Outten & Golden: Empowering Employees in the Workplace

Posts Tagged ‘immigrant’

'This is my home': Undocumented students, educators await a DACA decision

Tuesday, November 12th, 2019

Image result for BIANCA QUILANTAN"Hundreds of thousands of undocumented students across the country live with the fear that they could face deportation and an end to their plans for higher education.

The Obama administration’s Deferred Action for Childhood Arrivals program has provided work authorization and deportation protections for undocumented people who were illegally brought to the United States as children or overstayed a visa. For seven years, DACA gave some relief so students could work and go to college without looking over their shoulders for immigration officials.

As the Supreme Court hears oral arguments Tuesday on DACA, students are worried that their college degrees could be worthless. Educators are afraid that their undocumented students will fall through the cracks.

Anxieties and frustration are escalating on campus as students wait for a decision as early as next spring. POLITICO talked to two students, two educators and a college president about the case.

Axel Herrera Ramos, Duke University senior

When Herrera first heard of DACA, he was 14. He wasn’t eligible for it until he turned 16, but even then, his mother was cautious about the program. They just didn’t know.

Seven years later, the DACA recipient will be graduating from Duke University in May. “DACA gave me access to education,” he says. He knows this to be true because his younger sister missed out on it when President Donald Trump canceled the program.

Herrera and his family came to the United States from Honduras in 2005, when he was 7. He applied for DACA in 2014 and has renewed the permit ever since. After Trump was elected in 2016, DACA was rescinded, so it wasn’t an option for his sister, leaving higher education out of her reach. North Carolina does not offer in-state tuition options for undocumented students.

“She didn’t overly excel, as is what is typically required of immigrant or undocumented immigrant students to be able to receive a scholarship like I did,” he said. “I was able to get a scholarship to Duke and she graduated high school, but has to resort to just working however she can.”

Trump announced in September 2017 that the program would end on March 5, 2018, a deadline he imposed to urge Congress to enshrine some protections for DACA recipients into law so the program would not lapse. Congress has not succeeded in passing legislation. That means those who have DACA status can renew it, but new applications are not being accepted.

The University of California regents have joined other plaintiffs in asking the high court to rule on whether the Trump administration lawfully ended the program. A decision is expected no later than June 2020.

“For many of us who have DACA, it’s been two years of waiting this out,” said Herrera. “In some ways, I believe that you get a little bit numb to the news of it. It’s just extremely draining.”

When Rodriguez was in high school, DACA didn’t exist. It wasn’t until he was 24 that the program was implemented.

From his high school graduation in 2005 until 2012, Rodriguez would take one or two classes a semester at the local community college because that’s all he could afford. He drove without a license and worked restaurant jobs he found on Craigslist that paid $4 to $5 an hour under the table. It took him seven years to finish his associate’s degree.

“I know how hard it is to go through the education system, go to higher education, and not have the resources or opportunities to advance,” he said. “Once I received DACA, it opened up huge opportunities.” With DACA, he was able to graduate from the University of California, Riverside, with additional help from a California law that allows undocumented students to pay in-state tuition.

Rodriguez is the only undocumented person in his immediate family. His parents are from Michoacán, Mexico, and migrated to the U.S. before he was born. “A family emergency happened and my mom was pregnant with me, and I was born in Mexico,” he said. “I was brought over, but I’m not sure how, because they still won’t tell me.”

If DACA were to be rescinded and he loses his work permit, Rodriguez plans to finish his master’s degree, but may look in Europe or Mexico for a job. Rodriguez is also married to an American citizen, but because of his illegal entry, he would have to apply for citizenship and leave the country until the application is processed. That’s another option.

“But I don’t want to go out. This is my home,” he said. “San Bernardino is the only thing I know.”

Pat McGuire, Trinity Washington University president

McGuire isn’t undocumented, but about 10 percent of her undergraduate women’s college students are. As a college president, McGuire hears the frustration among her students and feels their stress.

Students at most universities worry about how they will be able to pay the bills. McGuire’s institution has that part figured out. Trinity Washington University students have privately funded scholarships that pay for their tuition through TheDream.US college access program, in addition to other scholarships they may earn, McGuire said. The university has assured its students that their scholarships will continue through the end of their academic careers.

The school does not have a specific plan if DACA were to lapse next year. McGuire said leaders are “hopeful that the Supreme Court would be enlightened enough to provide some interim relief.”

“There are some things we can do, and then some things we are helpless to do,” McGuire said. “There are some things that we could not possibly compensate for because it’s out of our hands. So the fact that they would lose their work permits — it’s terrible, because they can’t work, and we could not employ them illegally. We have to observe the law. But that sort of thing poses a moral dilemma for everybody.”

All of her undocumented students will be skipping class to rally in front of the Supreme Court on Tuesday.

Vanessa Rodriguez Minero, University of Texas at Austin senior

Rodriguez, who’s enrolled in DACA, has spent recent days mulling her future should the Supreme Court rule in favor of the Trump administration.

“I’ve been thinking about not pursuing a master’s degree or going to law school because if DACA is not in place, I will not be able to work,” she said.

This blog was originally published at Politico on November 12, 2019. Reprinted with permission.

About the Author: Bianca Quilantan is a higher education reporter. She has worked as a web producer at POLITICO since March 2019 and earlier was an intern with the education staff. Bianca is a 2018 graduate of California State University, Chico’s journalism program. She is also a proud graduate of Southwestern Community College, where she was the editor of the student newspaper, The Sun.

She got her start in journalism as the weekend reporter for the Chico Enterprise-Record, where she covered the Camp Fire — California’s deadliest, most destructive fire – and was named a finalist for the 2019 Pulitzer Prize in breaking news. Before that, she wrote for The Chronicle of Higher Education, ChicoSol and the Austin American-Statesman. A native of Chula Vista, Calif., Bianca now lives in Washington, D.C.

After Largest Workplace Raid in a Decade, Immigrant Workers Are Organizing

Thursday, October 3rd, 2019

Image result for Rose BookbinderOn August 7 the poultry towns of central Mississippi suffered the largest workplace raid in the U.S. since 2006. Some 680 chicken-processing workers from seven factories were detained and incarcerated by Immigration and Customs Enforcement (ICE).

Ten percent of the population in Morton, Mississippi, was either incarcerated or fired. Parents were detained the same day they had dropped their children off to their first day of school.

The raid instilled fear not only in Mississippi poultry plants but also among immigrants all over the country. Natalie Patrick-Knox of Jobs with Justice (JwJ) described the ripple effect: “workers feeling scared to report wage theft, dangerous work conditions, and other abuses.”

She said that fear “makes it easier for low-road employers to beat their competition by violating labor law.” Then all workers, regardless of immigration status, feel the effects.

Immigrant advocates say ICE targeted these plants because workers were organizing for better conditions. Many were already represented by the Food and Commercial Workers (UFCW).

BILINGUAL VOLUNTEERS

As soon as the raids were announced, labor and immigrant rights groups mobilized. The Food Chain Workers Alliance, a national coalition representing 340,000 workers, raised thousands of dollars that it sent to the UFCW.

National Jobs with Justice took direction from the UFCW and two local immigrant rights organizations, Southeast Immigrant Rights Network (SEIRN) and Mississippi Resiste. JwJ recruited bilingual organizers and sent them to help these groups.

At the Pioneer Valley Workers Center in western Massachusetts and Massachusetts JwJ, we sent Cecilia Prado, one of our volunteer hotline responders, to join the team on the ground in Mississippi. There she volunteered as an organizer and case manager. “Most of us [volunteers] were Latinx and were familiar with the stress surrounding the immigration system,” she said, “so we were able to relate to the community and gain their trust.”

The organizers worked from early morning to late at night. “We would flyer in churches and communities and let people know about the resources,” Prado said. Churches housed legal clinics and distributed humanitarian aid.

In three weeks, the team working with Mississippi Resiste interviewed 468 family members to locate and identify those detained. Many who were not already in immigration proceedings or had no prior criminal charges were released. The 200 still detained are being moved among nine different prisons.

WORKERS PUSH BACK

“There was a lot of shame,” Prado said. “We talked about how this was not fair. We worked building confidence among the community, validating their experience, educating them on what their rights are, and empowering them to lead their own movements.

“Most people who were from the factories not represented by the union thought that because they are undocumented, they had no rights,” she said.

Besides the hundreds detained, hundreds more were fired. Those still working are afraid they might be next.

To push back, poultry workers have begun organizing committees in their towns—creating roles for each person, such as meeting planner, notetaker, treasurer, communicator, and fundraiser. In Morton, the local leaders organized a huge meeting about immigrant workers’ rights. More than 200 people participated.

Community members directly or indirectly affected by the raids have started to keep track of the labor violations they have experienced at these plants or elsewhere, such as wage theft or sexual harassment, and to seek out labor lawyers. UFCW is also collecting reports of labor violations against its members, offering them humanitarian aid, and putting together a legal team.

RETALIATION?

Just last year, one of the raided factories, Koch Foods, settled a class action lawsuit, paying out $3.75 million to workers over wage theft, discrimination against Latinos, and sexual harassment.

Supporters say it’s more evidence that ICE targets workplaces where workers organize to improve conditions. Poultry is one of the most dangerous industries in the country.

The overall food industry—including farmworkers, fast food workers, restaurant workers, supermarket workers, and meatpackers as well as poultry workers—is the largest sector in the U.S. economy. Yet the median wage for food workers is just $10 an hour. Wage theft is rampant.

The Food Chain Workers Alliance has used government data to show that about one in five food workers is an immigrant, though this number is probably an undercount.

Many of the families working in these plants were recruited from Mexico and Central America by employers. Hiring immigrant Latinos was a mechanism to halt the organizing by Black workers who won improvements in central Mississippi poultry plants between the 1970s and the 1990s.

But the immigrants hit by this summer’s raid received solidarity from Black organizations in Mississippi. The People’s Advocacy Institute, Malcolm X Grassroots Movement, Mississippi Workers Center for Human Rights, NAACP, and others stated: “The anti-immigrant, anti-Latinx, anti-Black, anti-human rights policies created by this administration shock the conscience of all reasonable people.”

BE PREPARED

The return of the workplace raid represents what many immigrant and worker rights organizations have feared would become the new face of enforcement in the Trump presidency.

Under President Obama there were more deportations than under any previous president, but enforcement relied more on I-9 audits and raids at homes.

We can only expect that these raids will keep coming. The more prepared we are with rapid response, the more potential there is to organize and create a united front to fight back.

Solidarity is key in these moments, and it’s best to build it ahead of time. JwJ and the AFL-CIO have published toolkits explaining how to set up a fund and roles in advance, so that folks can jump in immediately to help.

Know-your-rights workshops are also critical. It appears that in these raids ICE used a common tactic: agents walk into a workplace and yell, “Everyone with papers over here, and everyone without over there.”

Muscle memory is key in a crisis. Role-plays can help us prepare not to out ourselves or our co-workers.

Have every worker practice saying that they refuse to answer any questions: “I will not speak to anyone, answer any questions about my immigration status, respond to any accusations, waive my legal rights, or consent to a search of my person, papers, or property until I have first obtained the advice of an attorney.”

This story first appeared at Labor Notes.

This article was originally published at InTheseTimes on October 3, 2019. Reprinted with permission.

About the Author: Rose Bookbinder is a co-director at the Pioneer Valley Workers Center, organizer with Jobs with Justice, and board chair of the Food Chain Workers Alliance.

California laws protect undocumented workers from abuse by the boss

Friday, March 23rd, 2018

Undocumented immigrant workers are some of the most vulnerable in the U.S., with employers all too often targeting them for abuse, paying them less than the law requires, and basically using ICE to put down worker organizing efforts. But California, which has the highest proportion of undocumented immigrant workers of any state, is leading the way in protecting them and penalizing abusive employers, the Economic Policy Institute’s Daniel Costa reports.

Seven laws enacted since 2013 send a message to employers: the law still applies. You don’t get to break labor laws just because your workers are undocumented.

  • California’s AB 263 (2013) prohibits employers from using threats related to immigration status to retaliate against employees who have exercised their labor rights. For example, if an employee complains to an employer about wages owed to her, and if the employer retaliates with threats related to the worker’s immigration status as an excuse to discharge or not pay the worker, the California Division of Labor Standards Enforcement (DLSE) can investigate and fine the employer, or the worker can bring a civil lawsuit against the employer. Employers guilty of retaliation based on immigration status may be subject to a civil penalty of up to $10,000 and the employer’s business license may be temporarily suspended.

Several other laws expand or clarify AB 263, including penalties for filing or threatening to file false reports and say that an “employer’s business license may be revoked (not just suspended temporarily) if the employer is found to have retaliated against an employee based on immigration status. In addition, a lawyer who participates in retaliatory activities on behalf of an employer may be suspended or disbarred.” Making threats about someone’s immigration status can lead to criminal extortion charges. Also:

  • California’s AB 450 (2017) can provide due process for workers in the face of an I-9 worksite audit and discourage employers from using the I-9 audit process to retaliate against employees. Under AB 450, employers are prohibited from providing Immigration and Customs Enforcement (ICE) with access to nonpublic areas of the workplace and employment records when ICE has not obtained a warrant or subpoena, and AB 450 requires employers to notify workers when ICE plans to conduct an audit and inform workers about the details of the audit. Employers can be fined $2,000 to $5,000 for the first violation, and $5,000 to $10,000 for each additional violation. In addition, employers are prohibited from requiring their existing employees to reverify their work authorization at a time or manner not required by federal immigration law, and may face penalties of up to $10,000 for each violation.
  • California’s SB 54 (2017), also known as the California Values Act, includes a provision that has the potential to make courts and government buildings more accessible to unauthorized workers (by decreasing the risk of detention by ICE agents while pursuing claims for workplace violations by employers). In light of increasing immigration enforcement activities at courthouses and state government buildings by ICE, unauthorized immigrant workers will face significant difficulties accessing the judicial system and due process. SB 54 provides for the upcoming publication (by October 2018) of model policies for ensuring that public facilities “remain safe and accessible to all California residents, regardless of immigration status.” These model policies have the potential to provide unauthorized immigrant workers with greater certainty that ICE agents will not be present in California courtrooms, thus creating a safer environment for immigrants to access the legal system and obtain due process.

But the fact that these laws were necessary goes to show how much exploitation, retaliation and abuse undocumented immigrants face on the job—and California is just one state. In too many places, these laws don’t exist to protect the workers who need them.

This blog was originally published at Daily Kos on March 24, 2018. Reprinted with permission.

About the Author: Laura Clawson is labor editor at DailyKos.

Immigrant Nurses Demand Equal Pay—And Win

Thursday, May 11th, 2017

 It started when a few nurses at Temple University Hospital told stewards that they weren’t being paid for their experience.

One of the first to speak up was Jessy Palathinkal, who had become a nurse in India in 1990. She got her U.S. nursing license when she moved here in 1995. But when she started working at Temple, her placement on the pay scale was as though those five years of nursing never happened.

She asked why. Human Resources told her the hospital didn’t count years of experience in foreign countries.

“I was feeling a little bit upset. I had all the certification,” Palathinkal said. “I thought, ‘Well, that’s not right, but what can I do?’”

What Palathinkal did was tell her shop steward. The steward told officers of their union, the Pennsylvania Association of Staff Nurses and Allied Professionals (PASNAP). And the officers started asking around to see whether anyone else was affected.

They put out a call in their monthly newsletter—did anyone else think that their pay was incorrect for their level of experience? Three more nurses had the same complaint.

Four nurses joined a class-action grievance. Management denied it. That’s when union officers decided this was a hospital-wide issue.

Double standard

Management’s argument was that foreign experience was not comparable to U.S. experience. But the underpaid nurses coming forward had something else in common: they were primarily people of color, mainly from India.

That struck nurse Mary Adamson as unfair. After all, everyone had met the requirements to become a registered nurse in the U.S. “All these people had to take the test, and they passed it,” said Adamson, the union’s membership secretary. “They had the knowledge.”

“Maybe in H.R. they were thinking, because India is a third-world country, maybe they don’t want to take my experience,” Palathinkal said. “I can prove my knowledge and skills here, based on my work in India.”

“They were chipping away at contract language, doing it covertly, and targeting people that they knew would be afraid to speak up,” Adamson said.

An attack on the contract

She and other union officers at Temple saw this pattern of underpayment as an attack on the contract. If members aren’t vigilant, management can underpay nurses in many ways—overtime, shift differential, holiday pay. This was no different.

“Truthfully, their experience is just as valuable as working down the street,” Adamson said. “Health care is health care.”

The officers brought the grievance to the bargaining team, already in contract talks. This wasn’t a question of the difference between nurses trained abroad and those trained in the U.S., they argued—the problem was management not respecting the contract. The union’s 20-member bargaining team agreed to raise the issue in negotiations.

Although it was nothing like 2010, when Temple nurses struck for 28 days, the 2016 contract campaign was vigorous. A hundred nurses packed into bargaining sessions; 1,000 signed petitions for better staffing. The union threatened an informational picket before winning a final contract agreement that included a provision spelling out that foreign nurses’ experience should be treated equally.

Meanwhile the original grievance was headed to arbitration, but at the last minute, management caved and agreed to grant back pay to the original four nurses, in addition to bumping them up to the right place on the wage scale.

Winning clear contract language was a breakthrough, but the fight wasn’t over yet. “That expanded the universe” of nurses who might be affected, Adamson said. At membership meetings the union found more underpaid nurses. Ultimately a dozen were brought up to their correct places on the scale.

Raising consciousness

The whole saga was a new experience for Palathinkal, who had never worked at a union hospital before. At the start, “I didn’t have any knowledge of what I was supposed to do or who was I supposed to talk to,” she said. “I was thinking, ‘This is not going to work.’”

But it did. “The union stood up for me,” she said.

This grievance fight gave union activists a way to get recent hires involved and show them what the union is about. “Not everyone has been through a strike,” Adamson said. “We are constantly trying to raise the consciousness of new people who are coming in.”

Many of the affected nurses have stayed engaged, signing petitions and coming to meetings. “People become more aware of, ‘The boss might be cheating me,’” Adamson said. “Any time we get a win, people are happy about it. It reinforces among the workers that we’re watching.”

This article originally appeared at Inthesetimes.com on May 10, 2017. Reprinted with permission. 

About the Author: Samantha Winslow is a staff writer and organizer with Labor Notes.

When Temp Workers Die While Being Taken to the Job, Who’s Responsible?

Thursday, November 19th, 2015

in these timesOn September 24, just after 3 PM, a 36-year-old Haitian immigrant named Marianie Sanon was sitting on a particleboard bench in the back of a van overcrowded with 22 other Haitian temp workers on their way to the night shift at a factory in Evansville, Indiana. She noticed that the van driver seemed to be driving dangerously fast down Interstate 69. Sanon had recently moved from Miami to Washington, Indiana, on the hope of landing a good job at the local branch of a temp agency called ServiceXpress. This would have been her fourth day temping at a plant operated by AmeriQual, an Evansville, Indiana-based manufacturer of prepackaged military food for the Department of Defense.

The last thing Sanon remembers of the van ride was watching the driver—a 30-year-old man named James Allen who helped his father run a van service that he called “Haitian Transportation”—attempt a high-speed, slalom-like maneuver to get around a truck.

Three days later, Sanon emerged from a coma in a hospital in Evansville, Indiana. She had suffered severe head trauma, had several fractured vertebrae, a bone in her left arm had been shattered and she still had shards of glass still imbedded in her body.

The accident had left two of her fellow passengers dead. As it tumbled across the interstate, the van disintegrated, ejecting Sanon onto the pavement and sending more than a dozen other survivors to the hospital. As she lay in her hospital bed and gathered information about her co-workers, Sanon says she began to wonder why she had heard nothing from the temp agency—ServiceXpress, a subsidiary of Delaware-based Service General—that deployed her, or from AmerQual itself. Not only had there been no offer of help, but not a single person from either firm had checked in, called, visited or sent a letter, Sanon says.

Sanon called ServiceXpress and spoke with a manager. “She said she was sorry for what happened to me,” Sanon told me, “but that she cannot do anything for me.”

Sanon soon received a letter from ServiceXpress.

Dear Employee,

We thank you for your time that you have been with ServiceXpress; we want to help in some way from the traumatic experience that you have been through. We hope this gift card and food basket can help you get back on your feet. We want to wish you the best regards in everything you do.

Thank you,

ServiceXpress Staff

Aside from the $50 Walmart credit, Sanon says that she soon received a paycheck from ServiceXpress that came to $71.00. (She says she never received the food basket referenced in the letter and has heard nothing from AmeriQual.) Meanwhile, Sanon, who was airlifted from the crash site, began receiving the first of her medical bills (many more are on their way), which quickly amounted, she says, to roughly $105,000.

Out of work and unable to pay rent on her apartment, Sanon soon became homeless. She currently sleeps in a women’s shelter in downtown Evansville.

The subcontractor maze

Steven Chancellor is the Chairman of AmeriQual, according to Bloomberg. He has an ardent passion for big-game hunting on African safari trips and has even used his wealth and influence to lobby the Botswanan government to lift its ban on lion hunting. Chancellor has also proven an energetic Republican activist, hosting a high-profile fundraiser for Mitt Romney in 2012. Before that, he reportedly held a Republican fundraiser in 2004 election of President George W. Bush who, from the White House, assisted Chancellor’s crusade against Botswana’s lion hunting ban.

Immediately after the I-69 van crash, AmeriQual expressed sympathy for the victims but also made clear that it had enlisted the workers through ServiceXpress, which sent the temps to the factory for $11 per hour. Yet ServiceXpress, in turn, emphasized that the van’s driver worked for a different business. James Allen, the van’s driver, was recently arrested for his role in the van crash and Neil Chapman, Sanon’s attorney, says Allen likely has little in assets for the crash victims to draw from. (AmeriQual declined to provide comment for this story.)

Since the Great Recession, the temporary staffing industry has boomed, and temp employment has accounted for significant portions of rebounding job growth. Temps—who are employed by agencies and whose labor is simply rented out by third-party businesses—have become seen as some of America’s most vulnerable workers. Labor advocates say that, in treating workers as replaceable units of labor, the temp industry can overlook workers’ most basic human needs.  Through the layering of contractors and subcontractors, many corporations who rely on temps have effectively shielded themselves from numerous forms of liability for temps they retain through third-party agencies.

Labor advocates across the country have identified the safety of vans that transport temp workers to job sites as a key issue. In 2013, ProPublica published a diagram, drawn by a temp worker, of an overcrowded van said to be a typical feature of the New Jersey temp economy. Workers in New Jersey I spoke with this week say that they are still being transported in woefully overcrowded conditions.

“The problems with the vans from the agencies is that they pack them in over capacity,” a Spanish-speaking temp worker in northern New Jersey told me through a translator and labor organizer named Louis Kimmel, the executive director of New Labor. “Logically when it’s over capacity and no one has seatbelts on, for example—and sometimes drivers might be driving when they’re still drunk—we’re putting ourselves at risk just by getting into a full van like that.”

Sanon herself expressed surprise at the lack of responsibility assumed by AmeriQual and ServiceXpress after the crash. “I was like, how am in the hospital and why am I not hearing from anyone?” Sanon said. “I’m very strong, but really, I need help. I cannot do this by myself.”

“A heroic effort”

Bamdad Bahar, the president of ServiceXpress, said that his office in Indiana did more than just send Walmart cards and food baskets. “[O]ur team there provided round the clock support for the employees, including taking family members to and from the various hospitals,” Bahar said in an email. “It was truly a heroic effort.” Bahar said that he had taken out life insurance plans that would provide the families of each deceased worker with a $5,000 payment.

Bahar also reiterated that his company has nothing to do with the accident. “I mentioned we provided maximum support feasible. This was NOT a workmans comp case, and was NOT an industrial accident. The driver and van company are NOT part of our company, and we are NOT responsible for the accident, the blown tire etc.” He added that he is looking into filing a libel suit against the local newspaper in Indiana, the Evansville Courier & Press, for its coverage of the accident. “There is really NO need to refer to us in relation to the accident,” Bahar said in a subsequent email. “I shut my operation in Indiana because of all this negative press.”

After the accident, Jacques Estime, who is involved in Washington, Indiana’s Haitian community, launched a fundraiser for the victims of the I-69 rollover crash. After securing enough money to pay for the funerals of the deceased, Estime said he split the leftover money 17 ways among the injured victims, who will each receive a check from Estime for $196.95.

In late September, shortly after the van crash, AmeriQual announced in a Facebook post that it would launch a donation drive among its full-time employees to compensate the injured temps. Yet Sanon has heard nothing about AmerQual’s fundraiser. It is unclear if the company gathered a single donation. Estime said the ServiceXpress had donated one thousand dollars to a funeral fund.

Estime told me that the victims are coping with an array of physical and psychological injuries. “Some of them are badly hurt, some of them need therapy,” Jacques told me. “Some haven’t been sleeping well. They’ve been having horrible nightmares. All they see are people dying.”

In late October, a Gibson County prosecutor reportedly filed 19 criminal charges against the van’s driver, James Allen, who had tested positive for marijuana during a blood test taken just after the crash. The charges against Allen range from “causing death while operating a vehicle under the influence of a controlled substance” to “causing serious bodily injury while operating under the influence,” according to the Evansville Courier & Press.

Last week, Sanon’s attorney, Neil Chapman, filed a suit against not only James Allen and his father, Robert, who owns the van, but also against Ameriqual and ServiceXpress. The civil complaint seeks to dispute any notion that the Allens’ transit business operated with autonomy from Xpress and AmeriQual, and asserts that the three businesses were operating as a joint venture. “A principle motivating factor for Ameriqual to choose ServiceXpress was because it offered a competitive advantage of other temporary agencies: transportation of the Haitian employees free-of charge as a part of its advertised, integrated incentive package to its factory clients.”

Sanon told me that, before the accident, she still owed $50 to a man she had paid $200 to bring her from Miami to Washington, Indiana. Although the AmeriQual wage was modest, it was the best she could find, she said, and she had hoped to use the earnings to become debt-free. With medical bills that she estimates total over $100,000, that goal now seems impossible.

“I’m struggling for my life right now,” Sanon said. “I cannot do this by myself.”

This blog was originally posted on Our Future on November 18, 2015. Reprinted with permission.

About the AuthorSpencer Woodman is a journalist based in New York. He has written on labor for The Nation and The Guardian. You can follow him on Twitter at @spencerwoodman and reach him via email at Contactspencerwoodman@gmail.com.

No free pass to discriminate against immigrant workers: Salas v. Sierra Chemical Co.

Friday, October 3rd, 2014

Low-wage workers—regardless of immigration status—shoulder more than their fair share of workplace violations, including unpaid wages, unsafe working conditions, and discrimination and harassment.  Immigrant low-wage workers are particularly vulnerable—working under constant fear that if they exercise basic workplace rights, they will suffer retaliation that could result in the separation of their families; loss of homes and property; or return to violence or extreme poverty in their home countries.

This fear of retaliation is based in fact.  We as advocates have seen it happen time and time again—and it overwhelmingly leads to workers staying silent, leaving employers without even a slap on the wrist when they break the law.

Scofflaw employers do not and will not stop violating the law if they are not held accountable for their violations to all workers.  Any other type of piecemeal enforcement, or lack of enforcement, encourages employers to hire vulnerable undocumented workers, disregard labor laws as basic as the minimum wage, and then fire them when they complain – all to the economic disadvantage of employers who do follow the law.

Earlier this summer, the California Supreme Court in the Salas v. Sierra Chemical Company case agreed, deciding that companies that hire undocumented workers (knowingly or not) do not get a free pass to discriminate against them.

In that case, Mr. Salas sued his former employer, Sierra Chemical Company, for failing to bring him back to work after he injured himself and claimed workers’ compensation benefits. Mr. Salas alleged the company retaliated against him for filing his claim and discriminated against him because of his injury. But a jury never got the chance to decide whether he was right. The company claimed that because Mr. Salas was not authorized to work in the U.S. in the first place, the company shouldn’t be liable for failing to hire him back. A lower court agreed and dismissed the case (giving the company a free pass to discriminate in the bargain).

The California Supreme Court said not so fast. On the one hand, the law says that people without work authorization shouldn’t be working. But on the other hand, the law says that all workers should be protected from discrimination.

In a careful decision, the California Supreme court balanced these two concerns.  It allowed Mr. Salas to take his case to a jury, finding that a company can be liable for discrimination even against undocumented employees.  At the same time, the court held that undocumented employees cannot seek a court to be hired back by the company that has discriminated against them.

This decision demonstrates an understanding of the reality of the California workplace, which is  increasingly made up of workers of all immigration statuses, including green card holders and naturalized U.S. citizens.  It also includes 1.85 million undocumented workers, who constitute nearly 10% of the total workforce.

Against this backdrop, the Supreme Court confirmed that employers cannot violate the law—by discriminating or otherwise—and then later be immunized from liability for those violations. The court recognized that leaving undocumented workers without the protection of the law would actually give employers a strong incentive to “look the other way” when hiring and then turn around and use their immigration status to ultimately exploit them.  That would be bad news for employers who actually honor their obligations to treat workers fairly and legally when it comes to hiring, pay, and non-discrimination in the workforce.

Mr. Salas will now have the chance to take his case to a jury, who will decide whether he wins or loses.  But the Salas decision is a solid win for all law-abiding Californians – employees and employers alike.

This article originally appeared in CELA Voice on October 2, 2014. Reprinted with permission. http://celavoice.org/

Beaman[1]About the Author: Megan Beaman is a community-based attorney who roots her work in the notion that all people deserve access to justice, and who understands the larger struggles for immigrant and worker justice in California and nationwide. Beaman’s practice is founded on her years of advocacy and activism in working class and immigrant communities, and tends to reflect the predominate needs of those communities, including many cases of discrimination, harassment, unpaid wages, immigration, substandard housing, and other civil rights violations. The client communities Beaman most often represents are overwhelmingly Latino and Spanish-speaking. Beaman also works and volunteers in a number of other community capacities, including as a coordinator for the Eastern Coachella Valley Neighborhoods Action Team.

Kish-Kevin-2011-04[1]

 

About the Author: Kevin Kish is the Director of the Employment Rights Project at Bet Tzedek Legal Services in Los Angeles. He leads Bet Tzedek’s employment litigation, policy and outreach initiatives, focusing on combating illegal retaliation against low-wage workers and litigating cases involving human trafficking for forced labor.

Exploited Filipino Teachers in Louisiana Win Historic Court Decision

Thursday, December 20th, 2012

Kenneth Quinnell

 

Just in time for yesterday’s celebration of International Migrants Day, a federal court jury ruled on Monday that Universal Placement International of Los Angeles and its owner, Lourdes Navarro, must pay $4.5 million to 350 Filipino teachers who were forced into exploitative contracts. According to the AFT, the Filipino teachers were brought to Louisiana after Hurricane Katrina and taught in public schools under H-1B guest worker program. This became the first positive jury verdict in a federal labor trafficking case brought forth by workers (as opposed to the government) involving workers who are not domestic workers. It is a clear example that workers can fight back against corporate greed and that, when allies join forces on behalf of working families, victories can be achieved.

The Filipino teachers began arriving in Louisiana in 2007 and most paid Universal Placement about $16,000 to find the jobs, AFT reported. Almost all of them had to borrow money to pay the placement fees. The loans were then charged 3% to 5% interest per month and recruiters took away their passports and visas until they paid off the loans. Many of the teachers were forced to give away 10% of their second-year salaries as well. Those who didn’t take the one-sided contract were threatened with the loss of their sizable investment and potentially being sent home.

The contracts were later ruled illegal and a class-action lawsuit was filed on behalf of the teachers by AFT, the Southern Poverty Law Center (SPLC) and Covington & Burling, a law firm. AFT President Randi Weingarten lauded the ruling:

This groundbreaking verdict affirms the principle that all teachers working in our public schools must be treated fairly, regardless of what country they may come from. The outrageous abuses provide dramatic examples of the extreme exploitation that can occur, even here in the United States, when there is no proper oversight of the professional recruitment industry. The practices involved in this case—labor contracts signed under duress and other arrangements reminiscent of indentured servitude—are things that should have no place in 21st century America.

This case is part of a larger pattern of American companies exploiting migrant workers in the teaching profession. AFT investigated the practices in a 2009 report, Importing Educators: Causes and Consequences of International Teacher Recruitment. AFT proposed a series of solutions to the problem:

To prevent such egregious abuses in the future, the AFT is calling for federal, state and local governments to take steps to monitor the hiring and treatment of overseas-trained teachers. In addition, the union recommends:

  • Developing, adopting and enforcing ethical standards for the international recruitment of teachers.
  • Improving access to the government data necessary to track and study international hiring trends in education.
  • Fostering international cooperation to protect migrant workers and mitigate any negative impact of teacher migration in their home countries.

This post was originally posted on AFL-CIO NOW on December 19, 2012. Reprinted with Permission.

About the Author: Kenneth Quinnell is a senior writer for AFL-CIO, and a former precinct committeeman in the Leon County Democratic Party. He is a former vice chair of the Florida Democratic Party’s Legislative Liaison Committee, and during the 2010 election, through the primary, Kenneth Quinnell worked for the Kendrick Meek campaign. He has written for Think Progress, AFSCME and for OurFuture.org on Social Security.

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