Thread: 'Immigrant' Workers Roused to Seek Wage Rights

APRIL 5, 2010.

Workers Roused to Seek Wage Rights

By MELANIE TROTTMAN

The Labor Department is encouraging low-wage and immigrant workers to turn in employers who are shortchanging their pay, as part of an expanding effort to enforce wage and hour rules.

Labor Secretary Hilda Solis launched a campaign last week called "We Can Help," asking workers in industries from construction to food services to notify the agency of suspected wage and hour violations.

The agency is also relying on tips from worker advocacy groups, widening efforts by the Obama administration to enlist activist groups to help with enforcement in a range of sectors from toy safety to distracted driving.

However, business groups are expressing concern that the Labor Department's effort will generate unfounded complaints.

Ms. Solis, a Hispanic-American, has signaled from early in her tenure that stepping up enforcement of wage and hour rules would be a high priority. The Labor Department's wage and hour division recently hired more than 250 additional investigators—an increase of one third—and is rolling out a publicity campaign that includes bilingual public-service announcements in Spanish and English.

The ads feature activists like Dolores Huerta, co-founder of the United Farm Workers of America, and actor Jimmy Smits, who has Puerto Rican roots and played a successful Hispanic presidential candidate in the TV drama "The West Wing."

The agency and independent groups, including labor federation AFL-CIO, will also distribute posters, fact sheets and booklets on pay and how to report complaints. The agency says its message isn't limited to low-wage and immigrant workers, but it is focusing on these groups because it says they tend to be most vulnerable. "It's about making sure that people know we're here and they know how to reach us," said a Labor Department spokesman, who noted protections cover pay for both legal and illegal immigrants who the agency says it won't punish because of their status.

The Obama administration has been pushing to step up enforcement of wage and hour laws—a top agenda item for unions that were key supporters of President Barack Obama's election campaign and his health-care bill.

Since the beginning of 2009, the wage and hour division has recovered more than $171 million in back wages for at least 214,000 workers. The Labor Department didn't provide any comparison figures for back wages collected under President George W. Bush.

Bill Lurye, associate general counsel for the AFL-CIO, said the group's affiliates would disseminate material to workers, arrange meetings between workers and wage and hour staff, and hold forums at union halls where workers can watch videos about minimum wage and how to track their hours worked.

"We think the campaign is a creative and reasonable way to inform workers of their rights under the Fair Labor Standards Act," he said.

Business groups and management-side lawyers say they are concerned the campaign will result in more litigation toward employers, some of it frivolous.

"We would hope that the department would carefully review those [complaints] before bringing charges against employers because employers, particularly small ones, are going to have to use a considerable amount of resources to prove their innocence," said Randel Johnson, senior vice president of labor for the U.S. Chamber of Commerce.

Mr. Johnson also questioned the appropriateness of the agency's partnerships. "Deputizing people outside the government who may have their own agendas is troublesome," he said.

Other federal agencies are also leveraging outside resources. Inez Tenenbaum, the Obama-appointed chairwoman of the Consumer Product Safety Commission that came under fire during the Bush administration for a rash of toy safety recalls, hosted a group of state attorneys general in October to discuss ways to better work together to enforce the law.

Transportation Secretary Ray LaHood is working with a new nonprofit group to raise awareness about the dangers of distracted driving. Some states have passed laws banning texting or handheld cell-phone use while driving, but Congress hasn't enacted legislation to fill the gap.

Mr. LaHood has said he planned to work with and push Congress to take action, but in the meantime, he said, "[we] can't do it all ourselves."

Write to Melanie Trottman at melanie.trottman@wsj.com

http://online.wsj.com/article/SB1000142 ... 02908.html

If illegal aliens turn in their employer for wage and hour violations
the employer gets what he deserves for hiring them in the first place.

Furthering the presence of illegal aliens is still a federal crime. I wonder if there is lawsuit potential in this?

And after they charge the employers with wage violations, they should then charge them with hiring illegals and fine them as much as possible.

The company dumps the American worker who has fought for decent wages and benefits for so many years and replaced them with illegal aliens who would work for less money and no benefits. Now the illegals want the decent wages and benefits the Americans fought so hard for and with the government's help, they will get them. Its pay back time for the employers who have stuck it to the hard working Americans who are now out of work. Looks like that CHEAP LABOR doesn't look so good any more.

If illegal aliens turn in their employer for wage and hour violations
the employer gets what he deserves for hiring them in the first place.

Yes, and the illegal aliens should get everything that is coming to them too, including the loss of their illegally held job.

Any complaint turned in should automatically generate an audit of the company. If done correctly the audit will identify wage discrepancies and illegal aliens. After the audit is complete, five things should happen:

1. The illegals should be payed their lost wages.

2. The company should be forced to fire their illegal labor.

3. The company should be penalized.

4. Those individuals directly responsible for the hiring of illegals should be punished according to law.

5. The company's hiring practices should be closely monitored in the future.

It would be contrary to law for the offending company to continue the employment of an illegal workforce. IMO, there can be no compromise on this point.

Companies can't continue to employ the illegal aliens if we deport all of them.

JohnDoe wrote:

Companies can't continue to employ the illegal aliens if we deport all of them.

I agree. However, if we haven't learned anything else, we've learned that that is not going to happen. The Obama administration (just like the Bush administration) and the U.S. Congress don't possess the intestinal fortitude necessary to do what needs to be done where mass deportation is concerned. Unfortunate, but true.

"We would hope that the department would carefully review those [complaints] before bringing charges against employers because employers, particularly small ones, are going to have to use a considerable amount of resources to prove their innocence," said Randel Johnson, senior vice president of labor for the U.S. Chamber of Commerce.

Here's a tip...DON'T HIRE ILLEGAL ALIENS!!!!

Those who hire illegal aliens should be fined millions and all their illegal alien employees should be charged , processed and deported, along with their families! Don't make it just about the employers, the illegals need to be deported too!

Now I thought corporations and businesses hired illegals for cheaper labor. This is BS. I know several illegals at my job who have stolen someone's identity and are gettng paid minimum wage or better. Some even become managers. And they say illegals only do jobs Americans don't want to do.