic utilities can be paid.

“I was very proud of the center,” Khan said. “I’m sad that it closed. It is a reflection of the times.”

Nunez, the man who waited on Wednesday morning outside Home Depot for a job, said since the recession, he now works three days a week instead of six.

He said he hopes the city reconsiders its funding.

“I have faith it will open again,” he said. “These bad times can’t last forever.”

Budget deficit forces day labor center to shut down

Budget deficit forces day labor center to shut down

Move drives workers to Home Depot’s curbs and parking lot.

By Veronica Rocha and Melanie Hicken; veronica.rocha@latimes.com, melanie.hicken@latimes.com
July 15, s 2011 | 6:09 p.m. | Source: BurbankLeader.com

 

Budget deficit forces day labor center to shut down

Day laborers crowd around a person, second from right, who was looking for two workers at the parking lot of the Home Depot at 5040 San Fernando Rd. in Glendale on Wednesday, July 13, 2011. (Raul Roa/Staff Photographer)

WEST GLENDALE — Catholic Charities officials have closed the day labor center across from the Home Depot in Glendale after the city, facing a multi-million budget deficit, cut its subsidy for the center.

Created at a time when Glendale banned soliciting from curbs — a law city officials agreed to relax after they were challenged in court — the center has in recent years struggled to attract skeptical workers, who prefer to seek work curbside, officials said.

“When our lawsuit was resolved, we relaxed our rules,” said City Councilman Ara Najarian. “There really was no incentive for people to use the day labor center.”

The City Council voted last month to eliminate the city’s $90,000 subsidy as members worked to fill a projected deficit of $18 million in the General Fund, which pays for basic public services.

In turn, the operators of the center, Catholic Charities of Los Angeles, say they had no choice but to close up as of July 1. The center had guaranteed a minimum hourly wage of $8, restrooms, water, telephone access and a waiting room for workers.

“It was a relevant program. There was more organization. People could come needing some help and they could be picked up for work,” said Moed Khan, director of the San Fernando region for Catholic Charities. “I guess that’s pervasive these days, all of the cuts to government. It’s sad, but that’s the reality.”

The move could raise tensions between neighbors, laborers seeking work and Home Depot, which calls on Glendale police to enforce its no-trespassing clause for solicitors.

“We maintain our no-solicitation policy that prohibits solicitation of any kind on our property,” Home Depot spokeswoman Kathryn Gallagher said in an email.

Since the July 1 closure, more workers have turned to the corner of San Fernando Road and Harvard Street to find employment — pushing other regulars into the Home Depot parking lot, where they run the risk of being kicked out or cited by police.

But some workers say it’s a risk they are willing to take for a couple hours of work.

“I used to work a lot more … but since construction dropped, there is less money,” said Juan Carlos Gonzalez as he sought work inside the parking lot Wednesday morning.

Most days, Gonzalez, a 38-year-old East Los Angeles resident, arrives at the Home Depot site about 8 a.m. and will work as much as he can before heading to his second job at a factory.

While the work often is daunting, Gonzalez, who spoke in Spanish, said he must press on to provide for his six children.

“It’s hard, but there is always a chance to get even a small job,” he said. “And because we are immigrants, it’s much more difficult to get work.

Glendale Police Sgt. John Gilkerson, who oversees police enforcement of the area, said that so far, there has been no change in crime activity or complaints since the day labor center closed.

“I am sorry to see it go because it serviced a certain percentage of workers,” he said.

Enforcement in the area regarding the workers was mostly driven by complaints from businesses and residents, Gilkerson added.

Griego: Cultures melt into a stronger community

By Tina Griego | Denver Post Columnist | Source: DenverPost.com

The Aurora Human Rights Center occupies a small, two-story brick building on the corner of Dayton Street and 14th Avenue in what’s called Original Aurora, which is in north Aurora. It’s the kind of neighborhood where you can find a Somali market, an African hair-braiding and, in between, a great Mexican restaurantLa Cueva, if you’ve never been. It has its pawns, art galleries, a light-filled library, a small theater, apartments full of refugees, a corner claimed by day laborers.

It’s a changing neighborhood and has been for a while now. Some enjoy this. Some don’t. In either case, it holds a collection of communities that tend to be isolated from one another. It’s a kind of default isolation that’s generally a product of language or legal status or economic class.

What city and community leaders know is that isolated communities serve no one well. Not the people who live in them. Not the neighborhoods that surround them. Isolation breeds stagnation.

This, then, is the context for the Aurora Human Rights Center. The idea was sparked by the Denver Foundation’s Strengthening Neighborhoods program, with funding from the Buck Foundation, whose matriarch is Mims Buck. She has been described as a 101-year-old maverick, which makes her the kind of woman I want to meet.

The AHRC building is plain, drab, even. It doesn’t look like a bridge, but it is.

“We want to create the cross-fertilization of cultures, backgrounds, languages,” says Patrick Horvath, director of the Strengthening Neighborhood program. “It really is designed to be a melting pot.”

Five nonprofits are housed here: El Centro Humanitario, which is well- known for its work advocating the fair of day laborers; Rights for All People, which cultivates leadership among the Spanish- speaking immigrant community; the Lowry Family Center, which supports low-income families through a variety of services; and the Somali Community Center, where a small sign reads: “If you think education is expensive, try ignorance.” Strengthening Neighborhoods also has a satellite office run by Mario Flores, a longtime community organizer.

A day laborer can come here for workplace-safety training. An immigrant can sign up for citizenship classes. A Somali refugee can learn computer skills. Struggling mothers and fathers can take parenting classes.

Like other nonprofits in the city, the AHRC seeks to do more than serve clients. It wants to grow leaders. What’s different here, the experiment, if you will, is how to take five entities sharing one building and make them more than five entities sharing one building. That’s where the bridge comes in — the cross-fertilization, as Horvath called it. It can manifest itself in the simplest way. The Somali Community Center started a sewing group for its women. Soon enough, it was inviting Mexican women to join.

“We can say we want to know people outside our own communities, but how do we that? Where does it begin?” says Lisa Duran, the executive director of Rights for All People. “It’s not a small thing, and the Aurora Human Rights Center has that built into its vision.”

The AHRC held its open house a few weeks ago. It’s taken three years to get here and not without some controversy. El Centro Humanitario wanted to move the informal day-laborer gathering site to this building. It planned to establish a hiring center much as it has in Denver. The pushback from some city and neighborhood leaders has shelved that plan.

In some ways, the AHRC is still figuring out how to articulate the vision expressed by Mims Buck, who gets the final word today. On the occasion of her 100th birthday, she was asked for her wish. “Fewer wars and more tolerance for people of all backgrounds, faiths and races,” she said, and then added: “I think peace is something we are all wishing for, but it is not enough to wish or hope; we all need to strive towards it.”

Tina Griego writes Sundays, Tuesdays and Thursdays. Reach her at 303-954-2699 or tgriego@denverpost.com.

Women Day Laborers Create Connect Democratic Workplaces

Women Day Laborers Create Connect Democratic Workplaces

Press Release – For Immediate Release
Contact: Ligia M. Guallpa, 646.479.4769

Building a Green and Grassroots Economy

Women Day Laborers Create Connect Democratic Workplaces

Brooklyn, NY – Today, July 8, women day laborers and founding members of Apple Eco-Friendly Cleaning Cooperative will be joining for first time the 2011 Eastern Conference for Workplace Democracy in Baltimore, Maryland to share strategies and learn new tools for organizing and building capacity of cooperative workplaces.

Apple Eco-Friendly Cleaning is an unique project model led by women day laborers from Williamsburg and Jackson heights to help bridge the disconnect between two starkly different worlds: that of economically and culturally marginalized day laborers, and the world of New York City’s more affluent social groups with sophisticated needs for high-quality services. A primary function of this project is to both reduce the barriers and emphasize the unique strengths of day laborers, ultimately enabling them to gain a footing in new segments of the market and compete on a more level playing field.

This project has become an important and energizing strategy to address the formidable barriers that stand in the way of economic and social advancement for many women day laborers that stand in the street corner of Marcy and Division.

Every morning, approximately 20 to 40 women day laborers stand in the corner looking for work in factories, tailor s, stores, restaurants, and homes, and construction sites.They work for 2, 5, 10, 12 and even up to 14 hours straight a day. In a workplace without an air conditioner and a lunch break, these women- mostly Latino and Polish – load and unload goods from big trucks, clean and repair homes.

The need to earn couple of dollar has brought women from all over New York City to the same corner. “Many more people are coming here, but there is less work and less money,” said Yolanda who has been coming to La Parada” for more than 5 years.

Over the past five years, the number of women day laborers in the corner has grown rapidly. As result, bringing a new challenge to the organizing process in the corner. The lack of a physical space and the arrival of new women have prevented from maintaining stable rates, minimizing the competition and preventing labor and civil rights abuses.

“We all have had to become innovative at the time to organize during difficult times” said Luz Maria, a women day laborer that has become an active organizer in the corner. “The need to work and earn a dollar has become a immediate need among everyone in the corner,” she said.

Last year, Luz Maria and a group of women day laborers came together to form an unique worker owned green cleaning business, named as Apple Eco-Friendly Cleaning, as a way to create green, healthy and sustainable cleaning jobs with dignified working conditions and a living wage.

“We needed to do something and we did it,” said Yesenia, another founding members of Apple Eco-Friendly Cleaning. “I feel that we have found more opportunities as an cooperative. Our hope is to help more women from the corner to create their own work,” she said.

Today, women day laborers and founding members of Apple Eco-Friendly Cleaning will be joining for first time the 2011 Eastern Conference for Workplace Democracy in Baltimore, Maryland.

Day Laborer Organizing Project:

Day Laborer Organizing Project’s mission and central value-is to empower day laborers through organizing and education, and creation economic opportunities.

Contact:

Ligia M. Guallpa
dlopnyc@mail.com

NDLON, et al. v. Baca

Over 20,000 people have been deported through Los Angeles County jails in the last two and a half years.  Through this lawsuit, filed in June 2011, NDLON, CHIRLA, and the National Immigration Law Center are demanding that Sheriff Baca comply with the the California Public Records Act and disclose information about the deportation programs operating in his jails, including Se Communities, 287(g), and the Criminal Alien Program.

Carrboro to revisit anti-lingering

By Susan Dickson, Staff Writer | Source: CarrboroCitizen.com

CARRBORO – Following claims that the town’s anti-lingering ordinance is unconstitutional, the Carrboro Board of Aldermen voted unanimously on Tuesday to take another look at it.

The board approved an anti-lingering ordinance for the intersection of Davie and Jones Ferry roads in November 2007 after residents of the surrounding neighborhood complained of public consumption, pharm public urination and garbage in the areas around the intersection. Day laborers, many of them Latino, often gather at the intersection in hopes that contractors will come by and offer them work. The ordinance prohibits waiting at the intersection from 11 a.m. until 5 a.m.

On June 16, the Southern Coalition for Social Justice sent a letter to Carrboro Town Attorney Michael Brough and the board alleging the ordinance’s unconstitutionality. The letter was also signed by lawyers from the N.C. NAACP, the ACLU of North Carolina, the N.C. Justice Center, the N.C. Immigrant Rights Project, the UNC Center for Civil Rights and the UNC School of Law Center on Poverty, Work & Opportunity, as well as professors in the UNC Immigration/Human Rights Policy Clinic and UNC Civil Legal Assistance Clinic.

“While Carrboro day laborers often receive day-long employment between 5 a.m. and 11 a.m., many contractors and home-owners regularly seek laborers during the late morning and early afternoon hours,” the letter states. “The ordinance has interfered with workers’ ability to obtain employment during these times. Workers who have risked violating the law in an effort to put dinner on their families’ tables that evening have been subjected to humiliating herding off the street corner by Carrboro police officers and their cruisers.”

The letter also states that the ordinance is “overbroad and vague” and that the authors are “deeply concerned about the ordinance’s impact on the First Amendment,” citing a 2009 N.C. Court of Appeals case in which a Winston-Salem ordinance was struck down because “mere presence in a public place cannot constitute a crime.”

A group of residents came to the board on Tuesday to ask the board to repeal the ordinance.

“I understand that the anti-lingering ordinance was discussed at great length,” said Judith Blau, a UNC professor and director of the Chapel Hill and Carrboro Human Rights Center. “You could not have recognized the increasing economic hardship that’s facing everyone in the nation, but most especially the day laborers, and it’s this downturn in the economy that has made employment opportunities more difficult.”

Alberto De Latorre told the board he has been working in Carrboro for 15 years, not always as a day laborer, but that as the economy has slowed he’s found himself more frequently looking for jobs from the corner.

“I am here because I’m against the ordinance,” Latorre said in Spanish, speaking to the board through a translator.

“The corner is part of Carrboro. It’s always been there, and we always know where to find a job there,” he said. “I feel frightened to be there and the police showing up at 11. … It feels bad.”

Mark Dorosin, an attorney with the UNC Center for Civil Rights and one of the letter’s authors, thanked board members for their recent efforts to work toward solutions for day laborers, but asked them to repeal the ordinance.

“We know you are looking at other issues related to workers’ rights and the day laborers, and we appreciate the consideration of those issues,” he said. “I urge you not to let this particular issue – the ordinance and the repeal of the ordinance – get unnecessarily caught up in other issues that you are dealing with.”

Carrboro day laborers may get center

By Sarah Glen
Updated:
6 hours ago

Randee Haven-O’Donnell remembers advocating for the worker movement in college as one of her most rewarding endeavors.

“You knew that you were supporting emerging populations that would make a difference to the families and the future of our nation, store ” she said.

As a member of the Carrboro Board of Aldermen, Haven-O’Donnell and other local advocates are joining together to support the area’s growing Hispanic day laborer population.

Eager for work and clad in paint-flecked boots indicative of the construction industry, anywhere from 30 to 60 men stand at the corner of Jones Ferry Road and Davie Road each morning.

Come rain, sleet or snow, they wait outside for the glimpse of a potential employer driving around the corner.

Now, many believe it is time for them to move inside.

Molly De Marco, leader of the fair jobs and wages team at Orange County Justice United, said while labor center discussions are still in their early stages, the recent establishment of a relationship with the National Day Laborer Organizing Network is a step in the right direction.

“With at least 30 centers nationwide, they can help us a lot with funding options and making sure we engage workers in every step of the process,” she said.

In addition to providing workers with a safe place to wait for employers and access to restrooms, De Marco said a laborer center could ease tensions with neighborhoods surrounding the current informal pick-up location and even open up new opportunities to female workers.

While no concrete plans have been agreed upon, advocates are currently considering El Centro Hispano in Carrboro Plaza as a potential location for a laborer center.

Mauricio Castro, an organizer with the N.C. Latino Coalition and founder of El Centro Hispano’s predecessor El Centro Latino, said El Centro Hispano presents a promising opportunity because it could offer workers health or education services and access to a bilingual staff.

“Based on the conversations we’ve had with the workers, they are very excited about the possibility not only to look for work but also to be able to develop other skills,” he said. “Many were excited about the possibility of using a computer lab to check their mail, to send messages to their families or to learn how to use the computers.”

Castro also said the discussion of how to staff a center is important because opening a laborer center could allow for the compilation of a database of reliable workers and employers.

“There is less chance for having any mishaps in terms of trust that way, and that’s one of the reasons we think proper education on this issue is important,” he said.

For now, Haven-O’Donnell said discussions between parties will continue throughout July and all interested are welcome.

“I think that getting behind workers and advocating for workers elevating their status is something students at the University can really sink their teeth into,” she said.

Contact the City Editor at city@dailytarheel.com.

Published June 27, 2011 in Carrboro Board of Aldermen

News From the Front: The POWER Act

By Sarita Gupta & Saket Sohni | Originally posted in HuffingtonPost.com
Posted: 06/20/11 01:33 PM ET

In the fight for workers’ right to organize in America, link a 19-year-old migrant construction worker is on the front lines.

Josue Diaz is a member of the Congress of Day Laborers in New Orleans. After Hurricane Ike struck the Gulf Coast, Josue was taken to Texas to do treacherous clean-up work. He gutted houses, removing toxic sludge with his bare hands. His work allowed families to come home.

Josue was denied the masks and respirators given to the American workers on the site. He was refused breaks, worked to exhaustion, and forced to sleep in a makeshift labor camp. In response, Josue acted in the proudest tradition of labor leaders in America: he led workers in a strike to demand their dignified working conditions. The employer’s response was to fire Josue and his fellow workers and evict them in the middle of the night without pay.

Retaliatory firings are illegal under the National Labor Relations Act. Josue should have been able to go to government agencies to report the abuse. Instead, he was greeted outside by police and Immigration and Customs Enforcement (ICE) agents. They detained Josue, and disappeared with him into the vast darkness of the post-hurricane landscape. He is now fighting removal, and his case has become a national flashpoint for the debate on ICE’s role in undercutting worker power.

Why does Josue’s story matter for American workers? Because across the nation, employers are exploiting immigrant workers — whether day laborers or formal guestworkers on H2A and H2B visas — in a way that undercuts struggling American workers even further.

When brave migrant workers like Josue try to assert their basic rights to full wages and safe, dignified conditions, employers conspire with ICE to turn immigration enforcement into a weapon. The result for U.S. workers is that job opportunities, wages, and working conditions decline every day. Because immigrant workers cannot organize to protest labor abuses, employers have a captive workforce that has no choice but to work for less at lower standards. In the race to the bottom, all workers lose.

Stories like Josue’s — and what they mean for American workers — are what inspired the Protect Our Workers from Exploitation and Retaliation Act, or POWER Act. Senator Robert Menendez re-introduced the bill to the Senate on June 14, and Reps. George Miller and Judy Chu introduced a parallel version in the House. The POWER Act protects the right of immigrant workers to hold employers accountable without fear of retaliation. It would provide temporary protection for immigrant victims of crime and labor retaliation so that employers who are guilty of labor violations may be held accountable. In the process, it would protect the security and dignity of work for American workers as well.

Workers across the country need the POWER Act. In New York, domestic workers face physical violence on their way to winning a domestic worker Bill of Rights. In California, day laborers fear deportation as they combat wage theft. The New York Times has revealed details of how ICE advised a major marine fabrication company on how to carry out illegal private deportations of metalworkers from India who organized to break up a labor trafficking chain.

Protected by the POWER Act, these workers and many thousands of others will be able to organize, without fear, to end the severe labor exploitation that marks our era. American workers would see wages rise, working conditions improve, and their own right to organize become more se. If the current race to the bottom is one we all lose, the fight to pass the POWER Act — the fight of Josue and his allies across America — is one where all workers win.

Sarita Gupta is executive director of Jobs with Justice. Saket Soni is executive director of the National Guestworker Alliance.

Follow Sarita Gupta on Twitter: www.twitter.com/@jwjnational

Connecticut Becomes The First State To Require Paid Sick Leave For Service Workers

June 6, ed 2011 | Originally posted in CityTownInfo.com

State legislators approved a bill on Saturday that makes Connecticut the first state in the nation to require employers to offer paid sick leave to their workers.

According to The New York Times, the bill, which the House voted 76 to 65 and was approved by the Senate on May 25, applies to service sector businesses with 50 or more employees who receive an hourly wage. However, manufacturing companies and nationally chartered nonprofit organizations, day laborers, independent contractors and temporary workers are exempt. Employees who qualify will be able to earn one hour of paid sick time for every 40 hours worked. The benefit is capped at five days per year. CNN reported that Governor Dannel Malloy is expected to sign the bill before it goes into effect at the beginning of 2012.

“This is a historic moment and a very common-sense moment,” said House Speaker Christopher Donovan to CNN. “People get sick and there should be some way that they won’t lose pay or lose their job if they get sick.”

MSNBC reported that the United States is one of the few industrialized nations in the world that does not require paid sick time for workers. Vicki Shabo, director of the work and family program for the National Partnership for Women & Families, stated that more than 40 million U.S. workers do not have paid sick time. Liberia, Papua New Guinea and Swaziland also do not require it.

CNN noted that although no other state has such a mandate, San Francisco has required all employers to provide mandatory paid sick leave to workers since 2006. Washington D.C. and Milwaukee began mandating paid sick leave in 2008.

According to MSNBC, labor advocates hope that the passing of the bill in Connecticut will encourage other states to follow suit. Massachusetts is already considering a bill that would give workers seven paid sick days and other cities–including Philadelphia, Denver and Seattle–are looking into similar legislation.

Not everyone is on board with the legislation, however. Many businesses argue that the bill will significantly raise the cost of doing business and adds another obstacle for companies trying to stay afloat in today’s tough economy.

However, according to CNN, Shabo pointed out that paid sick time is a public health issue and, in the grand scheme of things, is a huge benefit to everyone.

“The cost of providing a sick day is less than having a worker show up sick and not be productive and spread their flu or virus to their co-workers or customers,” argued Shabo. Furthermore, she added that most workers do not use up all of their sick time.

Despite some debate, Governor Malloy said he supports the bill.

“Why would you want to eat food from a sick restaurant cook? Or have your children taken care of by a sick day care worker? The simple answer is–you wouldn’t. And now, you won’t have to,” he said in a statement quoted by The New York Times.

Compiled by Heidi M. Agustin

Sources:

“Can a paid sick leave plan go national?” msnbc.msn.com, June 5, 2011, Eve Tahmincioglu

“Connecticut legislators first to pass paid sick leave bill,” CNN.com, June 4, 2011, Leigh Remizowski

“In Connecticut, Paid Sick Leave for Service Workers Is Approved,” NYTimes.com, June 4, 2011, Peter Applebome