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9/18: Wage theft and local opposition threaten day laborers (1)
Released 15 October 2015  By Haya El Nasser -

Wage theft and local opposition threaten day laborers

Courts rule anti-day laborer local ordinances covering hundreds of thousands of workers are unconstitutonal

Haya El Nasser -
September 18, 2015

LAGUNA BEACH, California — Every day starting at 6 a.m. about two dozen men, mostly Latinos, arrive at a roadside site off of winding Laguna Canyon Road and wait for cars and trucks to pull up and offer them day jobs.

Sometimes the pay is good, even higher than the federal minimum wage. But all too often, these men work all day and never get all the money they were promised.

It happened just the day before to Miguel Lopez, 56, a Mexican immigrant who has been in the U.S. 18 years. A man hired him and two others to do some planting in a gated community in posh Laguna Niguel. They were promised $120 each for 8 hours work. Once they got there, the man pressured them to work faster and faster and when they finished in a little over seven hours, he paid them only $95.

“He pushed, pushed, pushed all day and then he said $95,” said Lopez, who was appalled that the man told them to go to the bathroom outside rather than let them in to the house.

There are hundreds of thousands of day laborers across the nation, a number that is impossible to pin down because most are part of an informal network that is extremely difficult to track. Some hang out on street corners, others in the parking lots of Home Depots and Lowe’s home improvement stores. Others report to an assigned area, usually sponsored by the city or community organizations.

It is estimated that more than 100,000 day laborers are either looking for work or employed in an informal work arrangement on any given day, according to a 2006 study by researchers at several universities.

Once confined to ports of entry along the East and West coasts, day labor is now a nationwide phenomenon that has spread to small and rural towns across America from the Midwest to the South.

The research showed that about 40 percent of day laborers have been in the country more than six years. Three-fourths are undocumented.

Another study by Abel Valenzuela, Jr., chair of the César E. Chávez Department for Chicana/o Studies at the University of California Los Angeles, put the numbers of day laborers in southern California alone at an estimated 15,000 to 20,000.

It is estimated that the slumbering economy and tight job market has pushed the numbers of day laborers even higher.

“After 2008, when the housing market collapsed, some contractors were coming to day labor centers themselves looking for work,” said Pablo Alvarado, executive director of the National Day Labor Organizing Network.

The organization works to protect the constitutional rights of residents to find work, even on street corners. It won challenges to local ordinances barring the practice in 15 municipalities. The biggest victory was in 2011 in Redondo Beach, California, where day laborers were getting arrested. A U.S. 9th Circuit Court of Appeals ruled the city’s ordinance unconstitutional. The following year, the U.S. Supreme Court denied to hear the city’s appeal of the decision.

“There are fewer localities trying to pass these ordinances now,” Alvarado said. “For us, it’s important because they deserve the constitutional right to stand on the sidewalk and look for work.”

There was another victory earlier this month in Oyster Bay on the north shore of New York’s Long Island. A federal court judge ruled after a five-year court fight that a law enacted to bar day laborers from soliciting work on town sidewalks and streets is unconstitutional.

Now, there are more women joining the ranks of day laborers or “jornaleros” as house cleaners and child care workers.

“The safety issues for the workers is really not being talked about,” said Haeyoung Yoon, director of strategic partnerships at the National Employment Law Project. “Women often experience sexual harassment.”

And because day laborers are usually paid cash, they’re often target of robberies, said Salvador Sarmiento, legislative director of the national day laborer group.

Those assaults often go unreported because “immigrants are uncomfortable reaching out to police,” he said.

But the greatest threat to day laborers is exactly what Lopez experienced: wage theft.

“It’s a huge, huge problem in the day labor industry,” Yoon said. “People are hired for one, two days and, in the end they are either underpaid or not paid. There are huge minimum wage violations.”

Organizing day labor centers

Advocates are pushing for organized day laborer centers, either at an assigned location, such as the one here in Laguna Beach, or through a formal jobs center.

“When they’re organized, they’re an asset to communities,” Alvarado said. “It’s good for everybody.”

But there is often opposition from the community.

“A lot of folks are using the services these day laborers are providing, whether it’s renovating a house or cleaning a house,” said Fernando Romero, executive director of the Pomona Economic Opportunity Center in Pomona, California. “But they don’t want it around. We have to change the mindset … I’m sure in every city there is a corner somewhere.”

The National Day Labor Organizing Network is trying to establish hiring centers in North Carolina. New York City for the first time is supporting worker centers in all five of its boroughs, even providing funding in the 2016 fiscal year.

Having organized day labor centers “is night and day when you’re talking about the vulnerability of a worker,” Romero said. Without some type of a network, “You get picked up and get in to a car and you have no idea where they’re taking you.”

The number of day laborers has grown as families find it difficult to meet skyrocketing housing prices.

“It’s hard to pay rent even with two incomes,” Romero.

That’s why more women are seeking day jobs. The Pomona jobs center created the Women Workers’ program earlier this summer to find day jobs for women. About a dozen women are placed in jobs — many of them to clean homes or office buildings. Because they’re placed by the center, they are less likely to be taken advantage of than those who are hired off the street....

(Continue Part Two..)

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