Outten & Golden: Empowering Employees in the Workplace

Posts Tagged ‘immigration’

Here Are the 10 Worst Attacks on Workers From Trump’s First Year

Wednesday, January 24th, 2018

January 20th marks the one-year anniversary of President Donald Trump’s inauguration. Since taking office, President Trump has overseen a string of policies that will harm working people and benefit corporations and the rich. Here we present a list of the 10 worst things Congress and Trump have done to undermine pay growth and erode working conditions for the nation’s workers.

1) Enacting tax cuts that overwhelmingly favor the wealthy over the average worker

The Tax Cuts and Jobs Act (TCJA) signed into law at the end of 2017 provides a permanent cut in the corporate income tax rate that will overwhelmingly benefit capital owners and the top 1%. President Trump’s boast to wealthy diners at his $200,000-initiation-fee Mar-a-Lago Club on Dec. 22, 2017, says it best: “You all just got a lot richer.”

2) Taking billions out of workers’ pockets by weakening or abandoning regulations that protect their pay

In 2017, the Trump administration hurt workers’ pay in a number of ways, including acts to dismantle two key regulations that protect the pay of low- to middle-income workers. The Trump administration failed to defend a 2016 rule strengthening overtime protections for these workers, and took steps to gut regulations that protect servers from having their tips taken by their employers.

3) Blocking workers from access to the courts by allowing mandatory arbitration clauses in employment contracts

The Trump administration is fighting on the side of corporate interests who want to continue to require employees to sign arbitration agreements with class action waivers. This forces workers to give up their right to file class action lawsuits, and takes them out of the courtrooms and into individual private arbitration when their rights on the job are violated.

4) Pushing immigration policies that hurt all workers

The Trump administration has taken a number of extreme actions that will hurt all workers, including detaining unauthorized immigrants who were victims of employer abuse and human trafficking, and ending Temporary Protected Status for hundreds of thousands of immigrant workers, many of whom have resided in the United States for decades. But perhaps the most striking example has been the administration’s termination of the Deferred Action of Childhood Arrivals program.

5) Rolling back regulations that protect worker pay and safety

President Trump and congressional Republicans have blocked regulations that protect workers’ pay and safety. By blocking these rules, the president and Congress are raising the risks for workers while rewarding companies that put their employees at risk.

6) Stacking the Federal Reserve Board with candidates friendlier to Wall Street than to working families

President Trump’s actions so far—including his choice not to reappoint Janet Yellen as chair of the Federal Reserve Board of Governors, and his nomination of Randal Quarles to fill one of the vacancies—suggest that he plans to tilt the board toward the interests of Wall Street rather than those of working families.

7) Ensuring Wall Street can pocket more of workers’ retirement savings

Since Trump took office, the Department of Labor has actively worked to weaken or rescind the “fiduciary” rule, which requires financial advisers to act in the best interests of their clients when giving retirement investment advice. The Trump administration’s repeated delays in enforcing this rule will cost retirement savers an estimated $18.5 billion over the next 30 years in hidden fees and lost earning potential.

8) Stacking the Supreme Court against workers by appointing Neil Gorsuch

Trump’s nominee to the Supreme Court, Neil Gorsuch, has a record of ruling against workers and siding with corporate interests. Cases involving collective bargaining, forced arbitration and class action waivers in employment disputes are already on the court’s docket this term or are likely to be considered by the court in coming years. Gorsuch may cast the deciding vote in significant cases challenging workers’ rights.

9) Trying to take affordable health care away from millions of working people

The Trump administration and congressional Republicans spent much of 2017 attempting to repeal the Affordable Care Act. They finally succeeded in repealing a well-known provision of the ACA—the penalty for not buying health insurance—in the tax bill signed into law at the end of 2017. According to the Congressional Budget Office, by 2027, the repeal of this provision will raise the number of uninsured Americans by 13 million.

10) Undercutting key worker protection agencies by nominating anti-worker leaders

Trump has appointed—or tried to appoint—individuals with records of exploiting workers to key posts in the U.S. Department of Labor (DOL) and the National Labor Relations Board (NLRB). Nominees to critical roles at DOL and the NLRB have—in word and deed—expressed hostility to the worker rights laws they are in charge of upholding.

This list is based on a new report out from the Economic Policy Institute.

This article was originally published at In These Times on January 19, 2018. Reprinted with permission.

About the Author: The Economic Policy Institute (EPI) is a nonprofit, nonpartisan think tank created in 1986 to include the needs of low- and middle-income workers in economic policy discussions.

In Their Own Words: Why Immigrant Worker Protections Must Be Extended

Wednesday, August 16th, 2017

A primary goal of the labor movement is to make every job in our country a good job. To do that, we must and we will stand with every worker in the fight for basic rights and dignity on the job. More than 1 million working people are in danger of having their work permits stripped away if the Trump administration ends the Temporary Protected Status and Deferred Action for Childhood Arrivals programs. This is unacceptable. We will fight for and with them just as they have fought for and with all of us.

The DACA and TPS programs help working people and they help the country. Here are just a few stories of union members whose lives have been changed because of these programs. Please send us your story of how DACA and TPS made your life better and helped you exercise your basic rights and find dignity on the job.

Reyna Sorto, Painters and Allied Trades (IUPAT) member:

Employers exploit immigrant workers because they think our fear will keep us silent from speaking out against abuses, even though TPS is not permanent, it does provide a level of protection that can give a worker strength to speak truth to power and denounce exploitative working conditions.

Karen Reyes, DACAmented teacher in Austin, Texas, and member of AFT:

DACA made me visible. It made me realize that those opportunities that I thought were not for me—were now possible. DACA made it possible for me to be able to find a job in teaching. It made it possible to be able to earn money to be help out my mom while she went through numerous health issues. DACA made it possible for me to teach children who are deaf and hard of hearing. DACA made me find my voice and made me be able to live without fear. We must #DefendDACA because after living here for 26 years—I am here to stay.

Gerdine Vessagne, housekeeper in Miami Beach, Florida:

TPS has allowed me to provide for my five children, including two back home and three born here. But this isn’t just about me. Over 50,000 Haitian nationals working in the U.S. have this protected status. We are the engine of Florida’s hospitality industry, much of which greatly depends on our labor.

Cecilia Luis, housekeeper in Orlando, Florida.:

I know a lot of people here that don’t eat or sleep because they’re worried they’ll be sent back to Haiti. It’s not as easy to leave when you’re sending money to your family to help them survive. My God knows everything, and I’m asking him to speak to their hearts so they don’t do this. A lot of people will suffer.

Areli Zarate, DACAmented teacher in Austin, Texas:

DACA allowed me the opportunity to come out of the shadows and lose the fear of deportation. I have a social security number and work permit which gives me the opportunity to follow my dream and teach. I am about to begin my fourth year of teaching with a big heart filled with love and passion for my profession. I am dedicated to my students and it’s hard to see myself doing something else. Yet, every time I have to renew my DACA I am reminded that my status is temporary. I am currently pending a decision on my renewal and I am praying to God that I will be allowed to teach for another two years until my next renewal.

Maria Elena Durazo, UNITE HERE General Vice President for Immigration, Civil Rights and Diversity, spoke for many working people in the hospitality industry:

The American hospitality industry runs because of the women and men on DACA and TPS working in it. These immigrants prove their value to this country every day, and many have been living in and contributing to America for more than a decade. These men and women have deep roots in this country, and are longtime employees, spouses, parents, neighbors and community members. Losing DACA and TPS would destroy both their families and the hotel industry that is built on their work. We must extend TPS and protect DACA—for our sisters and brothers working under them, for their families and for the health of the American economy.

These stories make it clear that the ability to exploit any worker undermines standards for all working people. Increasing the pool of vulnerable workers in our country directly threatens the labor movement’s mission of raising wages and improving working conditions. We call on our nation’s leaders to reverse the destructive course we are on and take these immediate steps to reduce the fear in our workplaces:

  • Defend DACA and protect this vital young workforce;
  • Continue TPS for all affected countries; and
  • Protect labor rights by preventing immigration enforcement from interfering with other important roles of government.

The words of AFL-CIO President Richard Trumka sum it up:

DACA and TPS holders are members of our families, our unions and our communities who have made positive contributions to our society for many years. We will not allow them to lose their rights and status. We will stand with them in the fight to defend these programs as a necessary part of our long-term struggle to ensure that all working people have rights at work and the freedom to negotiate together for fair pay and conditions.

We call on the Trump administration to demonstrate a genuine commitment to lifting up the wages, rights and standards of all working people by acting to defend and extend vital DACA and TPS protections.

This blog was originally published at AFLCIO.org on August 16, 2017. Reprinted with permission.

About the Author: Kenneth Quinnell is a long-time blogger, campaign staffer and political activist. Before joining the AFL-CIO in 2012, he worked as labor reporter for the blog Crooks and Liars. Previous experience includes Communications Director for the Darcy Burner for Congress Campaign and New Media Director for the Kendrick Meek for Senate Campaign, founding and serving as the primary author for the influential state blog Florida Progressive Coalition and more than 10 years as a college instructor teaching political science and American History. His writings have also appeared on Daily Kos, Alternet, the Guardian Online, Media Matters for America, Think Progress, Campaign for America’s Future and elsewhere.

Trump’s Bid to Pit Black and Brown Workers Against Each Other

Monday, August 7th, 2017

President Trump has resurrected an old canard in his effort to sell a new effort to restrict immigration into the United States. The legislation he backs, he said at a White House ceremony, was necessary in part to protect “minority workers competing for jobs against brand-new arrivals” under the current immigration system.

This theme is a hardy perennial in right-wing media and think-tank reports, often featuring members of a small but persistent cadre of conservative black people willing to be the face of the pernicious idea that in order to boost the fortunes of African Americans, we have to keep new immigrants out of the country.

This notion keeps getting debunked, but Trump trotted it out anyway as his administration launches key assaults against the core concerns of African-American people.

This comes the same week as news reports that the Justice Department is gearing up a new assault on affirmative action programs at colleges, based on the lie that these programs discriminate against white and Asian college applicants.

Career civil-rights lawyers in the Justice Department are so aghast at the idea that their agency’s efforts are being redirected from addressing the continuing effects of structural racism that Attorney General Jeff Sessions plans to use political appointees and outside lawyers to lead the effort.

Remember that this pronouncement also is in the shadow of a speech Trump gave before police officers in Long Island, New York, in which he encouraged police officers to rough up criminal suspects.

“[W]hen you see these thugs being thrown into the back of a paddy wagon — you just see them thrown in, rough — I said, please don’t be too nice,” Trump told the assembly of law enforcement officers.

Even people in his own administration denounced the speech as inappropriate, as did prominent police chiefs. Later, White House press secretary Sarah Huckabee Sanders dismissed Trump’s comment as a joke.

But in African-American communities around the country, where the drumbeat of stories of police officers using clearly unwarranted deadly force against African Americans continues to reverberate, no one was laughing.

Vice senior editor Wilbert Cooper convincingly took on the black-people-harmed-by-immigration myth in a 2016 essay. Not only is it false that immigration of lower-skilled people harms African-American employment prospects, he wrote that “counter to what Trump and others contend, there’s evidence that immigration can actually help low-skilled blacks get back to work.”

Denver University economist Jack Strauss analyzed a wide breadth of data from metropolitan areas across the US in 2013 to determine whether blacks in particular lose out when it comes to immigration. He found there to be a “one-way causation from increased immigration including Latinos to higher black wages and lower poverty.” In other words, immigration is good for black workers. According to Strauss’s summary of his findings, a “1 percent rise in Latino immigration contributes to a 1.4 percent increase in employment rates among African Americans,” and “for every 1 percent increase in a city’s share of Latinos, African median and mean wages increase by 3 percent.”

The reality is, as Cooper writes, cities like Cleveland and Detroit are working to attract immigrants, because of the impact immigrants have on the overall economic vitality of the communities they make their home.

Jobs Tell The Story

On Friday, the federal government will release an updated picture of the nation’s employment situation. The previous report, covering June, showed that the nation’s unemployment rate was 4.4 percent, and African-American unemployment was 7.1 percent, down significantly from 8.8 percent in June 2016.

The significant decrease in black unemployment is in itself a direct rebuke to the idea that drastic measures to restrict immigration are necessary to lower unemployment rates in African-American communities.

What that progress affirms that economic growth combined with economic justice and fairness is essential to closing the gaps between black, brown and white employment prospects.

What The Nation Needs

What the nation needs is not an assault on immigration, but an assault on the effects of structural racism and economic inequality. Instead of dismantling affirmative action, we need investments in schooling for African-American children that start at preschool – and before.

We need to reinvest in communities that have been left behind by the free-market idolatry of too many state governments and, now, the federal government itself. We need every worker to have a living wage and access to affordable housing.

Above all, we need to end the assaults on the fundamental dignity of African-American people – from the coded reference to “thugs” who need to be roughed up by police to the active exalting by White House officials of the nostrums of white nationalism.

Thanks but no thanks, President Trump. The overwhelming majority of African Americans don’t want your faux paternalism at the expense of our immigrant brothers and sisters.

This blog was originally published at OurFuture.org on August 3, 2017. Reprinted with permission.

About the Author: Isaiah J. Poole is communications director of People’s Action, and has been the editor of OurFuture.org since 2007. Previously he worked for 25 years in mainstream media, most recently at Congressional Quarterly, where he covered congressional leadership and tracked major bills through Congress. Most of his journalism experience has been in Washington as both a reporter and an editor on topics ranging from presidential politics to pop culture. His work has put him at the front lines of ideological battles between progressives and conservatives. He also served as a founding member of the Washington Association of Black Journalists and the National Lesbian and Gay Journalists Association.

A Day in the Life of a Day Laborer

Friday, June 16th, 2017

Come sunrise, the men fill the street corner, among them Luis, quietly sitting by himself, nurturing hopes for work today.

There was no work yesterday, nothing the day before and nothing for weeks.

Still, the 50-year-old Guatemalan, who didn’t want his last name used, waits in the growing heat, saying he has no other choice.

He waits even though he hates day labor work, because he says it is sometimes dangerous, barely enough to live on, and some of the men on the street corner have bullied and hurt him on the job.

The factory where he worked for almost a decade shut down a few years ago, he can’t find any work as a caregiver, and, he says, the factories aren’t hiring or they are shutting down.

He says he has papers to show he is a legal resident in the United States, but he suspects that many of the men standing around him don’t have that status.

That’s not the case for Carlos Sanchez, 70, and Gustavo Almaraz, 28, who are standing nearby. Carlos says he is Puerto Rican and Gustavo says he was born in the United States.

But they say that many workers lack papers and so they suffer. Often, the contractors who hire the men off the street corner “automatically think you don’t have papers,” explains Almaraz. And that’s a problem, because they want to take advantage of you. “Some of the people here (doing the hiring) are mean,” he adds.

The two also say they know how to take care of themselves.

Sanchez says he knows how to do a lot of jobs and how to deal with people, starting out decades ago as a migrant worker earning 35 cents an hour. And Almaraz says he has picked up enough skills that he can virtually take every job offered on the street corner.

“It’s all on you,” Almaraz explains. “You see a car coming in and you have to go up and say, ‘Hey boss, what do you need?’”

The secret is finding a good boss and somebody who needs you for a long time, he says. It also involves knowing, he says, when to walk away from someone who abuses you. “I had a good-paying job with an electrician, but he started to become disrespectful. He started to yell and insult me.”

Almaraz says he won’t work for less than $15 an hour, but surveys indicate laborers often earn minimum wages or less, and sometimes nothing. “Nobody can live on less than $100 a day,” Almaraz says.

Near them is a 65-year-old Mexican: a short, stocky, balding man, who says he has been doing day labor ever since coming to the United States without papers 12 years ago.

He hasn’t been able to find work and so he says he will take less than the others. “Sometimes they don’t pay. It’s very difficult. There is no work and everything is expensive,” he says in Spanish.

Time passes, and the men disappear from the street corner. Some are off to work, getting into the trucks and vans that pick them up.

As soon as someone pulls up onto the gasoline station’s street corner, the men rush them, huddling by the vehicle’s windows, bargaining furiously as they tout their skills. And some just wander off.

Not Luis. He sits waiting. Some jobs he won’t take.  “I have friends who were injured doing roofing, and they went home (to Guatemala) handicapped,” he says.

Not too long ago, he took a moving job with another worker. It was supposed to be an easy three-hour job. But the items they moved were so heavy, he sat at home for three days afterward, his hands shaking.

“A lot of people will do this work. They don’t speak the language so they have to. But I don’t have to,” he says.

He waits along with more than 100,000 others who gather daily on dozens of street corners across the United States, according to figures from 2006. It is a world, where workers are often cheated out of their wages, injured on the job and then left without medical care, according to a 2006 survey. Where workers who complain often suffer retaliation by employers who fire them, suspend them, or threaten to call immigration officials.

As the hours pass, Luis huddles in the scorching sunlight, watching out for anybody looking for a worker and a job he can do.

Most of the men are gone, but not him.

This article originally appeared at Inthesetimes.com on June 15, 2017. Reprinted with permission.
About the Author: Stephen Franklin, former labor and workplace reporter for the Chicago Tribune, was until recently the ethnic media project director with Public Narrative in Chicago. He is the author of Three Strikes: Labor’s Heartland Losses and What They Mean for Working Americans (2002), and has reported throughout the United States and the Middle East. He can be reached via e-mail at freedomwrites@hotmail.com.

Trump’s Immigration Gag Order

Friday, May 5th, 2017

Like many employment lawyers in California, I’ve represented a number of undocumented immigrant workers in lawsuits against their employers. Some of my undocumented clients had been sexually harassed, some discriminated against because of their ethnicity, and some had been denied minimum wages for performing menial work.

Of course, these clients and millions of others are working here in violation of our immigration laws. But once they enter the workplace, they are entitled to all of the legal protections guaranteed their American coworkers. The 14th Amendment protects everyone in the United States, regardless of how or why they are here. So any law whose purpose or effect is to deny workers access to the full protection of our employment laws violates the Constitution.

Although I worry about the slow pace of our journey toward workplace equality, I have more immediate concerns these days. The Trump administration’s anti-immigrant rhetoric and immigration executive order are creating barriers to the justice system for entire communities. If you believe there is a reasonable chance that you or a family member will be deported if you file a civil complaint, or even if you call the police to report a crime, you will be less inclined to complain.

Silencing Crime Victims

Look at what is happening in the criminal justice arena. We are barely 100 days into the Trump administration and already we are measuring its detrimental impact on crime reporting. According to the Los Angeles Police, Latino immigrants in L.A. have suddenly become less willing to report serious crimes. Chief Beck reported that complaints by immigrant Latinos dropped 25 percent in 2017 when compared to the same period last year. Reports of domestic violence fell 10 percent. Beck asked us to “imagine a young woman, imagine your daughter, your sister, your mother,” he said, “not reporting a sexual assault, because they are afraid that their family will be torn apart.” While undocumented families have always lived with the fear of deportation, the current political climate is amplifying those fears.

Reports are coming in from around the country showing a strong correlation between the Trump administration’s immigration policies and a drop in crime reporting in immigrant communities. We know reports of rape and domestic violence against women are chronically underreported for many reasons, including the very real fear that the criminal justice system will fail the victim. Now, under the Trump administration, the very act of reporting any crime to law enforcement has become unbearably more dangerous for millions of immigrant families in America.

Just last month California’s Chief Justice said, “When we hear of immigration arrests and the fear of immigration arrests in our state courthouses, I am concerned that that kind of information trickles down into the community, the schools, the churches. The families and people will no longer come to court to protect themselves or cooperate or bear witness,” she said. “I am afraid that will be the end of justice and communities will be less safe and victimization will continue.” As an employment attorney in California, I share these concerns.

Immigration policies that discourage individuals from reporting crime is bad for America. They cannot be justified on the grounds they are part of broader campaign to find and deport “bad hombres.” More crime victims, including legal residents and American citizens, will remain silent and unprotected, and more perpetrators of crime will go unpunished, because of these policies. Whether Trump’s promised border wall is ever built, his anti-immigrant rhetoric and ICE directives have already constructed formidable barriers within America.

Silencing Employees

When those same immigration policies discourage individuals from reporting violations of employment laws, our workplaces become more dangerous too. Imagine the conversations immigrant families across America will be having about their workplace rights in the coming years. Workers will be forced to decide whether the risks of deportation of themselves or a family member makes it worth challenging wage theft, discrimination, harassment or workplace safety violations. If an undocumented worker complains about the absence of a safety guard on a factory machine or the lack of personal safety devices by filing an OSHA claim or civil lawsuit, she might be arrested and torn away from her American-born children. So, she doesn’t complain, and the workplace protections we have fought for are placed in jeopardy for all.

In the past I have assured undocumented workers that prosecuting employment claims in court likely will not subject them to heightened ICE scrutiny. I continue to believe this to be true today. Although lawsuits are open to the public, they are in practice private affairs that concern only the litigants. Employees are almost never required to step foot near the actual courthouse where their cases are pending. Most cases settle out of court and are subject to confidentiality. The immigration status of the employee is deemed by law to be entirely irrelevant and non-discoverable in almost every employment case.

Trump’s deportation directives will not change the way employment lawsuits are resolved, whether they involve citizens, legal residents or undocumented immigrants. But his threats of deportation, coupled with stories of immigrant arrests in halls of justice across America, will make it far less likely that an undocumented immigrant will complain to anyone about working conditions.

Fewer immigrant workers will file employment-related claims during the Trump years, and not just those who are undocumented. In sanctuary cities like San Francisco where I practice law, the impact is not likely to be as great as elsewhere. In communities that support the Trump immigration agenda and accept his immigrant narrative, however, the fear of deportation is likely to keep a lot more workers quiet. And we know from long experience that any governmental policy designed to silence complaints about working conditions is not in our national interest.

About the Author: Patrick Kitchin is a labor rights attorney with offices in San Francisco and Alameda, California. He has represented thousands of employees in both individual and class action cases involving violations of California and federal labor laws since founding his firm in 1999. According to retail experts and the media, his wage and hour class actions against Polo Ralph Lauren, Gap, Banana Republic, and Chico’s led to substantial changes in the retail industry’s labor practices in California. Patrick is a 1992 graduate of The University of Michigan Law School and is personally and professionally committed to the protection of workers’ rights everywhere.

On May Day, Working People Across Borders Are United to Build Power

Monday, May 1st, 2017

Throughout North America and globally, May 1 is a day to remember and respect workers’ rights as human rights. As working people take to the streets in communities around the world, a quieter but equally important movement of workers on both sides of the United States–Mexico border has been growing.

Whatever language we speak and wherever we call home, working people are building power, supporting labor rights and fighting corruption—and we’re doing it together.

Our agenda is simple. We oppose efforts to divide and disempower working people, and we oppose border walls and xenophobia anywhere and everywhere. We want trade laws that benefit working people, not corporations. And we want economic rules that raise wages, broaden opportunity and hold corporations accountable.

Nearly 20 years ago, many independent and democratic Mexican unions began an alliance with the AFL-CIO.

We’ve developed a good working relationship. We’ve engaged in important dialogue and identified shared priorities. Now we are ready to take our solidarity to the next level, turning words into deeds and plans into action.

You see, we believe no fundamental difference exists between us. We share common values rooted in social justice and a common vision of the challenges before us.

The corporate elite in the United States and Mexico have been running roughshod over working people for too long. Corporate-written trade and immigration policies have hurt workers on both sides of the border.  We each have experienced the devastation caused by economic rules written by and for the superrich.

Those of us in the United States can see how unfair economic policies have destroyed Mexico’s small farms and pushed many Mexicans to make the perilous trek north or settle in dangerous cities. Many in Mexico are worried about their own families, some of whom might be immigrants in the United States today. Workers in the United States share their concern, especially as anti-immigrant sentiment has become disturbingly mainstream.

The truth is more and more politicians are exploiting the insecurity and pain caused by corporate economic rules for political gain by stoking hatred and scapegoating Mexicans and other Latin American immigrants.

We will not be divided like this. Workers north and south of the border find the idea of a border wall to be offensive and stand against the criminalization of immigrant workers. We need real immigration reform that keeps families together, raises labor standards and gives a voice to all workers.

Instead of erecting walls, American and Mexican leaders should focus on rewriting the economic rules so working people can get ahead and have a voice in the workplace. One of our top priorities is to transform trade deals like the North American Free Trade Agreement into a tool for raising wages and strengthening communities in both countries.

We’re outraged by the kidnapping and murder of the 43 students from the Ayotzinapa Rural Teachers’ College, as well as too many other atrocities to list.

America’s unions are democratic in nature and independent of both business and government, but that’s mostly not true in Mexico. A key step in ending violence and impunity in Mexico and raising wages and standards on both sides of the border is to protect union rights and the freedom of association in Mexico.

We’re united. We’re resolute. We are ready to win dignity and justice for all workers.

This blog was originally posted on aflcio.org on May 1, 2017. Reprinted with permission.

Richard L. Trumka is president of the 12.5-million-member AFL-CIO. An outspoken advocate for social and economic justice, Trumka is the nation’s clearest voice on the critical need to ensure that all workers have a good job and the power to determine their wages and working conditions. He heads the labor movement’s efforts to create an economy based on broadly shared prosperity and to hold elected officials and employers accountable to working families.

Dairy workers call on Ben and Jerry’s to give them better hours and fair wages

Friday, April 7th, 2017

This week, dairy workers are using an annual ice cream giveaway day by Ben and Jerry’s to bring awareness to the long, hard hours and low wages that many in the industry face.

In the state of Vermont and across the country, dairy workers and supporters of migrant farmworkers rallied outside the ice cream company’s storefronts on Tuesday to call attention to what they say are human rights abuses in the dairy supply chain.

Migrant workers called on Ben and Jerry’s—a company known for its progressive values—to implement the “Milk with Dignity” program as part of an agreement the company signed in 2015 to ensure that the cooperatives supplying the milk would improve the quality of life for migrant workers, such as providing a weekly day off, improving health and safety conditions, and alleviating overcrowded housing issues, among other labor conditions.

Two years out, Ben and Jerry’s has yet to implement the initiative despite sourcing its milk from cooperatives that may not care about the abuses of dairy workers. The ice cream company also placed partial blame on the advocacy group Migrant Justice for being slow to finalize the draft agreement.

“We’ve been working diligently with them since then on the details of how to successfully operationalize the program, which still needs finalizing,” a recent Ben and Jerry’s statement read. “We strongly support the goals of Milk with Dignity and believe that a worker led program is the best way to protect the rights and dignity of the workers on Vermont’s dairy farms. We remain committed to the agreement we signed and are continuing to work towards a successful conclusion with Migrant Justice.”

Thelma Gomez, a Migrant Justice member, is one of many Vermont dairy workers who want to see better conditions for people in their industry. Her husband, who works on a dairy farm that sells to the St. Albans Cooperative Creamery, which Ben and Jerry’s buys from, has worked seven days a week for the past two years because he doesn’t have any days off from work. As a result, he has missed out on crucial life milestones of their twin three-year-old daughters.

Gomez’s husband is far from alone. According to a 2014 survey of 172 dairy farmworkers across the state of Vermont, 40 percent of workers said they didn’t get weekly days off. Another 40 percent said they weren’t paid the Vermont state minimum wage; farmworkers aren’t covered by federal and most states’ wage laws. And 30 percent of workers reported overcrowded housing.

The dairy industry has come to rely on undocumented immigrant labor partly because Americans don’t want to do the work, but also because agricultural visas only cover seasonal work, which excludes the year-round dairy work process. As a result, some of the 1,500 immigrant dairy workforce in Vermont are exploited by employers to conduct harsh labor.

“These are undocumented workers who are filling this labor need because farms in Vermont have had to grow and consolidate in order to deal with the fluctuating prices in the industry,” Will Lambeck, a staff member with the Migrant Justice, told ThinkProgress. “[Farms] are growing but they’re still relying on cheap labor to get the job done, relying on workers who will work 60, 70, 80 hours a week without breaks, without days off, for what’s often pay below minimum wage.”

“Those are, by and large, undocumented workers,” Lambeck added.

Advocate Enrique “Kike” Balcazar (pronounced “Kee-kay”), a 24-year-old Mexican immigrant, helped establish the “Milk with Dignity” program at Migrant Justice because he wanted to change the 60-to-80 hour work weeks that he regularly faced. Most recently, he made national news after the U.S. Immigration and Customs Enforcement (ICE) agency detained him as he was leaving the Migrant Justice office. Balcazar has since been released on bail and is now awaiting a hearing before an immigration judge.

Though Lambeck would not comment on Balcazar’s immigration status, he believes ICE agents may have targeted Balcazar because he is a prominent organizer and frequently shows up for immigrant rights events.

The Trump administration’s harsh immigration policies have broadened enforcement priorities and empowered ICE agents to cast a wider net. Lambeck said he believes that the recent detention of Balcazar along with two other Vermont dairy workers was an intentional tactic to force immigrants to continue feeling “persecuted” and “precarious.”

“What ICE and the federal government wants, isn’t to deport every single immigrant in the country because they know that this country needs the labor of immigrant workers,” Lambeck said. “What the motivation of these sorts of attacks is and the federal policy behind them, is to create a class of that are so persecuted and so precarious in their status in this country that they accept conditions that they otherwise would not.”

This blog was originally posted on ThinkProgress on April 4, 2017. Reprinted with permission.

Esther Yu-Hsi Lee is the Immigration Reporter for ThinkProgress. She received her B.A. in Psychology and Middle East and Islamic Studies and a M.A. in Psychology from New York University. A Deferred Action for Childhood Arrivals (DACA) beneficiary, Esther is passionate about immigration issues from all sides of the debate. She is also a White House Champion of Change recipient. Esther is originally from Los Angeles, CA. Contact her at EYLEE@thinkprogress.org.

Modern-day Braceros: The United States has 450,000 guestworkers in low-wage jobs and doesn’t need more

Friday, March 31st, 2017

On César Chávez Day, lost in all the news about the Trump administration’s criminalization and scapegoating of immigrants and attempts to withhold federal funds from cities with policies that protect immigrants, are the 450,000 low-wage-earning migrant workers employed in the United States through the H-2A, H-2B, and J-1 visa temporary foreign worker programs. Many of the workers in these temporary visa programs are in a precarious situation and vulnerable to abuse and retaliation at the hands of employers and their agents.

These “guestworkers” often arrive in the United States in debt, and are tied to and controlled by their employers. Research shows guestworkers are often paid lower wages than similarly situated U.S. workers, and earn wages similar to those of undocumented immigrant workers. This is reminiscent of the Bracero Program—a large guestworker program in the 1940s, 50s, and 60s that admitted hundreds of thousands of Mexican workers to work temporarily on U.S. farms and in other low-wage occupations—and which César Chávez fought against. Chávez knew that exploited, indentured, and underpaid workers would degrade labor standards for all workers in the United States, including immigrants. After scandals, political pressure, and President John F. Kennedy campaigning against it, the program was terminated in 1964.

Sadly, America has not learned its lesson. The United States is repeating an historical mistake, once again admitting large numbers of guestworkers in low-wage occupations. With the possibility looming that the Trump administration will reduce enforcement and oversight in guestworker programs—which will be further exacerbated if Trump’s proposed 21 percent budget cuts to the Department of Labor (DOL) are enacted—the United States may once again face scandals like the one where the bodies of guestworkers who died in a traffic accident were not immediately claimed, because farm labor contractors and agricultural growers argued over who their employer was.

A snapshot of today’s low-wage guestworker programs

The H-2A program allows employers to hire workers from abroad for agricultural jobs that normally last less than one year, including picking crops and sheepherding. There is no numerical limit on H-2A visas, and in recent years, the H-2A program has grown sharply, doubling over the past five years to 134,000 workers, and accounting for nearly 10 percent of the crop labor force.

H-2B workers are employed in seasonal (nine months or less) low-wage nonagricultural jobs like landscaping, forestry, food processing, hospitality, and construction. There is an annual numerical limit of 66,000, but workers often stay longer than one year or have their stay extended. Despite the cap on the H-2B program, a “returning worker exemption” allowed 85,000 new visas to be issued in 2016.

The J-1 visa is part of the Exchange Visitor Program, a cultural exchange program run by the State Department that has 14 different J-1 programs, including programs that permit Fulbright Scholars to come to the United States, but also five de facto low-wage guestworker programs. J-1 workers in low-wage occupations are au pairs, camp counselors, maids and housekeepers, lifeguards, and staff restaurants, ice cream shops and amusement parks and national parks like Yellowstone. Only one of the five programs is numerically limited: the Summer Work Travel program is capped at 109,000 per year.

Numerous media reports and legal proceedings have documented how H-2A, H-2B, and J-1 guestworkers are treated poorly. For example, Buzzfeed News asked whether H-2A and H-2B are “The New American Slavery?” and Politico Magazine reported this week that the State Department covered up and lied about thousands of complaints received from J-1 workers. Immigrant worker advocates have been sounding the alarm bells about all three programs for years, but the employers who hire guestworkers continue to lobby for more visas and fewer rules that protect workers.

So, how many workers are employed in these three programs? Calculating the number of workers is not straightforward, and the government does not publish reliable data by visa. Using the same methodology I developed in this report, I estimate in Table 1 below that there were over 270,000 low-wage workers employed in the H-2A and H-2B programs in 2016.

 
Table 2 shows that the number of J-1 workers in low-wage occupations was 167,960 in 2015, and the number in 2016 was likely similar (2016 data on J-1 are not available).

Modern-day low-wage guestworker programs larger than Bracero at its peak

The grand total of guestworkers employed in low-wage occupations in all three programs in 2016 is 438,190 (Table 3), close to half a million, but many were not employed in the United States for the entire year. On average, H-2A workers were in jobs certified to last for seven months, more than half of the H-2B workers counted were employed for the entire year, and most J-1 workers counted were employed for four months, but one-third worked for the entire year.

Comparable estimates for the number of temporary Bracero workers are difficult to come by. The most commonly cited statistic is that there were almost 450,000 Braceros “admitted” in the peak year of 1956, meaning that this many workers authorized through the Bracero program entered the United States. However, using admissions to count unique workers, as many reports have done, is misleading. For example, the number of H-2A workers admitted in 2015 was more than 2.5 times the number of visas (a proxy for the number of workers) issued that year, in part because some H-2A workers live in Mexico and commute daily to jobs in the Arizona and California deserts, generating an individual, counted admission each time they enter the United States.

A Bracero worker’s job could last from six weeks to six months, also making it difficult to count the actual number of workers. To get a better measure of how many Bracero workers there were and what their impact was on the labor market, the DOL calculated the average annual number of Bracero workers, generating an estimate of full-time equivalent workers. The table below, from a 1973 study, shows 125,700 full-time equivalent (FTE) Bracero workers in 1956, the peak year for admissions, suggesting a ratio of 3.5 Bracero admissions per FTE job. The peak year for FTE Braceros was in 1959, at 135,900. (Ignore the number of “immigrants” below, which represents Mexican nationals who became permanent residents in those years.)

A similar “annual average” calculation of temporary, low-wage foreign workers present in the United States in 2016 would be lower than 438,000; but how much lower depends on the length of time that each individual worked in the United States. However, no matter how you count, there’s no question that there are more low-wage guestworkers today than there were Bracero guestworkers in the peak year for either Bracero admissions or FTE workers.

Lobbying blitz around guestworker programs is already underway, and will be exacerbated by the Trump administration’s immigration enforcement

Through an executive order, President Trump has already redefined the priorities for deportation so broadly that nearly every unauthorized immigrant is now considered a priority for detection and removal, and his administration is expected to step up enforcement against unauthorized migration on the southern U.S. border and at worksites within the interior of the United States. This will impact the five percent of the U.S. labor force that is comprised of unauthorized immigrant workers. Two-thirds of the entire unauthorized population has lived in the United States for at least 10 years, and unauthorized migration over the Mexico-U.S. border is at historically low levels, which means the Trump administration will mostly be trying to remove long-term residents who are integrated into the United States through employment and family ties.

If a significant number of unauthorized immigrants are removed and fewer new workers arrive, employers are likely to request more guestworkers, particularly in agriculture, landscaping, hospitality, and construction. Employers seeking new workers are likely to pressure the Trump administration and Congress to create new temporary foreign worker programs and/or expand the current programs, as well as to loosen and curb the enforcement of rules that protect migrant and U.S. workers. Specifically, employers are pressing Congress to eliminate the requirement to provide housing for H-2A workers and they want to remove the cap on H-2B visas.

This corporate lobbying blitz has already gotten underway, as many low-wage employers have become addicted to having indentured employees who can’t complain or legally search for a better U.S. job. Just yesterday, the Wall Street Journal editorial board called for more guestworkers in low-wage jobs, warning of a “growing labor shortage” in agriculture and construction. But they failed to mention that the earnings of most farmworkers are still extremely low and that the latest JOLTS data from the Bureau of Labor Statistics show there are three unemployed construction workers for every job opening—not exactly signs of a dire shortage.

Both Democrats and Republicans seem to have a soft spot for employers seeking low-wage guestworkers. At a recent hearing, Republican Governor Sonny Perdue and Democratic Senator Kristen Gillibrand discussed and described the H-2A program as too “cumbersome” for farm employers, even though there is no limit on the number of H-2A workers they can hire and DOL has processed 99 percent of applications in a timely way in 2017. Low-wage nonfarm employers persuaded 32 legislators to sign a bipartisan letterasking the Department of Homeland Security (DHS) to audit the H-2B program in an effort to build support to expand the program (by exempting returning workers from the 66,000 a year cap). Republican-sponsored legislation to do just that—exempt returning H-2B workers from the annual cap—was introduced in the House this month, with two Democratic co-sponsors.

Does the United States need to expand its modern-day Bracero programs?

Changing and loosening the rules in work visa programs could lead to a quick doubling of the number of low-wage guestworkers in the United States. Is one million low-paid, exploitable, indentured workers—who have no path to lawful permanent residence and citizenship—what the U.S. economy needs? César Chávez would say, “No!” Migrants who come to the United States and contribute to the economy should be afforded civil, human, and labor rights, and a chance to become American.

Furthermore, the number of jobs for workers with a high school degree or less has not yet recovered to the pre-recession levels of late 2007, and wages for less-educated workers have stagnated. In other words, labor market indicators do not suggest the United States needs more low-wage guestworkers. Then why are employers and Congress fixated on this? Changing the low-wage labor market in this manner deserves a fully informed public debate and Congress should be held accountable. Any expansion of low-wage guestworker programs should not occur through deregulation at the federal agency level or via must-pass omnibus appropriations legislation, as has occurred time and time again over the last decade.

This article was originally posted at EPI.org on March 31, 2017. Reprinted with permission.

Daniel Costa has been director of immigration law and policy research since 2013, having joined EPI in 2010 as an immigration policy analyst. An attorney, his current areas of research include a wide range of labor migration issues, including the management of temporary foreign worker programs, both high- and less-skilled migration, immigrant workers’ rights, and forced migration, including refugee and asylum issues and the global migration crisis.

AFL-CIO Report Warns TPP Will Force Another Mass-Migration Into US

Friday, October 28th, 2016

dave.johnsonTrade agreements can be used to boost prosperity on all sides of trade borders by increasing business opportunities, raising wages and increasing choices. Or they can be used to concentrate corporate power, cutting wages and choices.

Guess which model our country’s corporate-written trade agreements have followed? (Hint: look around you: we have ever-increasing concentration of corporate power and concentration of wealth, limited competition, falling wages and limited opportunities to start new businesses.)

One way our corporate-written trade agreements have hurt most of us has been through forcing working people to compete in a race to the bottom. The effects on most of us are just devastating. For example:

“The Men Have Gone To The United States”

The North American Free Trade Agreement (NAFTA) forced many small Mexican farmers out of business. Many of these small farmers were forced to migrate north in search of a way to make a living.

A McClatchy Newspapers report from February, 2011, “Free trade: As U.S. corn flows south, Mexicans stop farming,” examined the dynamic:

Look around the rain-fed corn farms in Oaxaca state, and in vast areas of Mexico, and one sees few young men, just elderly people and single mothers.

“The men have gone to the United States,” explained Abel Santiago Duran, a 56-year-old municipal agent, as he surveyed this empty village in Oaxaca state.

… A flood of U.S. corn imports, combined with subsidies that favor agribusiness, are blamed for the loss of 2 million farm jobs in Mexico. The trade pact worsened illegal migration, some experts say, particularly in areas where small farmers barely eke out a living.

The Communications Workers of America (CWA) gathered migration facts in, “How U.S. Trade Policy Has Contributed to Mass-Migration to America.” Some of the numbers:

In total, nearly 5 million Mexican farmers were displaced while seasonal labor in agro-export industries increased by about 3 million – for a net loss of 1.9 million jobs.iii

The annual number of immigrants from Mexico more than doubled from 370,000 in 1993 (the year before NAFTA went into effect) to 770,000 in 2000 – a 108% increase.

That Was Then, This Is TPP

Now another corporate-written “trade” agreement called the Trans-Pacific Partnership (TPP) is probably coming before Congress in the “lame duck” session following the election. Like NAFTA, this agreement is likely to cause another forced migration northward from Mexico, Central and South American countries as jobs move from those countries to even lower-wage countries like Vietnam.

A report from the AFL-CIO titled “Trading Away Migrant Rights: How the TPP Would Fuel Displacement and Fail Migrant Workers” warns:

The TPP categorically fails to protect workers in the Pacific Rim. As currently drafted, the TPP would increase corporate profits and power while exposing working people to real and predictable harm, including lost jobs and lower wages. Migrant workers already are subject to extreme rights violations in some TPP countries, and this new trade deal would make it even harder for many families to find decent work at home.

The TPP is a recipe for destabilizing communities, perpetuating low wages and stifling labor rights—all of which are factors driving migration.

On a Monday press call discussing the report Celeste Drake, Trade and Globalization Specialist with AFL-CIO, explained how the report shows that TPP is likely to make working families in TPP countries less secure.

The agreement fails workers by offering no transition assistance or safety net for workers who lose their jobs. Mass displacements are not easily remedied which can spur mass migration. Then as economic factors increase migration TPP provides displaced workers with no protections, no labor rights and does not set up a task force to address trafficking and abusive practices by labor recruiters.

Shannon Lederer, AFL-CIO’s Director of Immigration, explained that migration should be a choice not a necessity for survival. Trade should lift all boats, not facilitate a race to the bottom. But TPP would not help to advance these goals. It would in fact make efforts to achieve them harder. She also noted that TPP has a complete lack of protections for migrant workers. Migrant workers face exploitation and trafficking.

The AFL-CIO report explains how TPP will kill jobs in Mexico , Central and South America, forcing people to migrate:

The TPP is poised to disrupt North and Central American supply chains by granting substantial trade benefits, including eventual duty-free access for all TPP countries to the U.S., Mexican and Canadian markets. This will set CAFTA and NAFTA countries up against even lower wage countries in the TPP like Vietnam and Malaysia.

… The inclusion of Vietnam in the TPP is a major concern to apparel workers due to the size of Vietnam’s apparel industry and extensive government subsidies and ownership of large apparel manufacturing facilities. Vietnam is already the second-largest textile and apparel exporter to the United States, shipping more than $11 billion in product to the United States in 2014. This level could surge under the TPP, which would put enormous pressure on Central American manufacturers and workers. Much Central American production could transfer to Vietnam, with its lower wages and authoritarian regime, further degrading Central America’s jobs base and uprooting those dependent on textile jobs.

Likewise, Malaysia’s electronics industry is rife with forced labor, according to the U.S. government’s own reports; yet the TPP would force workers in Mexico’s maquila sector to compete with Malaysian production standards. Loose rules of origin requirements mean that competition not only will come from Vietnam and Malaysia, but also China. Workers in the Americas displaced by these factors may have few options but to emigrate in search of better opportunities in the United States and elsewhere.

Meanwhile, changing economic opportunities associated with increased production and growth in countries like Brunei, Malaysia, Peru and Vietnam could amplify job churn and both “push” and “pull” workers into countries with poor labor rights records.

TPP offers nothing to protect these workers or protect the rest of us from the resulting race to the bottom. But maybe that’s the point.

This post originally appeared on ourfuture.org on October 26, 2016. Reprinted with Permission.

Dave Johnson has more than 20 years of technology industry experience. His earlier career included technical positions, including video game design at Atari and Imagic. He was a pioneer in design and development of productivity and educational applications of personal computers. More recently he helped co-found a company developing desktop systems to validate carbon trading in the US.

Supreme Court Should Approve Policies that Will Provide Much-needed Relief to Immigrant Working Families

Wednesday, January 20th, 2016

Richard L. TrumkaWe applaud the Supreme Court’s decision to take up the DAPA and expanded DACA case, which will have profound consequences for our immigrant brothers and sisters who live and work every day under a cloud of fear, as well as for the state of racial and economic justice in our country. We are confident the court will reverse the decision of the 5th U.S. Circuit Court of Appeals and allow the Deferred Action for Parents of Americans and expanded Deferred Action for Childhood Arrivals policies to go into effect, affording millions of people the opportunity to apply for work authorization and temporary protection from deportation. We encourage the Department of Homeland Security to take all steps necessary to ensure these much-needed policies can be implemented as soon as possible after the court issues its decision this summer.

At a time when working people feel increasingly disposable and deportable, when corporations are allowed to profit from the mass imprisonment of people of color, when our government is rounding up refugee families from their beds at night, and when we are confronting at so many levels the racial bias deeply entrenched in our laws and their enforcement, the outcome of this case will have a significant impact on the direction our nation takes moving forward.

At heart, the question the Supreme Court will consider is whether our immigration enforcement regime will be allowed to take modest steps to begin to protect and empower hardworking people, or whether it will continue to serve as a tool to exclude and oppress.

Much is at stake in this case, but working people do not need a court ruling to tell them what is just. In the face of criminalization, exploitation and base attempts to sow division, we will continue to work in every community in the country to build what we believe is the only true antidote: solidarity.

This blog originally appeared in aflcio.org on January 19, 2016. Reprinted with permission.

Richard Trumka is the president of AFL-CIO, the largest organization of labor unions in the country.  He is an outspoken advocate for social and economic justice.  Trumka heads the labor movement’s efforts to create an economy based broadly on shared prosperity and to hold government and employers accountable to working families.

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