Wage theft: the forgotten crime wave

Cross-posted from WagingNonviolence.org.

Low-wage workers and community supporters gathered in more than forty cities across the U.S. on Thursday to condemn wage theft, the illegal underpayment or non-payment of wages. The National Day of Action to Stop Wage Theft was organized by Interfaith Worker Justice, a national alliance. Wage theft is a national crime wave that robs millions of workers of billions of dollars.

Low-wage workers in New York City, Chicago, and Los Angeles were cheated of an average $51 a week, according to a recent report co-authored by several universities, entitled, “Broken Laws, Unprotected Workers: Violations of Employment and Labor Laws in America’s Cities.” Among the workers surveyed, 1 in 4 were paid less than the legally-required minimum wage, and 3 out of 4 who worked overtime hours were not paid the legally-required overtime.

Employers were creative in stealing wages: promising higher wages but paying only the minimum, paying less than minimum wage, not paying for all hours worked, misclassifying workers as exempt from overtime pay, deducting equipment or transportation “fees” from paychecks, stealing tips, misclassifying workers as independent contractors, or simply not paying workers at all.

In July, Rep. George Miller (D-CA) introduced the Wage Theft Prevention Act (H.R. 3303), which begins the statute of limitations from the date the employer is notified instead of the date of the theft. Under current law, delays result in permanent loss of back pay. Legislation is also moving at the state-level. In Ohio this week, State Senator Morano introduced the Wage Protection Act, empowering the state commerce department to investigate more complaints.

But advocacy for workers happens at the day-to-day level by affiliates of the national Interfaith Worker Justice, such as the Cincinnati Interfaith Workers’ Center, which canvassed yesterday across the city to reach low-income workers. Since 2005, the small organization has taken over 500 wage theft reports and helped recover over $500,000 in unpaid wages. The Cincinnati group aims to empower workers to challenge dangerous working conditions and educate workers about how to defend their rights, including the rights of immigrants.

“I had to make decisions on whether to pay rent or buy food,” said Cincinnati resident Frazier Kidd, who explained his struggle after being cheated of promised wages. “Thou shalt not steal,” said Kim Bobo, Director of the national Interfaith Worker Justice. “It’s a pretty straightforward message.”

“Toughest sheriff” deprived of racist program

Cross-posted from WagingNonviolence.org.

“America’s Toughest Sheriff” Joe Arpaio of Maricopa County, Arizona, whose cruelty we profiled in July, will be making fewer arrests on behalf of America.

Last month, the US Department of Homeland Security restricted Arpaio’s 287(g) contract. Named for section 287(g) of the 1996 Immigration and Nationality Act, the 287(g) program authorizes police officers of participating agencies to act as immigration enforcement agents. Under the new contract, Arpaio’s deputies may no longer make immigration arrests in the field, only among inmates in his jails.

Nevertheless, Arpaio appears poised to continue harassing communities of color with his notorious, racially profiling “sweeps.” That’s not surprising given previous investigations showing Arpaio would rather use limited public safety funds to round up taxpaying people instead of promptly replying to 911 calls.

In restricting Arpaio’s ability to make immigration arrests, the Department of Homeland Security (DHS) apparently responded to numerous complaints, including a high-profile letter to President Obama criticizing the entire 287(g) program. In a feat of organizational prowess, the letter was signed by over 500 advocacy groups organized by the National Immigration Law Center.

But stripping Arpaio of his full contract does not go far enough. Rampant abuses of police power across the U.S. (such as in Cobb County, Georgia, as the ACLU documented) indicate that Arpaio was not just a bad apple, but that 287(g) is a racist and counterproductive program that should be terminated altogether.

287(g) undermines public safety because immigrant communities stop cooperating with the police, even hesitating to call the fire department, according to law enforcement groups like The Police Foundation. As L.A. Police Chief William Bratton explained, “My officers can’t prevent or solve crimes if victims or witnesses are unwilling to talk to us because of the fear of being deported.”

The Hispanic Congressional Caucus recently sent a letter to President Obama asking him to terminate all 287(g) agreements and end the program because the “misuse of the 287(g) program by its current participants has rendered it ineffective and dangerous to community safety.” For similar reasons, a government task force of national security experts also panned the program.

Federal officials have pledged greater oversight of 287(g) including directing police to focus on serious crimes and to abide by anti-discrimination laws (as if police were not bound by anti-discrimination laws before). Numerous task forces, reports, and personal accounts of victimized people indicate that 287(g) programs endanger our safety and codify racist abuses. But under the Obama Administration, the flawed program is slated to persist and sadly, even expand.

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