Thread: How to Hire a Day Laborer

Judi Hasson/MSNBC: how to hire (most likely illegal) day labor
http://articles.moneycentral.msn.com/Sa ... spx?page=1

Judi Hasson of MSNBC Money offers "Dirt-cheap day labor". On the first page, she lists all the downsides of hiring day laborers, which she acknowledges are probably here illegally, even refering to the "underground economy". Then, on the second page, she gets down to business and tells people how to engage in illegal activity:
What are the chances of a homeowner being caught?

"Virtually none at all," says San Diego attorney Jeff Isaac, who calls himself "a lawyer in bluejeans" for his practical approach to the law...

[don't do this if you expect to run for office!]

...Cecilia Munoz, the senior vice president for the National Council of La Raza, a national Hispanic civil-rights organization, also pointed out that employers are not expected to be able to spot whether these documents are valid, and for day labor, employers "tend not to check."

Though it is illegal to hire an undocumented worker, the law is seldom enforced...
Unfortunately, we don't know whether Munoz knew this was going to be a "tips" article, so we can't say with certainty that she's advocating illegal activity.

Then, Hasson features a "If you decide to hire a day laborer" section with five helpful tips.

Coming next from MSNBC Money: "If you must cook meth, here's how to do it... safely and cheaply!"
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Dirt-cheap day labor
Need help with a home project? In many cities, you'll find ready workers hanging out in store parking lots or at intersections. But you might be a lawbreaker if you hire them.
http://articles.moneycentral.msn.com/Sa ... spx?page=1

These jobs are typically too small to attract the attention of a contractor -- but not so small that an entire industry hasn't sprung up to accommodate them. In most cities of any size, there's a ready pool of cheap labor available on short notice, congregating in parking lots near the local Home Depot or a similar store, or at high-traffic intersections.

The catch: There's a chance you could be prosecuted if you pay an illegal worker more than $50 or don't pay your share of Social Security taxes. Beyond that, any work the laborer does comes without a guarantee. And you've invited a stranger into your home.

This underground economy is thriving. A snapshot of one business day last year found 117,600 day laborers working or looking for jobs at 500 sites, according to a January 2006 study funded by the Ford Foundation and other think tanks. Three-quarters of them were undocumented workers.

Video: A drive-up day-labor center in Herndon, Va.

Almost half of those workers were hired for household chores. The top jobs were construction, gardening, painting and drywall installation, according to the study, "On the Corner: Day Labor in the United States."

About 12 million undocumented workers live in the U.S., 7 million of them working for companies or picking up odd jobs, according to immigration experts.

Some communities, fed up with the inability of Congress to deal with illegal-immigrant problems, have passed their own laws to crack down on hiring day workers. Other towns, such as Herndon, Va., not far from the nation's capital, have set up specific places where day workers can wait for employers to drive by looking for workers.

The legal tangle
"The share of private homes hiring illegals goes up every year," says Steven Camarota, the director of research for the Center for Immigration Studies in Washington, D.C.

"It's hard to find labor on a periodic basis," a Cave Creek, Ariz., homeowner who uses day labor told The Arizona Republic. "There's no other source up here to find someone."

Even though it's just a day's work, you're still considered an employer. As such:

If you pay a worker more than $50 a month, you must pay the employer's share of Social Security taxes and withhold federal income taxes. These rules apply even if the worker is not a citizen.

You must fill out an I-9 form, an employer verification notice required by immigration authorities. It is available on the U.S. Citizenship and Immigration Services' Web site. You don't have to file it with any government agency, but just in case government officials ever knock on your door to see the form, keep it handy.

You are required to see two valid identifications from each worker, including one with a photo.

What are the chances of a homeowner being caught?

"Virtually none at all," says San Diego attorney Jeff Isaac, who calls himself "a lawyer in bluejeans" for his practical approach to the law.

However, if you are planning to run for public office or have your eye set on a confirmable position, hiring an undocumented worker may be enough to wreck your career plans.

Cecilia Munoz, the senior vice president for the National Council of La Raza, a national Hispanic civil-rights organization, also pointed out that employers are not expected to be able to spot whether these documents are valid, and for day labor, employers "tend not to check."

Though it is illegal to hire an undocumented worker, the law is seldom enforced. And in the cases where it is, authorities focus on companies that hire many illegal immigrants. These companies can be fined and the undocumented workers possibly deported to their home country.

Safety: Yours and theirs
If a day laborer is injured on your property, he could sue you or seek to make a claim on your homeowners insurance policy.

Because some insurance companies have riders that prohibit payments to illegal workers, it might be a good idea to see what you are liable for before you head down this hiring route.

Whether a homeowners policy would cover an injured day worker depends on state workers-compensation law and whether any employer is required to have coverage. Citizenship is not a factor. If state laws do not apply, then a homeowner's liability and medical coverage may cover an accident.

Though it is illegal to hire an undocumented worker, the law is seldom enforced...

This is a gross understatement since cities are actually building and sponsoring day labor pick-up sites in furtherance of the criminal activity.

You could also be robbed, raped or murdered or maybe catch an exotic disease such as drug-resistent tb, while hauling around your cheap labor....but hey, you're saving money!