Twitter
StumbleUpon
Facebook
Delicious
Digg
Newsvine
Google
Yahoo
TechnoratiDomestic Workers Sue, Lobby, Organize For Workplace Rights
SAN FRANCISCO - She says she crossed the border from Mexico and found work as a live-in housekeeper for a family that never let her out of their sight.
At first, her employers paid her $200 a month for cooking, cleaning and care-taking from 6 a.m. to 11 p.m., seven days a week. Then they stopped paying the woman, who did not want her name used because she is in the country illegally.
Still, she stayed. She had nowhere else to go. She said her bosses told her that if she left, she could be arrested and thrown back to Mexico, where her family had no means of support.
"What did I know?" she said at a domestic workers' support group at La Raza Centro Legal, an immigrants' rights center in San Francisco. The organization also has a labor center that the woman used to find new employment.
Domestic workers have no right to overtime, sick time, vacation, health care and workers' compensation in most states, and the immigrants among them often have it even worse.
But many domestic workers are finding their voices. They are suing employers who abuse them, organizing cooperatives to demand fair wages and lobbying politicians to change laws that exclude household workers from labor protections most employees take for granted.
Last June, immigrant household workers at the United States Social Forum in Atlanta - a gathering of social activists - formed the National Domestic Worker Alliance to campaign for state and federal laws guaranteeing basic labor rights.
The alliance, made up of 20 organizations from across the country, is holding the first ever national convention for domestic workers from Thursday through Sunday in New York City, where the host organization, Domestic Workers United, is pushing state lawmakers to sign a Domestic Workers' Bill of Rights.
That legislation, which would be the first of its kind in the country, would require that domestic workers receive such rights as one day of rest per week and advance notice of termination - standard practice for most other workers.
"The law has always treated this sector differently and less than equal to others," said Ai-Jen Poo, an organizer for Domestic Workers United, which describes itself as an organization of Caribbean, Latin American and African workers.
"What this bill of rights does is put into place a few basic things," Poo added. "The way we talk about it, this is really about respect."
The Census Bureau estimates that there are 1.5 million domestic workers across the country. A definitive count is nearly impossible since many of the workers are in the country illegally, and many collect income that goes unreported on taxes.
By far, the most exploited are the most hidden: the live-in housekeeper/nannies who may be new to this country, probably alone and thus most easily abused, said Pierrette Hondagneu-Sotelo, a sociologist at the University of Southern California who has written a book about domestic workers.
"The employers may take away her passport," Hondagneu-Sotelo said. "And she may not know anyone else in this country. She is not familiar with labor laws here, and even her employer may not be familiar with them. So it creates a very ripe situation for abuse."
Organizers of the national domestic workers conference hope that it will create greater awareness of the workers' plight and support for their cause.
"The issues are on the table in a way that they haven't been since the 1960s, when domestic workers finally got the right to a minimum wage," said Jill Shenker, an organizer for La Raza Centro Legal.
The group operates a labor center where employers can call when they need help. The workers are assured hourly wages of at least $11 to $17 an hour, with a 3-hour, $42 minimum. They also get the legal support from the women's collective should the employer fail to treat them fairly.
But more than a labor pool, the collective, with about 75 members, has become the backbone of the women's lives. Women from Mexico, South and Central America, who were once scared, powerless, and limited in their English language skills, now organize marches, bring speakers who discuss their legal rights, and talk about change.
In March, dozens of the women marched through the streets of Atherton, home to Silicon Valley billionaires, in support of a worker who is suing a couple who had employed her for four years.
Vilma Serralta, 68, claims her former employers made her work 14 hours a day, six days a week as a nanny, cook and housekeeper for their $17.9 million, 9,300-square-foot-home, for less than minimum wage. She said she received no breaks or overtime.
Serralta, a U.S. citizen, said she was fired when her employer threw a tantrum after finding chicken bones left in an otherwise empty trash can overnight. The couple, in a statement, denied Serralta's charges.
Advocates for domestic workers say cases like Serralta's are common.
One 39-year-old woman, who is now a leader among the workers at La Raza Centro Legal, came to San Francisco to be a caregiver for a family from her hometown in southern Mexico. The family paid her way to enter the country illegally, then kept her in a house for a year, where she cared for a 78-year-old woman in a wheelchair.
They paid her $300 a month but sent her check directly to her family so she never had any money.
The woman, who wanted only her first name, Maria, used because she is still trying to secure legal residency, said she used to be embarrassed to talk about her first year here.
"Now," she said, "I know that it is the real story of so many women."
© 2008 The Associated Press
16 Comments so far
Show AllDomestic workers are often illegal immigrants, but not all are by any means. In many ways, this is a woman's rights issue. Domestic labor is under paid and under appreciated because it is traditionally done by women. I find it so disheartening to see people posting about how these women don't deserve fair wages because their special, most loved son had to struggle a little. Give me a break, the problem in this country right now is a lack of compassion for people who really have it bad, not some guy who had to get food stamps during his internship while training to be a doctor.
Yes illegal Immagration is a business, and they Come here because there is no international law, that requires Employers to pay a living wage, or provide safe working conditions. Until everyone in the world, is treated Farely by these multinational Corporations, we will see more illegal workers in the US.
OCTOTROPH
Octotroph wrote: "My children and I worked hard and long to stay together and make a future without welfare. I do resent these people that whine and complain about how much they have to work to make a future for themselves, especially when they are in this country illegally to begin with. All of my children paid off and some still paying for student loans, etc. We did not stand in the street with signs."
I don't think that we should ever think of those people who organize and protest for higher labor standards as whiners and complainers. The whiners and complainers fought and even died (Haymarket Massacre) so that they and their fellow workers could have the right to an 8 hour day and a day of rest. You and your children may never have stood on a street with a sign to demand a better living, but I would contend that you didn't have to BECAUSE OTHERS WHO CAME BEFORE DID IT FOR YOU. Martin Luther King was assassinated while marching with "whiners and complainers" in Tennessee who were demanding better wages, better working conditions and a union. Had million of unionists not demanded a better wage, your son might not have made $14 an hour at his job, however paltry a living that is.
So unless you can claim that you have not benefited from working people's struggle against slavery and indentured servitude, for better wages, better working conditions, the right to rest breaks, the standard of a weekend or day of rest, or equal pay for equal work, I find it quite insulting that you would call us "whiners and complainers" for being part of a struggle that you've benefitted from, but now deride.
Whether we are talking about illegal immigrants or the poor in this country, it is clear that there is a sharp dividing line between the haves and have-nots.
The corporations and the wealthy have forced poor, working people to compete with each other and fostered hatred between groups that should be helping each other to obtain a better way of life.
I am against illegal immigration. The U.S. has far more legal immigrants per year than any other country. This is fine. They are here legally and can at least try to fight for their legal rights. There are also about eight temporary worker programs. This also should give the workers some opportunity to stand up for themselves.
Illegal immigrants have become a major business. They are exploited by people of their own country who bring them in. They are promised absurd compensation. They have no rights and can be thrown out without any hearing.
We need to bring some stability to our own working people. To my mind, this means closing the borders and arrested those who are simple using people who are poor and uneducated to make money for themselves. If we do this, we can turn our attention to the improvement of education and working conditions for the people already here.
Would you please be quiet about the plight of domestic servants? The Demok agenda is to rebuild the good name of this empire steamroller. Feinstein and Pelosi will need additional staff from south of the border to take care of the flowers.
It seems as though when these people come here they say they "do not know much." Yet, though imprisioned the so called abused mananage to make it to a lawyer's office. Give me a break.
I have worked as an overnight nurses aide and never got paid for the time I spent sleeping at night. Where can I get my lawyer?
I have asked corporations for 0 dependents on my w2 and signed it as such-yet they did not remove the taxes from my paycheck and I get stuck paying extra taxes.
What about some justice for us for a change?
When a domestic worker is an illegal alien they have no rights except too be treated with dignity while being deported. Those who hire them have the right to a trial by jury.
No mention by the author that La Raza Centro Legal is likely an arm of the racist La Raza (the race) movement which advocates the slaughter of whites, blacks, and anyone else that would stand in the way of "the race" turning the southwest into a region of Mexico. Interesting.
thank you all for reading and responding to my comments. I lost my husband when I was 36 years old with 4 children. My children and I worked hard and long to stay together and make a future without welfare. I do resent these people that whine and complain about how much they have to work to make a future for themselves, especially when they are in this country illegally to begin with. All of my children paid off and some still paying for student loans, etc. We did not stand in the street with signs. My oldest son is a doctor in Atlanta and is still paying on his loan. He had to get food stamps while he was interning because they were paid very little with 24 on and 24 off. I'm not going to bore you with details and I'm sorry if I sound callous and uncaring, but I can tell you I've been there.
As far as unionizing goes, remember what happen to the union workers at Northwest Airlines a couple of years ago? The unions in this country has no teeth and no one can afford to hold out as long as the companies can when they bring in scabs to do the work. Reagan fixed all that for us.
I was against NAFA from the gitgo, I have worked for candidates that I thought would make a difference only to be disappointed and it never made a difference. We still got George Bush and Lord knows how hard I worked to keep him out. So, yes, I agree. Ideally, we should have decent working conditions and make a living wage. And I know that we are much better off than many other countries, but that does not lessen the hardship that many people must go through just to get a decent job. Americans ... not people that have the attitude that I will take it and then try to make it right.
Thanks again for your responses and I'll bet your glad that I don't post very often ... lol
I don't post much to CommonDreams although I enjoy the articles and some of the posts of the regulars. This article brought me out of the closet today because I could not believe "The workers are assured hourly wages of at least $11 to $17 an hour, with a 3-hour, $42 minimum." These are illegal household help??
My son is a licensed airframe and powerplant mechanic who is still paying off his student loan to get the training and education to obtain his license to go to work for $16 an hour. Just out of school at $14 or maybe $12. Get a job at the major airlines with 5 years experience and passing a knowledge test and you can start around $19 or $20. And there is no notice before termination or layoff, you get that at the end of the shift. And they work like dogs curled up many times in very small areas repairing and replacing. I don't want to hear about people that come to this country illegally and expect to take advantage of our laws shouting in the streets and carrying signs written in their native tongue.
I can see the guy in the picture has a hood over his head and sunglasses on to hide his identity but has the balls to carry a sign proclaiming unjust and ILLEGAL.
"Vilma Serralta 68, claims her former employers made her work 14 hours a day, six days a week as a nanny, cook and housekeeper for their $17.9 million, 9,300-square-foot-home, for less than minimum wage."
I think this woman is exaggerating.... to begin with, she is a U.S. citizen, so why put up with it? Must have been a good reason to stay there for four years working 14 hours a day with no breaks .. Wow! Also, no one that lives in a 17 million dollar mansion employs one person for all those positions. They would definitely lose face with their friends and family if for no other reason. I would be interested in hearing the other side of this story.
Well, I have gotten that off my chest and I suppose that is what this comment section is all about.
Octotroph: Glad you joined the discussion. I've been following stories about abuses of domestic workers for several years now, and these stories really are pretty common. Immigrants (legal or not) are vulnerable, perhaps because they don't speak much English or because they haven't got much formal education. These same factors can keep them isolated as well, and unsure what their rights are. I heard a story recently where one woman's employer threatened that, if she complained about abuses, they would call the U.S. immigration service and have them deport her--and they wouldn't necessarily send her to her home country, but maybe to China. She didn't realize this wasn't true. Further, these women often have family members back at home who are heavily dependent on the dollar remittances they send back home. Without much money or resources of their own, they really are vulnerable to exploitation, and the pervasive attitude that they aren't entitled to basic rights doesn't help the situation.
I agree with TheMan: One part of the solution is to make sure everybody has access to decent working conditions and a living wage. Another big issue is the economic forces undermining Mexico's economy and driving so many people to look for work in the US and elsewhere. NAFTA has been a big part of that. So rather than rail against undocumented workers, and deny them rights, let's look at the difficult conditions that they are dealing with. Given a choice, I'm sure many if not most would rather be able to make a living closer to their homes and families.
I'd rather the illegal immigrants stay in their own countries, than come here, undercut American jobs, and lobby for labor rights. Either keep them out or legislate it so the rich people lucky enough to have servants must pay MORE for foreign labor than domestic labor.
Why can't Common Dreams focus more on United States Unions (dying or dead), how large corporations shaft *American* workers, or why we no longer have domestic manufacturing (will hit us hard when oil prices make worldwide shipping untenable)?
"These are illegal household help? My son is a licensed airframe and powerplant mechanic who is still paying off his student loan to get the training and education to obtain his license to go to work for $16 an hour. Just out of school at $14 or maybe $12. Get a job at the major airlines with 5 years experience and passing a knowledge test and you can start around $19 or $20. And there is no notice before termination or layoff, you get that at the end of the shift. And they work like dogs curled up many times in very small areas repairing and replacing. I don't want to hear about people that come to this country illegally and expect to take advantage of our laws shouting in the streets and carrying signs written in their native tongue."
octotroph:
The solution is not to bring the level of labor rights of these domestic workers bellow your son's rights; the solution is to elevate your son's labor rights the same way these women are elevating theirs, by organizing and unionization. I also find it offensive when rightward leaning people like you automatically assume suffering people are lying just so you can rationalize your own place in society or hold on to your vision of what America "is".
That being said, the thing that bothers me most about this is that it shows how callous we truly have become in this country. As much as I hate it, I can understand how a corporate CEO with factories or stores can personally rationalize cutting wages and benefits. He/she rarely, if ever, sees these employees, and there are so many of them, but the employers in this article see a single employee in their house almost everyday; they often live in the house fulltime. Despite this much more personal employer employee relationship they still try to take advantage of them, even going farther than with the invisible employee: taking their passport and not paying them because they can get away with it. I don't understand how these employers rationalize such extreme and personal abuse. I suppose they don't see poor immigrants as people.
The sad thing is that you can make $20 an hour holding a cardboard sign on a street corner. (especially if you claim to be a veteran)
The photo shows people protesting Giron's Housecleaning Services as the "employer". I have to think that many of the abuses most likely involve middlemen in deals where the wealthy clients pay a contracted fee to the middleman "service" companies---without necessarily even knowing the wages paid to the actual workers.
Many clients would probably prefer that arrangement, you know, to keep everything "tidy". Less risk for the client being personally accused of law-breaking that way. Far greater opportunity, though, for exploitation of the workers.
The greed of capitalism has destroyed the American soul!
the land of the Free eh??
i guess the addiction to the concept of slavery never quite goes away..here we are in 2008 and yet if folks think they can get away with it and they think no-one will care or try to stop it..out come the chains once again
there's a real lesson here for those fans of genetic "enhancements"
the housholders mentioned here obviosly feel them selves to be superior to these workers...even tho there is no evidence to support this (outside of their own egos) imagine how much easier it might be to justify this behaviuor when the householder is both rich and geneticaly "enhanced"...and the worker is both poor and normal
course when folks thin of enhancements enhancing folks sense of socail justice isn't high on the list now is it..