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Indentured Servants, Circa 2009 PDF Print E-mail
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Sunday, 22 March 2009
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Indentured Servants, Circa 2009
Holding the Cards
Feeble Enforcement
Speaking Out
Recruiting Abuses
 

Feeble Enforcement

Finally, the DOL’s enforcement of the rules is feeble: In 2004, it checked violations at 89 out of the 6,700 farms with H2A workers. At the 8,900 work sites with H2B workers, the DOL inspected none.

When this reporter tried to update the numbers, Jennifer Kaplan and Susan Bohnert of the DOL’s Washington DC press office, insisted the agency doesn’t collect them. A supervisor repeated the story.   

Without DOL data, advocate groups have no way to tally the true extent of violations, notes Ramon Ramos, a paralegal for 30 years with Texas Rio Grande Legal Aid: Their own statistics only cover a small number of worksites. Worse, when they try to get DOL figures, the states’ DOL offices, like the national one, stonewall.

Even when advocates like Legal Aid and SPLC learn of violations and win cases against employers, the DOL sits on its hands: H2B workers sued Shores and Ruark Seafood of Virginia for $150,000 in back wages and won, and the company was fined.

Although the DOL cited the company two other times for wage violations, it still approved the firm’s application for new workers. In Arriaga v. Florida Pacific Farms, a judge ruled the company had to repay workers’ transport and visas fees. But the DOL didn’t enforce the decision.

Bauer says another problem is that DOL’s program is completely hidden. “When a worker calls us about an abuse, we need to see his contract and learn if the DOL has inspected the workplace for violations.” But the DOL insists this information is “secret” — between employers and the DOL — and the SPLC must file Freedom of Information (FOIA) requests to get it.

And this, in turn, spells gridlock. When the SPLC filed a case against the Mississippi DOL in 2007 for not providing information, the judge ruled in SPLC’s favor. Displeased with the decision, the state promptly passed a law saying its DOL office was not obliged to give the information. Seizing on the successful strategy, Kentucky passed a similar law in 2008. Where local DOL offices do respond, the answers arrive two years later, when the workers are long gone.



Last Updated ( Sunday, 22 March 2009 )
 
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