Polarization of American labor market

A recent paper has proposed a “polarization” of the American labor market. This trend is directly relevant to how immigrants gain entry into the domestic economy.
Per the authors, work is expanding at the high and low ends with little or no growth in the “routine’ job middle, where the IT revolution (including enabling massive off-shoring) is destroying domestic jobs. The vast majority of immigrants would fit into the lower end of the polarized market. This raises in my mind concerns about what integration into the American economy means for the large majority of immigrants. I conversed by email with David Autor, one of the authors.

Continue reading Polarization of American labor market

Oakland garment workers and failure to file claims

This is a hot research topic. I recently entered a posting of 2002 study of Asian garment worker injuries in Oakland. I mentioned in the posting that while it offers useful insights into how immigrant workers experience injury risks at work, the study is flawed in its interpretation of the self-reported injury data. The research team was, simply stated, unaware of how injury experiences turn into workers comp claims.
Two researchers at Michigan State University, Jeff Biddle and Karen Roberts, published an article based on a large survey of Michigan workers. I use this study as a benchmark for how American citizens working for established large employer file workers comp claims (or do not). Immigrant worker experience should be contrasted with the MSU findings. Many in this study do not file, even for disabling injury. Some of them could access other benefits. But that’s not the whole complex and engaging picture. If you need to understand underreporting by immigrants compared to the norm, get their analysis in the December 2003 issue of Journal of Risk & Insurance.
RAND issued in 2005 a study of the effect of health insurance coverage on work injury claiming behavior of workers. Both the Rand and the Biddle and Roberts study reflect a more sophisticated understanding of workers comp.

New IL law to protect labor rights of day laborers

Public Act 94 -0511 (HB 3471), Illinois’ new Day Labor act went into effect January 1, 2006. This act is designed to fill a gap in labor protection laws.
The National Law Employment Project has said that the majority of workplace laws protecting day laborers and temporary workers were written for full-time, permanent employees. The short-term nature of the day labor and sub-contracting pose significant barriers to enforcement of laws and the workers do not receive the same benefits or wages as full-time permanent employees performing the same work.
Temporary employment agencies are integral to the day labor market. According to the Governor’s press release:

Although there are approximately 150 registered day and temporary labor service agencies with nearly 600 branch offices registered with the state, there are also many unlicensed agencies in Illinois.

Provisions of the Act include (per a press release from Governor’s Rod Blagojevich’s office):
Requiring agencies to provide workers with detailed employment and wage notices, which can be inspected by the IDOL;
Protecting day laborers’ paychecks from unreasonable deductions for meals and equipment;
Requiring agencies to pay workers for lost time when they are sent to a job, only to be sent back because the agency sent too many workers;
Requiring employers that contract with day or temporary labor agencies to verify that they are registered with IDOL or face monetary penalties;
Prohibiting agencies from charging workers fees for transportation between the agency and the job site and requiring that such transportation meet basic safety standards; and
Prohibiting agencies from retaliating or discriminating against a worker who exercises his or her rights under the Act and giving workers the right to sue for damages when harmed by violations.
This new law will allow IDOL to impose a $500 penalty against a day labor agency for each day it is not registered. For all other violations, the department may fine first-time violators up to $6,000 and repeat violators up to $2,500 per violation per day. To pay for increased enforcement of the day and temporary labor industry, the legislation increases agency registration fees to $1,000 and adds a fee of $250 per branch office.
The state has a hot line to report problems: 877-314-7052. Or, to file a complaint or get information go online. The reporting systems are described on the website of the IL Department of Labor’s webpage on day labor.

Mexican Immigrants save Vermont milk industry

Mexican workers are effectively helping to save Vermont’s cherished milk farms. The farms are in danger of being wiped out by competition. Milk production accounts for 80% of the state’s farm output and dairy farms are an icon of Vermont life. Mexican immigrants today account for an estimated on third of milk farm labor in the state. Farmers say that help is otherwise not available.
A recent report by John Dillon on Vermont Public Radio on Mexican workers on Vermont farms revealed how the state is implicitly collaborating with farmers to ensure that undocumented workers are available. It starts with the submission of the Citizenship and Immigration Services’ I-9 form.
According to the story, the Vermont Department of Agriculture advises farmers

To make certain that the documents that are required for the I-9 are there. The employer, the farmer, has no requirement to test the validity of the documents.

It’s kind of like “don’t ask, don’t tell”. The news story said that

Federal immigration officials usually leave the farms alone. But workers can get turned in and deported if they get a speeding ticket, or if they’re stopped by police for a routine traffic violation…. Agriculture Secretary Steve Kerr says it’s common knowledge that the papers many Mexicans carry are fake.

IL Governor supports Panel on Latino Work Safety

In late 2005 Governor Rod Blagojevich of Illinois gave his support to the findings and recommendations of a Panel on Latino Workplace Injuries and Fatalities. I will be delivering more information in the future about this panel, the first such major state panel on immigrant work safety to my knowledge. It is a model for other states to emulate.
Go here for the 11/9/05 press release.
According to the press release the Panel’s top five recommendations are:

Creating a Worker Safety Fund to support a collaborative partnership and outreach strategy statewide between community-based organizations and government agencies to, among other things, develop worker safety materials in Spanish and provide health and safety training in Spanish.

Streamlining and coordinating government services for workers and business in the state by relocating the On-Site Safety and Health Consultation team to the Illinois Department of Labor (IDOL) from the Department of Commerce and Economic Opportunity (DCEO).

Strengthening enforcement of the existing Day Labor Services Act, including increased penalties against unlawful day labor agencies, and allowing workers to sue employers for damages.

Developing a statewide data collection system to help centralize and analyze occupational injury and fatality data among Latinos gathered by agencies, community-based organizations, and educational institutions and convene in annual conferences to assess and review data.

Supporting further reforms to the Illinois Workers’ Compensation Act, including 1) establishing a stop-work order when an employer is uninsured; 2) establishing an injured workers’ benefit fund; 3) providing workers’ compensation to agricultural workers; and 4) ensuring adequate workers’ compensation coverage at worksites that use temporary labor.

MA program on employer insurance fraud

Immigrant workers are often exposed to predatory employer practices which violate labor laws. One place to start enforcement is in workers compensation and, in particular, workers comp insurance. Here is good example of state initiative.
Massachusetts’ Department of Industrial Accidents has improved significantly its enforcement of workers compensation insurance requirements in the past few years. Its program, which you can find here, gives you a sense of what it takes to give teeth to enforcement. It has greatly improved the success rate of enforcement.
Below is a excerpt dealing with stop work orders:

The leads can come from an employee of the company, a competitor or the Massachusetts Rating Bureau. The lead is assigned to an investigator in the area where the business is located who then conducts an investigation.

If the investigation confirms that the business is violating the statute, the investigator will notify the business and allow the business to come into compliance. If the business does not respond to the investigator or refuses to come into compliance by obtaining the requisite insurance, the investigator will then conduct an on-site investigation at the location of the business.

If the on-site investigation confirms the preliminary investigation, the investigator will then issue a Stop Work Order (SWO), which is a cease and desist order requiring the business to shut down. The business will then be given a right to appeal the SWO within 10 days.

I thank Workers Comp Insider for alerting me to this article by Gregory White, who as general counsel runs the enforcement operations of DIA.
A number of states have beefed up resources to detect and go after employers to commit labor violations, including failure to pay employees for wages earned, failure to pay overtime, failure to make unemployment insurance contributions, and failure to purchase workers compensation insurance.

Where undocumented immigrants live and work

In January 2004,the Urban Institute published a useful overview of the undocumented population in the United States. Go here for the entire report.
The Institute estimated there were at that time 9.3 million immigrants, of which 6 million were workers. 96% of men work and 62% of women work.
Breakdown of the total population of undocumented immigrants is:
U.S. total (in millions) 9.3; California, 2.4; Texas, 1.1; Florida, 0.9; New York, 0.7; Illinois, 0.4; New Jersey, 0.4; all others, all others, 3.5.

Whom day laborers work for, what they do

A snapshot from On the Corner: Day Labor in the United States:
Principal employers of day laborers are (1) contractors in the construction and landscape gardening business and (2) private individuals. Two thirds of day laborers are hired repeatedly by the same employer.
At least three quarters of day laborers have work in most or all of the following occupations: construction labor, mover, gardner/landscaper, and painter. About two thirds have worked as roofers. Other common occupations are house cleaner, carpenter, and drywall installer.
The vast majority –- 83% — rely on day labor as their sole source of income, and 70% seek work at least five days a week. One third seek work seven days a week.
Go here for a full copy of On The Corner.

How Mexicans in U.S. send money back to Mexico

Money flows from Mexican workers in the United States to Mexico are approaching $20 billion a year. I have excerpted from the Financial Times (subscription required) an article on this topic, describing methods of transmission and surprising ways in which the money once received is used.
Excerpts from the Financial Times, Home towns and US banks grow better at reaping benefit of migrants’ dollars, By John Authers 12/12/05
Take a walk along Broadway in the New York district of Harlem, and you can begin to understand the recent strength of the Mexican peso against the dollar. Now in a largely Hispanic neighbourhood, with a pocket of Mexican migrants from the state of Puebla, Broadway is lined by remittance houses, all advertising in Spanish what they say are cheap rates.
It is a phenomenon repeated in Mexican neighbourhoods across the US. In the past few years, the economic weight of Mexico’s migrant labourers has begun to make itself felt south of the border. The migrants’ dollars help to explain the strength of the peso, and they are also beginning to wreak much more profound social changes at home.
The numbers, as published by the Bank of Mexico, tell an extraordinary story. For the first 10 months of this year, the money sent home to Mexico from the US in family remittances was $16.5bn – only just below the $16.6bn that was sent back during all of 2004. It is also $10bn more than the $6.6bn remitted to Mexico in 2000.
This money was sent mostly in transactions of about $300, and is increasingly sent by electronic transfer, rather than the traditional money orders.
Banxico is careful to state that the rise may not be as sharp as it appears, because its information-gathering has improved. Its earlier figures may therefore have understated the phenomenon.
……….
Migrants now have a greater array of options when they want to send money home. In 2002, many banks in the US decided they would accept consular ID cards, known as the matricula, as proof of identity from migrants wanting to open bank accounts. The cards were available from consulates to all Mexicans, even those working in the US illegally.
City and state municipal authorities across the US were happy to recognise the cards, which could also be used to obtain driving licences. The idea was to regularise or improve the status of undocumented labourers.
The effect of the cards was immediate. Wells Fargo, one of the largest US banks in the areas with high rates of Mexican immigration, reported that 400,000 people used the cards to open accounts with its branches. The cards ushered in competition, with Citigroup, Bank of America and HSBC all also offering remittance services.
Technical improvements have also helped. For example, the Poni card, backed by several patents, is now available in Las Vegas, Phoenix, Tucson and Chicago and will soon spread to areas with higher concentrations of Mexicans such as California, New York and Texas. Migrants can buy Poni cards, which come in various peso denominations and look much like phone cards, in US groceries, and scratch off the foil on the back to reveal a 16-digit PIN number. Armed with that PIN, a Mexican can take one of the 1m Poni cards in circulation south of the border, and use it to withdraw that amount from an ATM. Each PIN can only be used once, and the ATM will respond only to the PIN. The card’s backers believe that its key advantage, compared with a bank account, is that it maintains anonymity. It is also sold the same way as phone cards, which are already popular items among migrants.
……….
There is controversy, however, over the impact of remittances on Mexico, and even whether all the money that shows up in the Bank of Mexico figures really goes to poor families.
Rodolfo Tuiran of Sedesol, the social development ministry, stirred the controversy earlier this year with a paper attacking the notion that remittances had helped to alleviate poverty. According to Sedesol research, if all the remittances were suddenly to stop, the proportion of Mexicans living in poverty would rise only from 47.1 per cent to 48.5 per cent. The proportion of remittance money going to poor families is even falling over time.
“For some people, remittances allow them to buy a basic basket of essential goods,” says Rodolfo Tuiran, of Sedesol, Mexico’s social development ministry. “But overall, in terms of poverty, remittances don’t have a significant impact. They do, however, have an important impact on inequality – they increase it. Of every $100 received, $75 goes to homes that aren’t poor.”
……….
However, remittances are increasingly being channelled to productive uses. Mexicans tend to congregate with people from the same home town, leading to a network of more than 600 home-town associations across the US. Typically, they have been involved in such things as organising trans-national beauty pageants. Now they are being encouraged to pool their remittances.
Several states now have “three-for-one” programmes, where each dollar from the home-town association for a development project is matched by a dollar each from the municipal, state and federal governments.
In Zacatecas, the silver mining state that sends the highest proportion of its people to the US, the effects are dramatic. Towns with a three-for-one scheme are immaculately paved and will often have a well-restored church. Towns that do not have dirt tracks.

Jennifer Gordon: Professor, Researcher, Activist, MacArthur Fellow

This is a brief profile of an individual who, as much as anyone in America, has thrown herself into clearing the difficult pathway for immigrants towards full integration into the domestic economy.
She is Associate Professor Law at Fordham University School of Law In New York City. Go here for her academic webpage. A 1992 graduate of Harvard Law School, she devoted much of the 1990s to helping to organize Workplace Project in Hempstead, Long Island.
In her 2005 book, Suburban Sweatshops: The Fight for Immigrant Rights, she describes the struggle of many immigrants to enter the workforce and acquire step by step employee rights which American-born citizens take for granted.
In a 2005 article in the Boston Review (go here), she had this to say about working conditions and the long and exhausting effort to bring them up to minimally acceptable standards:

“Underground economy” suggests a system completely divorced from conventional labor markets. But in fact, the underground and mainstream economies are anything but divided. Immigrant workers and others move in and out of underground work. Furthermore, so-called underground businesses often operate in a relationship with larger and more formal enterprises. A name-brand garment manufacturer may depend on a chain of underground subcontractors to sew its clothing; a national superstore may contract its groundskeeping or roof repair or janitorial work to a local company that operates in the underground economy. And many enterprises are themselves formal in some regards and informal in others, complying with some but not all laws, paying workers in part on the books and in part under the table.

Since its founding thirteen years ago, the Workplace Project in Hempstead, Long Island, has grown from one desk in a room borrowed from a social-service agency into a vibrant membership organization of immigrant workers with the mission of fighting the low wages, high level of injuries, and pervasive abuses of immigrant workers on Long Island. Against the odds, the group has carried out a series of innovative organizing experiments in the underworld of immigrant work, some of which succeeded far beyond the organization’s expectations.

In its early years, the Workplace Project raised wages by over 30 percent on the Long Island street corners where day laborers wait for work—at least most of the time, in most places. They created a domestic-worker bill of rights and a model contract for domestic employers, and they forced placement agencies to promise to adhere to them—a promise that they sometimes kept. Since then, the organization has founded a very small but successful worker-owned landscaping cooperative and a much larger housecleaning co-op owned and operated by immigrant women.