Outten & Golden: Empowering Employees in the Workplace

Posts Tagged ‘National Day Laborer Organizing Network’

Workers’ rights are being abused as they rebuild in the wake of Hurricane Harvey

Tuesday, November 28th, 2017

Day laborers, many of them undocumented, are reportedly being exploited as they rebuild after Hurricane Harvey, and their health and economic well-being are are stake.

According to a report from the National Day Laborer Organizing Network and University of Illinois Chicago that surveyed 360 workers, 26 percent of workers have experienced wage theft in their post-Harvey work and 85 percent did not receive health and safety training. Sixty-one percent of workers did not have the necessary respiratory equipment to protect them from mold and chemicals, 40 percent did not have protective eyewear, and 87 percent were not informed about the risks of working in these unsafe buildings.

Workers have been exposed to mold and contamination on a regular basis, and regardless of whether workers are undocumented, they often aren’t aware of their legal protections, according to the report. To make matters worse, Texas is the only state that lets employers opt out of workers’ compensation for work injuries.

Advocates for different labor groups focusing on undocumented laborers have been speaking out on the issue of exploitation and visiting work sites to survey workers and pass out flyers with information on labor rights. There is tension between these advocates in Houston and Texas Governor Greg Abbott (R) on how the federal funds for hurricane recovery should be distributed. According to the Guardian, worker groups would prefer the money be distributed through the office of Houston Mayor Sylvester Turner (D), since the mayor is seen as a progressive ally. They’re afraid that if the money is instead distributed through the general land office run by George P. Bush, as Abbott wants, immigrant and worker groups won’t receive the aid they need.

The Associated Press interviewed workers hired by individual homeowners, subcontractors working on residential and commercial buildings, and work crews from outside of Texas about the working conditions. Martin Mares, a native of Mexico who came to Houston in 1995, told the AP that the demand for labor attracted people who don’t usually do this kind of work and don’t know how to do it safely. He gave the example of a pregnant woman working without gloves in an apartment building that had flooded.

Jose Garza, executive director of the Workers Defense Project wrote in the Guardian, “One woman contacted us when she and her crew, after spending more than 90 hours clearing out a Holiday Inn, were turned away without pay.”

Advocates for undocumented workers in Houston are also concerned about Senate Bill 4 (SB4), a Texas law that lets local law enforcement ask people they detain or arrest about their immigration status and hits local government officials with jail time and large financial penalties if they refuse to comply with federal detainer requests. The law is currently being held up in the courts, but that hasn’t completely erased fears among immigrant communities in Texas.

In addition to being exposed to mold and chemicals as well as experiencing wage theft, undocumented workers have already suffered from the devastation of the storm in unique ways due to poverty, lack of insurance, and their undocumented status. There are some 600,000 undocumented immigrants in Houston. After the hurricane, many undocumented people were afraid to use local shelters because of their immigration status or didn’t want to leave homes because they were concerned about protecting property. Although local and federal officials have tried to persuade undocumented people that they are not there to enforce immigration laws, undocumented people are still worried about the risk of seeking help.

Before the rebuilding efforts began, labor rights advocates and former officials from the Occupational Safety and Health Administration (OSHA) told ThinkProgress they were concerned about exploitation of workers in Texas and undocumented workers in particular, because laborers are routinely exploited and suffer major injuries. The Trump administration has already sent signals that it is not committed to labor rights. Workers groups have been critical of OSHA’s reportedly lax approach to coordinating health and safety training and the Labor Department’s ties to nonunion construction companies.

After Hurricane Katrina, workers were similarly exploited. A 2006 New Orleans Workers Center for Racial Justice study found that 61 percent of workers they surveyed had experienced workplace abuses such as wage theft and health and safety violations. A 2009 University of California, Berkeley study found that there were significant differences in conditions for undocumented versus documented workers.

This article was originally published at ThinkProgress on November 27, 2017. Reprinted with permission.

About the Author: Casey Quinlan is a policy reporter at ThinkProgress. She covers economic policy and civil rights issues. Her work has been published in The Establishment, The Atlantic, The Crime Report, and City Limits.

Workers and Activists Look Ahead after Gov. Brown Vetoes Pro-Immigrant Bills

Thursday, October 11th, 2012

As two critical bills waited quietly on California Governor Jerry Brown’s desk last weekend, immigrants across the state held their breath, hoping that the progressive legislation could affect the national immirgation debate. By Sunday night, the anticipation gave way to disillusionment with two stunning vetoes.

The highly anticipated Domestic Workers Bill of Rights would have enacted major protections for tens of thousands of housekeepers, nannies and other caregivers and closed loopholes ignored by federal labor law. It would have extended California’s policies for overtime pay and workers’ compensation, and helped ease in-house workers’ arduous, sometimes-abusive work routines by providing for a set amount of sleep and the ability to cook one’s own food.

Above all, the Bill of Rights would place California alongside New York (where similar legislation has already passed) in formally recognizing the rights and unique needs of this burgeoning, cross-cutting sector. The bill won support from a huge array of groups, from labor unions to celebrities, precisely because of the myriad social issues that domestic work braids together: the changing demographics of the workforce, the challenges of securing affordable childcare or elder care for families, and the struggles of immigrant workers, particularly women of color, in a largely unregulated industry.

But Brown scrapped the bill (sadly following an earlier veto by former Gov. Arnold Schwarzenegger) and aligned himself with the business lobby, led by the California Chamber of Commerce, which had complained that the provisions of the bill would be unworkable and overly burdensome for employers.

The California Domestic Workers Coalition will continue its campaign (with plans to deploy sponge bombs to help Brown “clean up his act”) by building on its growing network of allies, including women’s rights, labor and faith groups. Looking ahead, Katie Joaquin, a Filipino community activist with the California Domestic Workers Coalition, tells Working In These Times, “We’re going to continue to build upon those relationships. And the first step is to hold Governor Brown accountable for what we view as a blatant lack of leadership.”

Inspired by the New York example, Joaquin says, the California bill is part of a movement for what the National Domestic Workers Alliance calls “an alternative vision of care,” which is based on sustainable working conditions and better training in the care industries, in order to meet the growing need for caregivers as the population ages. “We need to have a vision for training and caring for caregivers at the same time that we’re making care accessible for families,” Joaquin says.

Immigration policy complicates the labor struggle. Brown delivered a one-two punch to California’s migrant communities by also vetoing the Trust Act, which would have restrained the power of local police to route arrestees suspected of immigration violations into the custody of Immigrations and Customs Enforcement (ICE). That means that the mass deportation of undocumented immigrants, including domestic caregivers and other low-wage workers, will continue.

Immigrant rights activists had pushed the Trust Act to counter the Obama administration’s enforcement regime, particularly the Secure Communities program, which encourages federal and local police to collaborate to nab undocumented immigrants. The program mirrors Arizona’s infamous SB1070 law and other state initiatives that threaten to expand racial profiling of Latinos and feed the federal deportation machine (which hasn’t significantly eased up in spite of the administration’s slippery claims of refraining from deportating “low priority” cases, such as students with clean records).

Still, aside from the painful vetoes, Brown managed to approve more modest pro-immigrant measures, such as allowing driver’s licenses for some undocumented immigrants (a move apparently aimed at the youth who would qualify for temporary immigration relief and work permits under the White House’s new “deferred action” policy).

The problem is that making it easier for undocumented workers to drive isn’t going to prevent them from being pulled over and ensnared in deportation proceedings. A young man named Juan Santiago told the Associated Press:

he was pleased he would be able to get from his home in Madera to his college classes 30 miles away once his work permit application is approved. But he said the measure does little for his mother, who brought him across the Arizona desert into the U.S. when he was 11.

“It was a happy and a sad day for us,” Santiago said. “The fact that the governor vetoed the TRUST Act, it means there’s nothing to protect the rest of my family members.”

The legislative changes that immigrants most need now are those that protect the whole neighborhood–at work, in school and at home. In an email to Working In These Times, Chris Newman, legal director of California-based National Day Laborer Organizing Network (NDLON), one of the leading advocates for the Trust Act, says:

Equality demands that all Californians have faith in law enforcement, and the vetoes send a message that whether it’s civil rights, labor rights, or public safety, Jerry Brown does not respect the interests of immigrant workers in California.

While the vetoes were a blow to the movement, passing pro-immigrant policies is not an end in itself. Even in New York, where a hard-fought Domestic Workers Bill of Rights is already on the books, workers have faced difficulty in using the law to directly challenge employers over workplace violations.

Building political savvy and leverage on the street level is critical, with or without supportive legislation. As NDLON activist Pablo Alvarado wrote on the group’s blog, the governor “can veto a bill but he cannot veto a movement.” Ultimately, it’s the community’s power, not the letter of the law, that defines justice.

This post originally appeared in Working In These Times on October 3, 2012. Reprinted with permission.

About the author: Michelle Chen work has appeared in AirAmerica, Extra!, Colorlines and Alternet, along with her self-published zine, cain. She is a regular contributor to In These Times’ workers’ rights blog, Working In These Times, and is a member of the In These Times Board of Editors. She also blogs at Colorlines.com. She can be reached at michellechen @ inthesetimes.com.

Social Forum Focuses on Workers’ Issues

Tuesday, June 29th, 2010

Image: James ParksWorkers’ issues were the focus of  five days of  marches, rallies and workshops at the U.S. Social Forum in Detroit, which ended over the weekend. Grassroots activists and progressives from across the country came together to build new alliances, create new strategies and put new energy into the movement to turn around the American economy.

Writing in Workday Minnesota, Howard Kling quotes a UAW leader who says the forum was an opportunity for labor to build relationships with other movements and encourage a “strong, fight-back attitude toward the intense corporate agenda that is blocking change on health care, labor rights, fair trade policies and a host of issues that we believe in.”

Throughout the forum, union members were hard at work making sure working peoples’ voices were heard. In a brainstorming session at the start of the forum, the hundreds of union members attending the five-day event listed the changes most needed to improve conditions for workers in the United States. The list included passage of the Employee Free Choice Act, immigration reform, a public blacklist of employers who mistreat workers, enforcement of existing labor laws, a federal jobs bill and the criminalizing of labor law violations.

On the first full day of the forum, newly elected UAW President Bob King joined Metropolitan Detroit AFL-CIO President Saundra Williams; Al Garrett, president of AFSCME District Council 25; and Armando Robles, UE Local 1110 president, in leading a march and rally through the streets of Detroit. Chanting “Full and Fair Employment Now!” and “Money for Jobs, Not for Banks!” participants demanded Congress address the pressing jobs emergency.

One of the forum highlights was a joint meeting of the National Domestic Workers Alliance (NDWA) and the National Day Laborer Organizing Network (NDLON) to develop strategies to better protect the rights of some of the nation’s most vulnerable workers.

Domestic workers often are afraid to join unions for fear of losing their jobs. There is little job security and some have no employer-provided health care, and most toil in isolation, said Ai-Jen Poo, director of NDWA.

They are completely vulnerable to the whims of their employers. Some have good employers but some work in homes where they earn 50 cents an hour and work around the clock.

At the global and local levels, officials are beginning to recognize the need to protect domestic workers. Earlier this month, the New York State Senate passed the Domestic Workers Bill of Rights, guaranteeing better working conditions for domestic workers. In California, a Bill of Rights resolution for domestic employees has been introduced in the state legislature.

The International Labor Organization (ILO) this month took a giant step forward in the fight to create workplace justice for the millions of housekeepers, nannies and other domestic workers around the world. At its International Labor Conference the ILO began the process to establish a first-ever international standard (“convention”) to protect the rights of domestic workers.

Nadia Marin-Molina with the NDLON said the most common problem for day laborers is wage theft.

The employer will say, “We’ll pay you tomorrow,” and then the employer never  shows up. Sometimes we have to go to court to get their money.

NDLON and Interfaith Worker Justice (IWJ) are working to stop wage theft among mostly immigrant low-wage workers. The nation’s economy suffers when millions of workers are denied their just pay, IWJ Executive Director Kim Bobo said in a workshop on faith and labor. It is also a moral issue, she added, since every major faith group has some variation of the commandment that “Thou shalt not steal.”

On June 25, faith activists at the forum led a protest against JPMorgan Chase & Co., calling on the Wall Street financial institution to declare a moratorium on foreclosures in Michigan and sever its ties with R.J. Reynolds. The tobacco giant refuses to meet with the Farm Labor Organization Committee (FLOC) to discuss the slave-labor working conditions of contract growers in North Carolina.

Throughout the week, workers and union staff took the lead in discussions on building communities by rebuilding U.S. manufacturing and on the fights for justice for domestic workers, Immokalee farm workers, immigrant workers and sweatshop workers. Activists talked about strategies for gaining full employment in a new economy, changing our trade policies and creating safe workplaces.

The forum followed the Great Labor Arts Exchange, which was held in Detroit, the first time in three decades that it was produced on the road.

This article was first published by AFL-CIO Now Blog.

About the Author: James Parks had his first encounter with unions at Gannett’s newspaper in Cincinnati when his colleagues in the newsroom tried to organize a unit of The Newspaper Guild. He saw firsthand how companies pull out all the stops to prevent workers from forming a union. He is a journalist by trade, and worked for newspapers in five different states before joining the AFL-CIO staff in 1990. He has also been a seminary student, drug counselor, community organizer, event planner, adjunct college professor and county bureaucrat. His proudest career moment, though, was when he served, along with other union members and staff, as an official observer for South Africa’s first multiracial elections. Author photo by Joe Kekeris.

Your Rights Job Survival The Issues Features Resources About This Blog