'A Deep, Systemic Problem': Persistent Backlogs Force State Audit of California Labor Commissioner's Office
Blacklisted for Speaking Up: How California Farmworkers Fighting Abuses Are Vulnerable to Retaliation
Federal Government Blocks Billions in Public Transit Relief Funds for California Over Pension Dispute
Biden Administration Looks to Add Heat Protections at the Federal Level
Poll: Nearly Half of Americans Believe Job Losses Are Permanent
'We’re Being Robbed': Wage Theft in California Often Goes Unpunished by State
Trump Labor Nominee Andrew Puzder Withdraws, First Cabinet Pick to Fall
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agency’s problems to the satisfaction of lawmakers who approved the investigation.\u003c/p>\n\u003cp>The Joint Legislative Audit Committee on Wednesday called for the audit over the objections of some of the state’s biggest labor unions, who argued the probe was unnecessary.\u003c/p>\n\u003cp>Labor Commissioner Lilia García-Brower on Wednesday also pushed back against an audit, testifying that her office already is undertaking multiple reforms to address her agency’s backlogs.\u003c/p>\n\u003cp>[aside label='More on California Labor' tag='labor']\u003c/p>\n\u003cp>The Labor Commissioner’s Office has struggled for years to address wage claims in a timely manner. Wage theft — the failure of employers to pay the minimum wage, pay overtime premiums, or provide meal and rest breaks — primarily affects low-wage workers, who are often immigrants or people of color, studies show.\u003c/p>\n\u003cp>Each worker’s claims by law are supposed to be heard in 120 days and decided 15 days after that. But CalMatters, in its series, uncovered that between 2017 and 2021, the state averaged 505 days.\u003c/p>\n\u003cp>After that, back pay can take years to recover, and \u003ca href=\"https://calmatters.org/california-divide/2022/09/california-wage-theft-cases/?series=unpaid-wages-california-workers\">many who win their claims are never paid\u003c/a>. The backlog was exacerbated last year, when \u003ca href=\"https://calmatters.org/newsletters/2023/01/california-budget-cuts-senate/\">new wage theft claims hit a record 38,000\u003c/a> and \u003ca href=\"https://esd.dof.ca.gov/Documents/bcp/2324/FY2324_ORG7350_BCP6630.pdf\">wait times climbed past 800 days (PDF)\u003c/a>.\u003c/p>\n\u003cp>“What is it going to take to get to 120 days? Is it additional measures to compel employers to participate, and if that’s the case, in which ways?” asked Assemblymember \u003ca href=\"https://calmatters.org/legislator-tracker/david-alvarez-1980/\">David Alvarez\u003c/a>, a Democrat from Chula Vista who chairs the legislative audit committee.\u003c/p>\n\u003cp>“I am willing to give an opportunity for those questions to be answered,” he said. “But I’d like to see detailed answers, not just, ‘We’re going to do better when we hire more people.’”\u003c/p>\n\u003cp>Alvarez held out the possibility that the committee could rescind their audit request before September if budget hearings satisfactorily address the issues the audit would target. The Labor Commissioner’s Office is seeking $12 million in the next fiscal year to hire 43 additional employees with the goal of reducing the time to hear a claim to 200 days.\u003c/p>\n\u003cp>The audit came at the request of state Sen. \u003ca href=\"https://calmatters.org/legislator-tracker/steven-glazer-1957/\">Steve Glazer\u003c/a>, a Walnut Creek Democrat, who agreed to the compromise to delay the audit until Sept. 1. The audit request put Glazer, a moderate Democrat, at odds with labor groups and workers’ advocates.\u003c/p>\n\u003cp>The California Labor Federation and several unions and worker centers wrote earlier in March that an audit would divert time and attention from an already understaffed agency.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>The California Chamber of Commerce testified in favor of the audit. Ashley Hoffman, a lobbyist for the chamber, told the committee it is important to the state’s employers that bad actors be held to account and that disputes be resolved expediently, out of court.\u003c/p>\n\u003cp>In addition to wage claims, California workers can also file lawsuits against employers through California’s Private Attorneys General Act (PAGA), a 19-year-old law that gives workers the same powers as the state to sue employers and recover civil penalties on behalf of co-workers. If they win, the workers can get a quarter of the penalties while the rest goes to the state for labor enforcement.[pullquote size=\"medium\" align=\"right\" citation=\"Assemblymember David Alvarez\"]'I am willing to give an opportunity for those questions to be answered. But I'd like to see detailed answers, not just, 'We're going to do better when we hire more people.''[/pullquote]In 2022 the Department of Industrial Relations, the agency that houses the Labor Commissioner’s Office, received 5,813 notices of new PAGA suits, according to state data.\u003c/p>\n\u003cp>The chamber is among several business groups that succeeded in getting a measure to repeal the private enforcement law on the 2024 ballot.\u003c/p>\n\u003cp>Hoffman told the committee that workers get more of their back wages when they go through the Labor Commissioner’s process instead of filing a lawsuit with a private attorney.\u003c/p>\n\u003cp>In her testimony Wednesday, García-Brower said she is working to overhaul her office’s wage claims staff by recruiting recent graduates from the University of California, filling key managerial positions and implementing new pilot initiatives in certain offices, among other measures.\u003c/p>\n\u003cp>García-Brower, an appointee of Gov. Gavin Newsom, is the former director of a group that helped the state investigate wage theft in the janitorial industry before she became labor commissioner and is considered an ally of the unions and worker advocates who opposed the audit.\u003c/p>\n\u003cfigure id=\"attachment_11944542\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-full wp-image-11944542\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/03/RS53299_59372619533__C9A844C3-E366-4DC4-A1F5-5293FE97A06B-qut.jpg\" alt=\"Dozens of men and women holding signs in front of a Burger King franchise in Oakland, California.\" width=\"1920\" height=\"1440\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/03/RS53299_59372619533__C9A844C3-E366-4DC4-A1F5-5293FE97A06B-qut.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2023/03/RS53299_59372619533__C9A844C3-E366-4DC4-A1F5-5293FE97A06B-qut-800x600.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/03/RS53299_59372619533__C9A844C3-E366-4DC4-A1F5-5293FE97A06B-qut-1020x765.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/03/RS53299_59372619533__C9A844C3-E366-4DC4-A1F5-5293FE97A06B-qut-160x120.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/03/RS53299_59372619533__C9A844C3-E366-4DC4-A1F5-5293FE97A06B-qut-1536x1152.jpg 1536w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003cfigcaption class=\"wp-caption-text\">Protesters demand a Burger King franchisee pay wages owed to workers on Oct. 25, 2019. The company operating the restaurant, Golden Gate Restaurant Group, was cited by the state Labor Commissioner's Office for failing to pay workers minimum wage and other violations. \u003ccite>(Courtesy Trabajadores Unidos Workers United)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The labor and worker groups advocated instead for increased funding for García-Brower’s office, higher penalties for employers who violate labor law and an expedited hiring process for the Department of Industrial Relations. They also argued for boosting the use of criminal charges against problem employers and expanding local officials’ abilities to sue businesses on behalf of workers to relieve pressure on the state.[pullquote size=\"medium\" align=\"right\" citation=\"Lorena Gonzalez Fletcher, chief officer, California Labor Federation\"]'Everyone knows there's a problem, including the labor commissioner. I don't think an audit is going to tell us anything we don't know already.'[/pullquote]Lorena Gonzalez Fletcher, the former Assembly member who heads the California Labor Federation, told CalMatters in an interview before the hearing that an audit would be a distraction.\u003c/p>\n\u003cp>“Everyone knows there’s a problem, including the labor commissioner,” Gonzalez Fletcher said. “I don’t think an audit is going to tell us anything we don’t know already.”\u003c/p>\n\u003cp>But at the hearing, García-Brower conceded that the issues in her office went beyond a staffing shortage.\u003c/p>\n\u003cp>Assemblymember \u003ca href=\"https://calmatters.org/legislator-tracker/jim-wood-1960/\">Jim Wood\u003c/a>, a Democrat from Ukiah and a member of the legislative audit committee, said his office had considered proposing an audit of the labor commissioner’s wage claim issues.\u003c/p>\n\u003cp>He told García-Brower that his office struggled to get data on wage claims from her office, and that some of his constituents had faced people who worked for her who “are not always terribly friendly and very dismissive sometimes.” That prompted García-Brower to agree.\u003c/p>\n\u003cp>“I sat across six different labor commissioners, and most of them were dismissive,” García-Brower said, referring to her time as a labor activist. “So this is a deep, systemic problem within the culture of this agency, which is why we’re digging down deep to ensure that people understand we are a public-facing agency. We were created to serve the public.”\u003c/p>\n\u003cp>Senator \u003ca href=\"https://calmatters.org/legislator-tracker/john-laird-1950/\">John Laird\u003c/a>, a Democrat from Salinas who sits on the committee, said García-Brower’s acknowledgement that the office’s problems went beyond staffing issues swayed him in favor of the audit.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n","blocks":[],"excerpt":"It takes California nearly 800 days — four times longer than is legal — to handle wage claims. Lawmakers ordered an audit of the understaffed California Labor Commissioner's Office to start Sept. 1, if agency issues aren't addressed by then.","status":"publish","parent":0,"modified":1679606436,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":28,"wordCount":1278},"headData":{"title":"'A Deep, Systemic Problem': Persistent Backlogs Force State Audit of California Labor Commissioner's Office | KQED","description":"It takes California nearly 800 days — four times longer than is legal — to handle wage claims. Lawmakers ordered an audit of the understaffed California Labor Commissioner's Office to start Sept. 1, if agency issues aren't addressed by then.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"'A Deep, Systemic Problem': Persistent Backlogs Force State Audit of California Labor Commissioner's Office","datePublished":"2023-03-23T21:20:36.000Z","dateModified":"2023-03-23T21:20:36.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"nprByline":"\u003ca href=\"https://calmatters.org/author/alejandro-lazo/\">Alejandro Lazo\u003c/a>, \u003ca href=\"https://calmatters.org/author/jeanne-kuang/\">Jeanne Kuang\u003c/a>","excludeFromSiteSearch":"Include","showOnAuthorArchivePages":"No","articleAge":"0","path":"/news/11944515/a-deep-systemic-problem-persistent-backlogs-force-state-audit-of-california-labor-commissioners-office","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>California’s independent state auditor will investigate the understaffed California Labor Commissioner’s Office over its persistent backlogs in workers’ wage theft claims, issues\u003ca href=\"https://calmatters.org/series/unpaid-wages-california-workers/\"> highlighted in a series of articles last year by CalMatters\u003c/a>.\u003c/p>\n\u003cp>The audit would start Sept. 1 — that is, if budget hearings before then don’t address the agency’s problems to the satisfaction of lawmakers who approved the investigation.\u003c/p>\n\u003cp>The Joint Legislative Audit Committee on Wednesday called for the audit over the objections of some of the state’s biggest labor unions, who argued the probe was unnecessary.\u003c/p>\n\u003cp>Labor Commissioner Lilia García-Brower on Wednesday also pushed back against an audit, testifying that her office already is undertaking multiple reforms to address her agency’s backlogs.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"label":"More on California Labor ","tag":"labor"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The Labor Commissioner’s Office has struggled for years to address wage claims in a timely manner. Wage theft — the failure of employers to pay the minimum wage, pay overtime premiums, or provide meal and rest breaks — primarily affects low-wage workers, who are often immigrants or people of color, studies show.\u003c/p>\n\u003cp>Each worker’s claims by law are supposed to be heard in 120 days and decided 15 days after that. But CalMatters, in its series, uncovered that between 2017 and 2021, the state averaged 505 days.\u003c/p>\n\u003cp>After that, back pay can take years to recover, and \u003ca href=\"https://calmatters.org/california-divide/2022/09/california-wage-theft-cases/?series=unpaid-wages-california-workers\">many who win their claims are never paid\u003c/a>. The backlog was exacerbated last year, when \u003ca href=\"https://calmatters.org/newsletters/2023/01/california-budget-cuts-senate/\">new wage theft claims hit a record 38,000\u003c/a> and \u003ca href=\"https://esd.dof.ca.gov/Documents/bcp/2324/FY2324_ORG7350_BCP6630.pdf\">wait times climbed past 800 days (PDF)\u003c/a>.\u003c/p>\n\u003cp>“What is it going to take to get to 120 days? Is it additional measures to compel employers to participate, and if that’s the case, in which ways?” asked Assemblymember \u003ca href=\"https://calmatters.org/legislator-tracker/david-alvarez-1980/\">David Alvarez\u003c/a>, a Democrat from Chula Vista who chairs the legislative audit committee.\u003c/p>\n\u003cp>“I am willing to give an opportunity for those questions to be answered,” he said. “But I’d like to see detailed answers, not just, ‘We’re going to do better when we hire more people.’”\u003c/p>\n\u003cp>Alvarez held out the possibility that the committee could rescind their audit request before September if budget hearings satisfactorily address the issues the audit would target. The Labor Commissioner’s Office is seeking $12 million in the next fiscal year to hire 43 additional employees with the goal of reducing the time to hear a claim to 200 days.\u003c/p>\n\u003cp>The audit came at the request of state Sen. \u003ca href=\"https://calmatters.org/legislator-tracker/steven-glazer-1957/\">Steve Glazer\u003c/a>, a Walnut Creek Democrat, who agreed to the compromise to delay the audit until Sept. 1. The audit request put Glazer, a moderate Democrat, at odds with labor groups and workers’ advocates.\u003c/p>\n\u003cp>The California Labor Federation and several unions and worker centers wrote earlier in March that an audit would divert time and attention from an already understaffed agency.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The California Chamber of Commerce testified in favor of the audit. Ashley Hoffman, a lobbyist for the chamber, told the committee it is important to the state’s employers that bad actors be held to account and that disputes be resolved expediently, out of court.\u003c/p>\n\u003cp>In addition to wage claims, California workers can also file lawsuits against employers through California’s Private Attorneys General Act (PAGA), a 19-year-old law that gives workers the same powers as the state to sue employers and recover civil penalties on behalf of co-workers. If they win, the workers can get a quarter of the penalties while the rest goes to the state for labor enforcement.\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'I am willing to give an opportunity for those questions to be answered. But I'd like to see detailed answers, not just, 'We're going to do better when we hire more people.''","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"Assemblymember David Alvarez","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>In 2022 the Department of Industrial Relations, the agency that houses the Labor Commissioner’s Office, received 5,813 notices of new PAGA suits, according to state data.\u003c/p>\n\u003cp>The chamber is among several business groups that succeeded in getting a measure to repeal the private enforcement law on the 2024 ballot.\u003c/p>\n\u003cp>Hoffman told the committee that workers get more of their back wages when they go through the Labor Commissioner’s process instead of filing a lawsuit with a private attorney.\u003c/p>\n\u003cp>In her testimony Wednesday, García-Brower said she is working to overhaul her office’s wage claims staff by recruiting recent graduates from the University of California, filling key managerial positions and implementing new pilot initiatives in certain offices, among other measures.\u003c/p>\n\u003cp>García-Brower, an appointee of Gov. Gavin Newsom, is the former director of a group that helped the state investigate wage theft in the janitorial industry before she became labor commissioner and is considered an ally of the unions and worker advocates who opposed the audit.\u003c/p>\n\u003cfigure id=\"attachment_11944542\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-full wp-image-11944542\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/03/RS53299_59372619533__C9A844C3-E366-4DC4-A1F5-5293FE97A06B-qut.jpg\" alt=\"Dozens of men and women holding signs in front of a Burger King franchise in Oakland, California.\" width=\"1920\" height=\"1440\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/03/RS53299_59372619533__C9A844C3-E366-4DC4-A1F5-5293FE97A06B-qut.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2023/03/RS53299_59372619533__C9A844C3-E366-4DC4-A1F5-5293FE97A06B-qut-800x600.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/03/RS53299_59372619533__C9A844C3-E366-4DC4-A1F5-5293FE97A06B-qut-1020x765.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/03/RS53299_59372619533__C9A844C3-E366-4DC4-A1F5-5293FE97A06B-qut-160x120.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/03/RS53299_59372619533__C9A844C3-E366-4DC4-A1F5-5293FE97A06B-qut-1536x1152.jpg 1536w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003cfigcaption class=\"wp-caption-text\">Protesters demand a Burger King franchisee pay wages owed to workers on Oct. 25, 2019. The company operating the restaurant, Golden Gate Restaurant Group, was cited by the state Labor Commissioner's Office for failing to pay workers minimum wage and other violations. \u003ccite>(Courtesy Trabajadores Unidos Workers United)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The labor and worker groups advocated instead for increased funding for García-Brower’s office, higher penalties for employers who violate labor law and an expedited hiring process for the Department of Industrial Relations. They also argued for boosting the use of criminal charges against problem employers and expanding local officials’ abilities to sue businesses on behalf of workers to relieve pressure on the state.\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'Everyone knows there's a problem, including the labor commissioner. I don't think an audit is going to tell us anything we don't know already.'","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"Lorena Gonzalez Fletcher, chief officer, California Labor Federation","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>Lorena Gonzalez Fletcher, the former Assembly member who heads the California Labor Federation, told CalMatters in an interview before the hearing that an audit would be a distraction.\u003c/p>\n\u003cp>“Everyone knows there’s a problem, including the labor commissioner,” Gonzalez Fletcher said. “I don’t think an audit is going to tell us anything we don’t know already.”\u003c/p>\n\u003cp>But at the hearing, García-Brower conceded that the issues in her office went beyond a staffing shortage.\u003c/p>\n\u003cp>Assemblymember \u003ca href=\"https://calmatters.org/legislator-tracker/jim-wood-1960/\">Jim Wood\u003c/a>, a Democrat from Ukiah and a member of the legislative audit committee, said his office had considered proposing an audit of the labor commissioner’s wage claim issues.\u003c/p>\n\u003cp>He told García-Brower that his office struggled to get data on wage claims from her office, and that some of his constituents had faced people who worked for her who “are not always terribly friendly and very dismissive sometimes.” That prompted García-Brower to agree.\u003c/p>\n\u003cp>“I sat across six different labor commissioners, and most of them were dismissive,” García-Brower said, referring to her time as a labor activist. “So this is a deep, systemic problem within the culture of this agency, which is why we’re digging down deep to ensure that people understand we are a public-facing agency. We were created to serve the public.”\u003c/p>\n\u003cp>Senator \u003ca href=\"https://calmatters.org/legislator-tracker/john-laird-1950/\">John Laird\u003c/a>, a Democrat from Salinas who sits on the committee, said García-Brower’s acknowledgement that the office’s problems went beyond staffing issues swayed him in favor of the audit.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11944515/a-deep-systemic-problem-persistent-backlogs-force-state-audit-of-california-labor-commissioners-office","authors":["byline_news_11944515"],"categories":["news_31795","news_8"],"tags":["news_18538","news_30731","news_29594","news_26334","news_20546","news_27698","news_31299","news_30597","news_24863","news_5555","news_31371","news_2141","news_30729"],"affiliates":["news_18481"],"featImg":"news_11944534","label":"news_18481"},"news_11918317":{"type":"posts","id":"news_11918317","meta":{"index":"posts_1591205157","site":"news","id":"11918317","score":null,"sort":[1656617513000]},"guestAuthors":[],"slug":"blacklisted-for-speaking-up-how-california-farmworkers-fighting-abuses-are-vulnerable-to-retaliation","title":"Blacklisted for Speaking Up: How California Farmworkers Fighting Abuses Are Vulnerable to Retaliation","publishDate":1656617513,"format":"standard","headTitle":"KQED News","labelTerm":{"site":"news"},"content":"\u003cp>\u003ca href=\"https://www.kqed.org/news/11919450/trabajar-con-una-visa-h-2a-en-estados-unidos-represalias-derechos\">\u003cem>Leer en español\u003c/em>\u003c/a>\u003c/p>\n\u003cp>[dropcap]A[/dropcap] pair of boots, shirts and pants.\u003c/p>\n\u003cp>That’s what Samuel left in the room he shared with other field workers at Mauritson Farms in Healdsburg, in the heart of Sonoma County’s wine country, last October.\u003c/p>\n\u003cp>He was heading back to his family in his hometown in Oaxaca, Mexico. The harvest had ended and his H-2A visa would soon expire.\u003c/p>\n\u003cp>He started working at Mauritson Farms in 2019 with an H-2A visa, \u003ca href=\"https://www.uscis.gov/working-in-the-united-states/temporary-workers/h-2a-temporary-agricultural-workers\">which lets agricultural workers stay in the U.S. for limited periods of time\u003c/a>. The program was modeled off the Bracero Program, which was created in 1942, thanks to an agreement between the U.S. and Mexican governments that brought Mexican workers to American farms. Labor rights groups point out that \u003ca href=\"https://www.npr.org/sections/thesalt/2018/07/31/634442195/when-the-u-s-government-tried-to-replace-migrant-farmworkers-with-high-schoolers\">many of those braceros experienced wage theft, physical abuse and terrible working and living conditions\u003c/a>.\u003c/p>\n\u003cp>Through the H-2A program, Samuel and a group of other young men from towns and rural communities in and around the Sola de Vega district in Oaxaca have come to California for years — from February through October — to work at Mauritson Farms, which owns and controls the vineyards that produce Mauritson Wines.\u003c/p>\n\u003cp>He left his belongings in Healdsburg with plans to come back in 2022. But he was never rehired by Mauritson Farms.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>At the end of the 2021 growing season, Samuel and five other workers from Oaxaca spoke up against what \u003ca href=\"#workplace\">they believed to be unfair and unsafe working conditions they had experienced for the past three years\u003c/a>. They said they were asked to work on extremely hot days without adequate protections against the heat, that hours of their pay were docked for unjustified reasons and that they suffered verbal abuse from the foreman who supervised them.\u003c/p>\n\u003cp>With the support of the labor rights group North Bay Jobs With Justice, the group of six workers met with Cameron Mauritson, manager of the vineyard, in October to explain what they were experiencing.\u003c/p>\n\u003cp>“He apologized to us and said he was really sorry that this had happened at his company,” said Kevin, who also was at the meeting and worked alongside Samuel for the same period of time. “He promised that he would hire us again.”\u003c/p>\n\u003cp>For Samuel and Kevin — whose real names KQED is not using due to their fears of employment loss — this promise represented a lot more than a job offer for the next year. It signaled that the group could feel comfortable speaking out against unsafe working conditions and that Mauritson wouldn’t do what they feared the most: retaliate against them by not hiring them again.\u003c/p>\n\u003cp>“We left our things [at Mauritson Farms] believing we would come back,” Samuel said. “But none of it was true.”\u003c/p>\n\u003cfigure id=\"attachment_11918388\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg class=\"wp-image-11918388 size-full\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/06/RS45142_017_KQED_Napa_VineyardFarmWorkers_09302020-qut.jpg\" alt=\"A grapevine in a field. The grapes are ripe and ready to pick.\" width=\"1920\" height=\"1280\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2022/06/RS45142_017_KQED_Napa_VineyardFarmWorkers_09302020-qut.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2022/06/RS45142_017_KQED_Napa_VineyardFarmWorkers_09302020-qut-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2022/06/RS45142_017_KQED_Napa_VineyardFarmWorkers_09302020-qut-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2022/06/RS45142_017_KQED_Napa_VineyardFarmWorkers_09302020-qut-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2022/06/RS45142_017_KQED_Napa_VineyardFarmWorkers_09302020-qut-1536x1024.jpg 1536w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003cfigcaption class=\"wp-caption-text\">Samuel and Kevin started coming to California in 2019 with H-2A visas. They would come in February and leave at the end of the grape harvest season in October. They now wait in their hometowns in Oaxaca to hear what an ALRB investigation finds. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Out of the six workers who met with Mauritson in October, none was called back to work in 2022, despite their completion of an application with Cierto Global, the company’s third-party recruiter service. Both Samuel and Kevin believe they were not rehired because they told management about unsafe working conditions they were experiencing in Mauritson's vineyards, a right protected by California labor standards.\u003c/p>\n\u003cp>North Bay Jobs With Justice representatives said they have reached out to Mauritson several times since February without receiving a response. Mauritson also declined KQED’s request for an interview.\u003c/p>\n\u003cp>On February 7, North Bay Jobs With Justice filed an unfair labor practice charge on behalf of the six workers with the California Agricultural Labor Relations Board (ALRB), the state agency that investigates possible workplace abuses in the agricultural industry. The charge \u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/06/3.3.22-ULP-Against-Employer-Mauritson-Farms-Inc..pdf\">states that Mauritson Farms discriminated against the workers\u003c/a> by “refusing to rehire them because they engaged in protected concerted activity.”\u003c/p>\n\u003cp>As the ALRB investigation moves forward, Samuel and Kevin spend their days taking on whatever work they can get in Oaxaca and looking for different farming jobs in the U.S., but with little luck. The window to receive an H-2A visa this year has closed, so they must look for jobs that don’t offer visas. With their remaining savings depleted and families to feed, time is running out to make enough money to survive.\u003c/p>\n\u003cp>California, home to the country’s largest agriculture sector, also has the nation’s third-most H-2A workers. Last year, \u003ca href=\"https://s3.documentcloud.org/documents/22082364/h2a-statistics.pdf\">more than 32,000 H-2A laborers from around the world worked in the state supporting the agriculture industry\u003c/a>. And even though California has an extensive system of agencies and regulations meant to protect these workers, H-2A immigrants are still extremely vulnerable to illegal retaliation by their employers.\u003c/p>\n\u003cp>To bring foreign workers to the U.S., many H-2A employers use a network of both formal and informal recruiters that operate both inside and outside the country. Workers like Samuel and Kevin depend on these recruiters to find jobs in the U.S. and navigate the visa application process.\u003c/p>\n\u003cp>But when a worker speaks up about illegal labor practices, advocates say these recruiters often make sure the worker is blacklisted across the industry — making it harder for these laborers to find another job in the U.S. and for agricultural industry and labor agencies, who only have jurisdiction in the U.S., to enforce anti-retaliation rules.\u003c/p>\n\u003cfigure id=\"attachment_11918390\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg class=\"size-full wp-image-11918390\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/06/RS45137_011_KQED_Napa_VineyardFarmWorkers_09302020-qut.jpg\" alt=\"Rows of grapevines in a field. In the background, a worker can be seen picking grapes.\" width=\"1920\" height=\"1280\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2022/06/RS45137_011_KQED_Napa_VineyardFarmWorkers_09302020-qut.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2022/06/RS45137_011_KQED_Napa_VineyardFarmWorkers_09302020-qut-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2022/06/RS45137_011_KQED_Napa_VineyardFarmWorkers_09302020-qut-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2022/06/RS45137_011_KQED_Napa_VineyardFarmWorkers_09302020-qut-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2022/06/RS45137_011_KQED_Napa_VineyardFarmWorkers_09302020-qut-1536x1024.jpg 1536w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003cfigcaption class=\"wp-caption-text\">More than 4,200 laborers from around the world come to work in California with an H-2A visa. Most of them are employed in the agricultural industry. While these workers are protected by the same labor laws as anybody else, labor advocates say they are especially vulnerable to retaliation if they speak up against what they consider to be unfair or unsafe labor practices. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003ch2>'Employers do retaliate' even though it's illegal\u003c/h2>\n\u003cp>Cynthia Rice has worked as a labor rights attorney for over 20 years. She’s now the director of litigation, advocacy and training at California Rural Legal Assistance, a nonprofit law firm that provides free legal aid across the state. She’s represented dozens of agricultural workers in cases involving dangerous working conditions, wage theft and retaliation.\u003c/p>\n\u003cp>At the start of each conversation with a new client, she makes one point clear.\u003c/p>\n\u003cp>“Retaliation is illegal,” she said, while adding that, “we never say the employer can't retaliate against you because of course the employer can retaliate against you. It’s just illegal and employers do retaliate.”\u003c/p>\n\u003cp>Thanks to decades of farmworker- and immigrant-led organizing, California has several agencies that enforce labor laws, including anti-retaliation rules. The ALRB was created after then-Gov. Jerry Brown signed the \u003ca href=\"https://www.alrb.ca.gov/forms-publications/fact-sheets/fact-sheet-english/\">California Agricultural Labor Relations Act\u003c/a> in 1975, which guaranteed collective bargaining rights for farmworkers. Additionally, the \u003ca href=\"https://www.dir.ca.gov/dlse/\">California Labor Commissioner’s Office\u003c/a> investigates underpaid or missing wages, and the \u003ca href=\"https://www.dir.ca.gov/dosh/\">California Occupational Safety and Health Standards Board\u003c/a> (Cal/OSHA) enforces workplace safety rules like \u003ca href=\"https://www.kqed.org/news/11886628/feeling-the-heat-how-workers-can-advocate-for-safer-working-conditions-under-the-sun\">heat protections for outdoor workers\u003c/a>.\u003c/p>\n\u003cp>[pullquote align=\"right\" size=\"medium\" citation=\"Cynthia Rice, director of litigation, advocacy and training, California Rural Legal Assistance\"]'We never say the employer can't retaliate against you because of course the employer can retaliate against you.'[/pullquote]At the federal level, the Department of Labor processes job orders for the H-2A program and enforces employment contracts and the federal laws meant to protect guest workers. The department’s \u003ca href=\"https://www.dol.gov/agencies/whd\">Wage and Hour Division\u003c/a> investigates cases where employers may not be paying their workers properly or failing to provide housing, transportation or meals, \u003ca href=\"https://www.dol.gov/sites/dolgov/files/WHD/legacy/files/whdfs26.pdf\">which is required by the federal government\u003c/a>.\u003c/p>\n\u003cp>Many immigrant farmworkers Rice has worked with come to her after they’ve been terminated or when they’re about to go back to their home countries after the harvest season. “Then they talk about the hours that were shaved or the meals and restrooms that they didn't get,” she explained.\u003c/p>\n\u003cp>But waiting until the end of harvest season to file a claim with the ALRB or other labor agencies is usually too late, she said, particularly for H-2A workers who typically have to leave the U.S. soon after. It gives attorneys like Rice very limited time to collect evidence and testimony before the worker heads back to their home country, which usually complicates communication as many H-2A holders come from rural communities in Mexico, Central America and the Caribbean, with limited access to the internet and telephone reception.\u003c/p>\n\u003cp>So why wait until the very last moment to speak up?\u003c/p>\n\u003cp>Retaliation can mean losing your job (and with that, your H-2A visa) after speaking up, but it can also include intimidation or punishment. Samuel remembers when his crew was working the fields in temperatures exceeding 95 degrees. “There were times where we felt so dehydrated that we were going to pass out,” he said. “We felt we wanted to vomit.”\u003c/p>\n\u003cp>[aside postID=\"news_11886628\" hero=\"https://ww2.kqed.org/app/uploads/sites/10/2021/08/RS50596_019_SanFrancisco_HeatWaveImpacts_08062021-qut-1020x680.jpg\"]\u003ca id=\"workplace\">\u003c/a>When he’d tell the foreman how he and others were feeling, Samuel said the foreman would laugh at them and tell them to keep working. Kevin said that there were many hot days where the workers didn’t have any of the heat protections required by California law. “When it was 90, 95 degrees, we didn’t have any shady spots to have a glass of water or rest for a bit,” he said.\u003c/p>\n\u003cp>When outside temperatures exceed 80 degrees, \u003ca href=\"https://www.kqed.org/news/11886628/feeling-the-heat-how-workers-can-advocate-for-safer-working-conditions-under-the-sun\">Cal/OSHA requires employers to provide their workers with sufficient water, shade and rest\u003c/a>. That means each employee should be able to drink at least one quart of water per hour and request breaks in the shade whenever they feel the need to. But a 2021 NPR investigation found that even with these protections in place, \u003ca href=\"https://www.kqed.org/news/11886402/why-california-workers-are-still-dying-from-heat-despite-protections\">nearly four dozen California workers died from heatstroke\u003c/a> and other heat-related illnesses within a 10-year period.\u003c/p>\n\u003cp>Cal/OSHA has stated that heat-related deaths can be prevented, but the agency has struggled with understaffing for years, \u003ca href=\"https://www.kqed.org/news/11886402/why-california-workers-are-still-dying-from-heat-despite-protections\">making it harder for it to enforce its rules across California’s thousands of farms\u003c/a>. So in many cases, the responsibility of protecting workers from heat falls solely on the employer.\u003c/p>\n\u003ch2>A network of retaliation in the US — and abroad\u003c/h2>\n\u003cp>A 2020 report by the migrant rights group Centro de los Derechos del Migrante \u003ca href=\"https://cdmigrante.org/wp-content/uploads/2020/04/Ripe-for-Reform.pdf\">shows that it's common for H-2A employers nationwide to intimidate workers to exert greater control over them\u003c/a> and prevent them from feeling safe enough to speak up while they’re employed. Out of 100 former H-2A workers the organization spoke to, 100% of them experienced at least one serious legal violation and 94% experienced three or more serious legal violations.\u003c/p>\n\u003cp>Rice from CRLA points out that H-2A employers have an incredible amount of control over workers. An employer \u003ca href=\"https://www.dol.gov/sites/dolgov/files/WHD/legacy/files/whdfs26.pdf\">must provide housing, meals and transportation to and from the work site\u003c/a>. Because many workers don’t have a U.S. driver’s license or their own vehicle, they also depend on their bosses for transportation to go grocery shopping, to receive medical care and for other essential activities.\u003c/p>\n\u003cp>“A worker who is experiencing bad working conditions can always vote with his or her feet, right?” Rice said. “Well, that's not true for H-2A workers.”\u003c/p>\n\u003cp>[aside postID=\"news_11886402\" hero=\"https://ww2.kqed.org/app/uploads/sites/10/2021/08/DSCF1773-1020x680.jpg\"]“The program is really closer to a kind of indentured servitude that we had in prior decades under sharecropper relationships post-emancipation,” she added. “There is such a dependency that the worker has on the employer and you can't really say that they're free to engage in activity anywhere else.”\u003c/p>\n\u003cp>Abusive employers can exert control over workers even when they are no longer living in the U.S. In order to find employees, many H-2A employers depend on third-party recruiters that operate all over the world. The recruitment process is rife with abuse, as some recruiters charge workers exorbitant amounts to connect them with American companies, \u003ca href=\"https://cdmigrante.org/wp-content/uploads/2020/04/Ripe-for-Reform.pdf\">some practice debt bondage and others mislead workers entirely about job opportunities\u003c/a>. Additionally, a 2015 report by the U.S. Government Accountability Office (GAO) \u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/06/gao-2015-report-on-h2a-program-668875.pdf\">found that recruiters often blacklist any worker who speaks up about abuses to their employer\u003c/a>.\u003c/p>\n\u003cp>These recruiters, which range from informal one-person operations to multinational corporations, usually work for several employers spread out across the U.S. So when recruiters blacklist a worker, they’re not just doing so for one employer but potentially for whole sectors of the agriculture industry.\u003c/p>\n\u003cp>Rice has seen this happen several times with clients who spoke up about an employer in one state, only to later have trouble finding a job in other states.\u003c/p>\n\u003cp>“The first thing that the employer does once a worker has complained about wages or working conditions,” she said, “is go back to the recruiter and say, ‘I don't want to hire this guy next year because they complained about me,’ and that affects not only recruitment for that particular employer, but also for all of the employers that a recruiter has a relationship with.”\u003c/p>\n\u003cp>Even when workers have returned to their countries of origin, the possibility of being blacklisted still exists. In the \u003ca href=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2022/06/gao-2015-report-on-h2a-program-668875.pdf\">2015 GAO report\u003c/a>, federal officials traveled to Mexico to talk to former H-2A workers and noted that laborers were concerned about being seen talking to U.S. investigators in their hometowns because “people walking by could possibly see and report them to the local recruiter.”\u003c/p>\n\u003cp>[pullquote align=\"right\" size=\"medium\" citation=\"Elizabeth Strater, director of strategic campaigns, United Farm Workers\"]'There is a tremendous amount of control over access to those [H-2A] visas [exerted by recruiters] within the communities of origin.'[/pullquote]The United Farm Workers union, which operates nationwide, also has noticed this phenomenon. Elizabeth Strater, director of strategic campaigns with the UFW, said many Jamaican H-2A workers in the U.S. will stick it out with a bad employer for a whole year just to stay within the recruitment pool for the next year. “There is also a tremendous amount of control over access to those visas [exerted by recruiters] within the communities of origin,” she said.\u003c/p>\n\u003cp>When Mauritson Farms first hired their crew in 2019, Samuel and Kevin say that the company arranged the recruitment process directly, using WhatsApp to coordinate. But in 2022, the vineyard switched to using a third-party recruiter, Cierto Global, a multinational farm labor contractor that was dubbed an “ethical recruiter” by the Biden administration earlier this year.\u003c/p>\n\u003cp>But Samuel and Kevin still worry that they now will have a much harder time finding a job in agriculture in the U.S. “I think [Mauritson] didn’t want any more problems to come up for them anymore,” Kevin said, “so they brought on the recruiter to be more selective.”\u003c/p>\n\u003ch2>Regulating the recruiter network\u003c/h2>\n\u003cp>How can labor officials prevent retaliation by American companies against H-2A workers if it happens outside the U.S.?\u003c/p>\n\u003cp>The GAO report points out that because recruitment happens outside the U.S., there’s very little federal oversight. Although the Department of Homeland Security keeps track of every incoming H-2A immigrant, there's no federal database that tracks which agents are recruiting them.\u003c/p>\n\u003cp>[pullquote align=\"right\" size=\"medium\" citation=\"Ruben Lugo, regional enforcement coordinator, Department of Labor\"]'Our enforcement authority is just in the United States. We can't regulate what these third-party recruiters are doing.'[/pullquote]State agencies like California’s ALRB, which is currently investigating the Mauritson case, also have a hard time enforcing anti-retaliation laws in these situations. Regional director Jessica Arciniega shared that these types of situations are difficult for her agency due to jurisdictional limitations, but in certain cases, this sort of retaliation can fit into an ongoing unfair labor practice investigation.\u003c/p>\n\u003cp>“If there is evidence that the recruiter was an agent of the employer, then it may be part of something that we investigate,” she said.\u003c/p>\n\u003cp>At the federal level, Department of Labor officials are constrained by their jurisdiction. “Our enforcement authority is just in the United States. We can't regulate what these third-party recruiters are doing, let's just say, in Mexico,” said Ruben Lugo, regional enforcement coordinator.\u003c/p>\n\u003cp>However, Lugo explains, if a group of workers reported a breach of contract to the Department of Labor by their employer, and the following year none of the workers who were cooperating with the investigation were rehired, “then we can clearly discern that these workers were retaliated [against].”\u003c/p>\n\u003cp>In this situation, the federal government can order the employer to rehire the affected workers. In cases involving wage theft, officials also can require companies to pay back what they owe workers, along with civil penalties. For repeat offenders, authorities can even remove an employer from the H-2A program.\u003c/p>\n\u003cp>But at the end of the day, these consequences apply only for agriculture companies in the U.S., not recruiters abroad. In 2018, over 90% of H-2A workers were from Mexico and the \u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/06/gao-2015-report-on-h2a-program-668875.pdf\">2018 GOA report\u003c/a> shows that the recruiter network operates extensively throughout that country.\u003c/p>\n\u003cp>[aside label='More Labor Coverage' tag='labor-rights']Migrant worker advocates argue that the Mexican government, along with the governments of other countries H-2A immigrants travel from, should be more proactive about regulating the activities of these recruiters and educating workers on what their labor rights are before they leave for the U.S.\u003c/p>\n\u003cp>But Mexican officials KQED spoke to pushed back, arguing that isn’t the responsibility of the Mexican government — despite millions of dollars flowing back to Mexico each year as remittances from Mexican nationals working for the U.S. agriculture industry.\u003c/p>\n\u003cp>“H-2A visas are not part of a binational program,” said Remedios Gómez Arnau, consul general of Mexico in San Francisco. The Mexican government has no part in the hiring process and only plays a role through its consular system once Mexican nationals are in American territory, she added.\u003c/p>\n\u003cp>“Once somebody leaves Mexico and enters another country using a visa, then that’s when we can figure out here if the national approaches a consulate and tells us what their issue is,” she said. “But before that, Mexican authorities don’t know who is being hired by who.”\u003c/p>\n\u003cfigure id=\"attachment_11918371\" class=\"wp-caption aligncenter\" style=\"max-width: 2560px\">\u003cimg class=\"wp-image-11918371 size-full\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/06/DSC02464-1-scaled.jpeg\" alt='A group of people protest outside an office building. Many are holding signs, one says in Spanish, \"Pago extra por peligros\" or \"hazard pay\" in English.' width=\"2560\" height=\"1710\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2022/06/DSC02464-1-scaled.jpeg 2560w, https://ww2.kqed.org/app/uploads/sites/10/2022/06/DSC02464-1-800x534.jpeg 800w, https://ww2.kqed.org/app/uploads/sites/10/2022/06/DSC02464-1-1020x681.jpeg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2022/06/DSC02464-1-160x107.jpeg 160w, https://ww2.kqed.org/app/uploads/sites/10/2022/06/DSC02464-1-1536x1026.jpeg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2022/06/DSC02464-1-2048x1368.jpeg 2048w, https://ww2.kqed.org/app/uploads/sites/10/2022/06/DSC02464-1-1920x1282.jpeg 1920w\" sizes=\"(max-width: 2560px) 100vw, 2560px\">\u003cfigcaption class=\"wp-caption-text\">Farmworkers and organizers with the labor rights group North Bay Jobs With Justice picket outside the Department of Emergency Management of Sonoma County on June 9, 2022. A coalition of workers and organizers have pushed Sonoma County officials for months to put into place five safety standards, meant to protect workers as wildfires intensify due to climate change, including hazard pay for farm laborers who work in wildfire evacuation zones. \u003ccite>(Courtesy of Derek Knowles)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003ch2>'The way we protect workers must change'\u003c/h2>\n\u003cp>Samuel and Kevin don’t regret speaking up.\u003c/p>\n\u003cp>“We’re acting within our rights,” Samuel said. “It’s not just one worker who spoke up but many.”\u003c/p>\n\u003cp>For the team at North Bay Jobs With Justice who have been working with this group of workers since last year, this case could set a precedent for the fight to protect farmworkers in wine country and the rest of California against retaliation and unsafe labor practices.\u003c/p>\n\u003cp>If the ALRB finds that Mauritson did retaliate against its workers, that could encourage other workers across the region to report their own experiences to labor officials, said Ana Salgado, community co-chair of the NBJWJ board. That could potentially fuel the movement for greater worker protections ahead of wildfire season.\u003c/p>\n\u003cp>A coalition of worker advocacy groups, including NBJWJ, \u003ca href=\"https://actionnetwork.org/petitions/farmworkers-deserve-safety-and-respect-in-sonoma-county?source=ig\">have pushed Sonoma County officials for months to put into place five safety standards\u003c/a> meant to protect workers as wildfires intensify due to climate change. These include providing safety and fire evacuation training in the workers’ first languages, including Indigenous languages, and allowing independent community observers to assess the safety of workers out in the field, so that workers are not alone when they report unsafe conditions.\u003c/p>\n\u003cp>“The Earth is changing, and the way we protect workers must change as well,” said Salgado in Spanish.\u003c/p>\n\u003cfigure id=\"attachment_11918370\" class=\"wp-caption aligncenter\" style=\"max-width: 2560px\">\u003cimg class=\"wp-image-11918370 size-full\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/06/DSC02491-scaled.jpeg\" alt=\"A group of people play the drums outside of an office building.\" width=\"2560\" height=\"1710\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2022/06/DSC02491-scaled.jpeg 2560w, https://ww2.kqed.org/app/uploads/sites/10/2022/06/DSC02491-800x534.jpeg 800w, https://ww2.kqed.org/app/uploads/sites/10/2022/06/DSC02491-1020x681.jpeg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2022/06/DSC02491-160x107.jpeg 160w, https://ww2.kqed.org/app/uploads/sites/10/2022/06/DSC02491-1536x1026.jpeg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2022/06/DSC02491-2048x1368.jpeg 2048w, https://ww2.kqed.org/app/uploads/sites/10/2022/06/DSC02491-1920x1282.jpeg 1920w\" sizes=\"(max-width: 2560px) 100vw, 2560px\">\u003cfigcaption class=\"wp-caption-text\">Protesters gathered outside the Department of Emergency Management of Sonoma County on June 9, 2022, to demand greater protections for farmworkers before the onset of wildfire season. Organizers point out that climate change will only worsen in the coming years and insist that officials expand labor regulations to better protect workers as global temperatures increase. \u003ccite>(Courtesy of Derek Knowles)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Beyond Sonoma County, migrant rights advocates also are proposing structural reforms to the H-2A program to hold both employers and recruiters accountable for retaliation. Centro de los Derechos del Migrante has recommended that Congress approve legislation that reforms the recruitment process and ensures that workers who have suffered a labor rights violation in the U.S. can still access legal services once they’ve left the country. They’re also encouraging federal agencies, including the Department of Labor, to create a database accessible to workers that keeps track of H-2A employers and their recruiters.\u003c/p>\n\u003cp>[pullquote align=\"right\" size=\"medium\" citation=\"Ana Salgado, community co-chair, North Bay Jobs With Justice\"]'The Earth is changing, and the way we protect workers must change as well.'[/pullquote]Cynthia Rice, attorney with the CRLA, points out a loophole in the existing accountability mechanism for H-2A employers: When a worker sues their company for an illegal labor practice, that company can settle the lawsuit and avoid admitting they violated labor law.\u003c/p>\n\u003cp>“Because there has not been any admission of liability or wrongdoing, that employer can get another H-2A order the next year,” Rice said. If federal officials took into consideration which companies are settling lawsuits year after year when it decides which ones get to stay in the H-2A program, it could prevent employers who don’t protect their workers from staying.\u003c/p>\n\u003cp>Reforming the program isn’t just necessary to better protect H-2A workers, Rice said, but also would benefit American workers. When H-2A workers are more vulnerable to retaliation, that makes them more attractive to hire, since employers know they can exploit them without having to fear the same consequences they’d face in hiring Americans.\u003c/p>\n\u003cp>[pullquote align=\"right\" size=\"medium\" citation=\"Kevin, former H-2A worker\"]'We felt awful with the abuse we received, so we set out to learn what the employer actually needs to do.'[/pullquote]While he waits to hear the ALRB’s decision, Kevin has been sharing everything he’s learned in the past year with friends who are considering working in the U.S. He doesn’t want others to go through the same things he did.\u003c/p>\n\u003cp>“We were happy with the job we had over there because it gave us the economic means to send money back to our families and save for a home or a business,” he said. But he added that doesn’t justify how he was treated: “We felt awful with the abuse we received, so we set out to learn what the employer actually needs to do.”\u003c/p>\n\u003cp>\u003cem>This story has been updated.\u003c/em>\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n","blocks":[],"excerpt":"What's it like for immigrant farmworkers to report an unfair labor practice? Advocates say laborers with H-2A visas are vulnerable to retaliation not just from their employers but from recruiters that connect them to jobs in the future.","status":"publish","parent":0,"modified":1657748953,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":70,"wordCount":3995},"headData":{"title":"Blacklisted for Speaking Up: How California Farmworkers Fighting Abuses Are Vulnerable to Retaliation | KQED","description":"What's it like for immigrant farmworkers to report an unfair labor practice? Advocates say laborers with H-2A visas are vulnerable to retaliation not just from their employers but from recruiters that connect them to jobs in the future.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Blacklisted for Speaking Up: How California Farmworkers Fighting Abuses Are Vulnerable to Retaliation","datePublished":"2022-06-30T19:31:53.000Z","dateModified":"2022-07-13T21:49:13.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"11918317 https://ww2.kqed.org/news/?p=11918317","disqusUrl":"https://ww2.kqed.org/news/2022/06/30/blacklisted-for-speaking-up-how-california-farmworkers-fighting-abuses-are-vulnerable-to-retaliation/","disqusTitle":"Blacklisted for Speaking Up: How California Farmworkers Fighting Abuses Are Vulnerable to Retaliation","audioUrl":"https://traffic.omny.fm/d/clips/0af137ef-751e-4b19-a055-aaef00d2d578/ffca7e9f-6831-41c5-bcaf-aaef00f5a073/04ca2167-999b-4f7b-b9e1-aed1012ae3f7/audio.mp3","excludeFromSiteSearch":"Include","path":"/news/11918317/blacklisted-for-speaking-up-how-california-farmworkers-fighting-abuses-are-vulnerable-to-retaliation","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003ca href=\"https://www.kqed.org/news/11919450/trabajar-con-una-visa-h-2a-en-estados-unidos-represalias-derechos\">\u003cem>Leer en español\u003c/em>\u003c/a>\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003cspan class=\"utils-parseShortcode-shortcodes-__dropcapShortcode__dropcap\">A\u003c/span>\u003c/p>\u003cp> pair of boots, shirts and pants.\u003c/p>\n\u003cp>That’s what Samuel left in the room he shared with other field workers at Mauritson Farms in Healdsburg, in the heart of Sonoma County’s wine country, last October.\u003c/p>\n\u003cp>He was heading back to his family in his hometown in Oaxaca, Mexico. The harvest had ended and his H-2A visa would soon expire.\u003c/p>\n\u003cp>He started working at Mauritson Farms in 2019 with an H-2A visa, \u003ca href=\"https://www.uscis.gov/working-in-the-united-states/temporary-workers/h-2a-temporary-agricultural-workers\">which lets agricultural workers stay in the U.S. for limited periods of time\u003c/a>. The program was modeled off the Bracero Program, which was created in 1942, thanks to an agreement between the U.S. and Mexican governments that brought Mexican workers to American farms. Labor rights groups point out that \u003ca href=\"https://www.npr.org/sections/thesalt/2018/07/31/634442195/when-the-u-s-government-tried-to-replace-migrant-farmworkers-with-high-schoolers\">many of those braceros experienced wage theft, physical abuse and terrible working and living conditions\u003c/a>.\u003c/p>\n\u003cp>Through the H-2A program, Samuel and a group of other young men from towns and rural communities in and around the Sola de Vega district in Oaxaca have come to California for years — from February through October — to work at Mauritson Farms, which owns and controls the vineyards that produce Mauritson Wines.\u003c/p>\n\u003cp>He left his belongings in Healdsburg with plans to come back in 2022. But he was never rehired by Mauritson Farms.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>At the end of the 2021 growing season, Samuel and five other workers from Oaxaca spoke up against what \u003ca href=\"#workplace\">they believed to be unfair and unsafe working conditions they had experienced for the past three years\u003c/a>. They said they were asked to work on extremely hot days without adequate protections against the heat, that hours of their pay were docked for unjustified reasons and that they suffered verbal abuse from the foreman who supervised them.\u003c/p>\n\u003cp>With the support of the labor rights group North Bay Jobs With Justice, the group of six workers met with Cameron Mauritson, manager of the vineyard, in October to explain what they were experiencing.\u003c/p>\n\u003cp>“He apologized to us and said he was really sorry that this had happened at his company,” said Kevin, who also was at the meeting and worked alongside Samuel for the same period of time. “He promised that he would hire us again.”\u003c/p>\n\u003cp>For Samuel and Kevin — whose real names KQED is not using due to their fears of employment loss — this promise represented a lot more than a job offer for the next year. It signaled that the group could feel comfortable speaking out against unsafe working conditions and that Mauritson wouldn’t do what they feared the most: retaliate against them by not hiring them again.\u003c/p>\n\u003cp>“We left our things [at Mauritson Farms] believing we would come back,” Samuel said. “But none of it was true.”\u003c/p>\n\u003cfigure id=\"attachment_11918388\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg class=\"wp-image-11918388 size-full\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/06/RS45142_017_KQED_Napa_VineyardFarmWorkers_09302020-qut.jpg\" alt=\"A grapevine in a field. The grapes are ripe and ready to pick.\" width=\"1920\" height=\"1280\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2022/06/RS45142_017_KQED_Napa_VineyardFarmWorkers_09302020-qut.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2022/06/RS45142_017_KQED_Napa_VineyardFarmWorkers_09302020-qut-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2022/06/RS45142_017_KQED_Napa_VineyardFarmWorkers_09302020-qut-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2022/06/RS45142_017_KQED_Napa_VineyardFarmWorkers_09302020-qut-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2022/06/RS45142_017_KQED_Napa_VineyardFarmWorkers_09302020-qut-1536x1024.jpg 1536w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003cfigcaption class=\"wp-caption-text\">Samuel and Kevin started coming to California in 2019 with H-2A visas. They would come in February and leave at the end of the grape harvest season in October. They now wait in their hometowns in Oaxaca to hear what an ALRB investigation finds. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Out of the six workers who met with Mauritson in October, none was called back to work in 2022, despite their completion of an application with Cierto Global, the company’s third-party recruiter service. Both Samuel and Kevin believe they were not rehired because they told management about unsafe working conditions they were experiencing in Mauritson's vineyards, a right protected by California labor standards.\u003c/p>\n\u003cp>North Bay Jobs With Justice representatives said they have reached out to Mauritson several times since February without receiving a response. Mauritson also declined KQED’s request for an interview.\u003c/p>\n\u003cp>On February 7, North Bay Jobs With Justice filed an unfair labor practice charge on behalf of the six workers with the California Agricultural Labor Relations Board (ALRB), the state agency that investigates possible workplace abuses in the agricultural industry. The charge \u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/06/3.3.22-ULP-Against-Employer-Mauritson-Farms-Inc..pdf\">states that Mauritson Farms discriminated against the workers\u003c/a> by “refusing to rehire them because they engaged in protected concerted activity.”\u003c/p>\n\u003cp>As the ALRB investigation moves forward, Samuel and Kevin spend their days taking on whatever work they can get in Oaxaca and looking for different farming jobs in the U.S., but with little luck. The window to receive an H-2A visa this year has closed, so they must look for jobs that don’t offer visas. With their remaining savings depleted and families to feed, time is running out to make enough money to survive.\u003c/p>\n\u003cp>California, home to the country’s largest agriculture sector, also has the nation’s third-most H-2A workers. Last year, \u003ca href=\"https://s3.documentcloud.org/documents/22082364/h2a-statistics.pdf\">more than 32,000 H-2A laborers from around the world worked in the state supporting the agriculture industry\u003c/a>. And even though California has an extensive system of agencies and regulations meant to protect these workers, H-2A immigrants are still extremely vulnerable to illegal retaliation by their employers.\u003c/p>\n\u003cp>To bring foreign workers to the U.S., many H-2A employers use a network of both formal and informal recruiters that operate both inside and outside the country. Workers like Samuel and Kevin depend on these recruiters to find jobs in the U.S. and navigate the visa application process.\u003c/p>\n\u003cp>But when a worker speaks up about illegal labor practices, advocates say these recruiters often make sure the worker is blacklisted across the industry — making it harder for these laborers to find another job in the U.S. and for agricultural industry and labor agencies, who only have jurisdiction in the U.S., to enforce anti-retaliation rules.\u003c/p>\n\u003cfigure id=\"attachment_11918390\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003cimg class=\"size-full wp-image-11918390\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/06/RS45137_011_KQED_Napa_VineyardFarmWorkers_09302020-qut.jpg\" alt=\"Rows of grapevines in a field. In the background, a worker can be seen picking grapes.\" width=\"1920\" height=\"1280\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2022/06/RS45137_011_KQED_Napa_VineyardFarmWorkers_09302020-qut.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2022/06/RS45137_011_KQED_Napa_VineyardFarmWorkers_09302020-qut-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2022/06/RS45137_011_KQED_Napa_VineyardFarmWorkers_09302020-qut-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2022/06/RS45137_011_KQED_Napa_VineyardFarmWorkers_09302020-qut-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2022/06/RS45137_011_KQED_Napa_VineyardFarmWorkers_09302020-qut-1536x1024.jpg 1536w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003cfigcaption class=\"wp-caption-text\">More than 4,200 laborers from around the world come to work in California with an H-2A visa. Most of them are employed in the agricultural industry. While these workers are protected by the same labor laws as anybody else, labor advocates say they are especially vulnerable to retaliation if they speak up against what they consider to be unfair or unsafe labor practices. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003ch2>'Employers do retaliate' even though it's illegal\u003c/h2>\n\u003cp>Cynthia Rice has worked as a labor rights attorney for over 20 years. She’s now the director of litigation, advocacy and training at California Rural Legal Assistance, a nonprofit law firm that provides free legal aid across the state. She’s represented dozens of agricultural workers in cases involving dangerous working conditions, wage theft and retaliation.\u003c/p>\n\u003cp>At the start of each conversation with a new client, she makes one point clear.\u003c/p>\n\u003cp>“Retaliation is illegal,” she said, while adding that, “we never say the employer can't retaliate against you because of course the employer can retaliate against you. It’s just illegal and employers do retaliate.”\u003c/p>\n\u003cp>Thanks to decades of farmworker- and immigrant-led organizing, California has several agencies that enforce labor laws, including anti-retaliation rules. The ALRB was created after then-Gov. Jerry Brown signed the \u003ca href=\"https://www.alrb.ca.gov/forms-publications/fact-sheets/fact-sheet-english/\">California Agricultural Labor Relations Act\u003c/a> in 1975, which guaranteed collective bargaining rights for farmworkers. Additionally, the \u003ca href=\"https://www.dir.ca.gov/dlse/\">California Labor Commissioner’s Office\u003c/a> investigates underpaid or missing wages, and the \u003ca href=\"https://www.dir.ca.gov/dosh/\">California Occupational Safety and Health Standards Board\u003c/a> (Cal/OSHA) enforces workplace safety rules like \u003ca href=\"https://www.kqed.org/news/11886628/feeling-the-heat-how-workers-can-advocate-for-safer-working-conditions-under-the-sun\">heat protections for outdoor workers\u003c/a>.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'We never say the employer can't retaliate against you because of course the employer can retaliate against you.'","name":"pullquote","attributes":{"named":{"align":"right","size":"medium","citation":"Cynthia Rice, director of litigation, advocacy and training, California Rural Legal Assistance","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>At the federal level, the Department of Labor processes job orders for the H-2A program and enforces employment contracts and the federal laws meant to protect guest workers. The department’s \u003ca href=\"https://www.dol.gov/agencies/whd\">Wage and Hour Division\u003c/a> investigates cases where employers may not be paying their workers properly or failing to provide housing, transportation or meals, \u003ca href=\"https://www.dol.gov/sites/dolgov/files/WHD/legacy/files/whdfs26.pdf\">which is required by the federal government\u003c/a>.\u003c/p>\n\u003cp>Many immigrant farmworkers Rice has worked with come to her after they’ve been terminated or when they’re about to go back to their home countries after the harvest season. “Then they talk about the hours that were shaved or the meals and restrooms that they didn't get,” she explained.\u003c/p>\n\u003cp>But waiting until the end of harvest season to file a claim with the ALRB or other labor agencies is usually too late, she said, particularly for H-2A workers who typically have to leave the U.S. soon after. It gives attorneys like Rice very limited time to collect evidence and testimony before the worker heads back to their home country, which usually complicates communication as many H-2A holders come from rural communities in Mexico, Central America and the Caribbean, with limited access to the internet and telephone reception.\u003c/p>\n\u003cp>So why wait until the very last moment to speak up?\u003c/p>\n\u003cp>Retaliation can mean losing your job (and with that, your H-2A visa) after speaking up, but it can also include intimidation or punishment. Samuel remembers when his crew was working the fields in temperatures exceeding 95 degrees. “There were times where we felt so dehydrated that we were going to pass out,” he said. “We felt we wanted to vomit.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"postid":"news_11886628","hero":"https://ww2.kqed.org/app/uploads/sites/10/2021/08/RS50596_019_SanFrancisco_HeatWaveImpacts_08062021-qut-1020x680.jpg","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003ca id=\"workplace\">\u003c/a>When he’d tell the foreman how he and others were feeling, Samuel said the foreman would laugh at them and tell them to keep working. Kevin said that there were many hot days where the workers didn’t have any of the heat protections required by California law. “When it was 90, 95 degrees, we didn’t have any shady spots to have a glass of water or rest for a bit,” he said.\u003c/p>\n\u003cp>When outside temperatures exceed 80 degrees, \u003ca href=\"https://www.kqed.org/news/11886628/feeling-the-heat-how-workers-can-advocate-for-safer-working-conditions-under-the-sun\">Cal/OSHA requires employers to provide their workers with sufficient water, shade and rest\u003c/a>. That means each employee should be able to drink at least one quart of water per hour and request breaks in the shade whenever they feel the need to. But a 2021 NPR investigation found that even with these protections in place, \u003ca href=\"https://www.kqed.org/news/11886402/why-california-workers-are-still-dying-from-heat-despite-protections\">nearly four dozen California workers died from heatstroke\u003c/a> and other heat-related illnesses within a 10-year period.\u003c/p>\n\u003cp>Cal/OSHA has stated that heat-related deaths can be prevented, but the agency has struggled with understaffing for years, \u003ca href=\"https://www.kqed.org/news/11886402/why-california-workers-are-still-dying-from-heat-despite-protections\">making it harder for it to enforce its rules across California’s thousands of farms\u003c/a>. So in many cases, the responsibility of protecting workers from heat falls solely on the employer.\u003c/p>\n\u003ch2>A network of retaliation in the US — and abroad\u003c/h2>\n\u003cp>A 2020 report by the migrant rights group Centro de los Derechos del Migrante \u003ca href=\"https://cdmigrante.org/wp-content/uploads/2020/04/Ripe-for-Reform.pdf\">shows that it's common for H-2A employers nationwide to intimidate workers to exert greater control over them\u003c/a> and prevent them from feeling safe enough to speak up while they’re employed. Out of 100 former H-2A workers the organization spoke to, 100% of them experienced at least one serious legal violation and 94% experienced three or more serious legal violations.\u003c/p>\n\u003cp>Rice from CRLA points out that H-2A employers have an incredible amount of control over workers. An employer \u003ca href=\"https://www.dol.gov/sites/dolgov/files/WHD/legacy/files/whdfs26.pdf\">must provide housing, meals and transportation to and from the work site\u003c/a>. Because many workers don’t have a U.S. driver’s license or their own vehicle, they also depend on their bosses for transportation to go grocery shopping, to receive medical care and for other essential activities.\u003c/p>\n\u003cp>“A worker who is experiencing bad working conditions can always vote with his or her feet, right?” Rice said. “Well, that's not true for H-2A workers.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"postid":"news_11886402","hero":"https://ww2.kqed.org/app/uploads/sites/10/2021/08/DSCF1773-1020x680.jpg","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>“The program is really closer to a kind of indentured servitude that we had in prior decades under sharecropper relationships post-emancipation,” she added. “There is such a dependency that the worker has on the employer and you can't really say that they're free to engage in activity anywhere else.”\u003c/p>\n\u003cp>Abusive employers can exert control over workers even when they are no longer living in the U.S. In order to find employees, many H-2A employers depend on third-party recruiters that operate all over the world. The recruitment process is rife with abuse, as some recruiters charge workers exorbitant amounts to connect them with American companies, \u003ca href=\"https://cdmigrante.org/wp-content/uploads/2020/04/Ripe-for-Reform.pdf\">some practice debt bondage and others mislead workers entirely about job opportunities\u003c/a>. Additionally, a 2015 report by the U.S. Government Accountability Office (GAO) \u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/06/gao-2015-report-on-h2a-program-668875.pdf\">found that recruiters often blacklist any worker who speaks up about abuses to their employer\u003c/a>.\u003c/p>\n\u003cp>These recruiters, which range from informal one-person operations to multinational corporations, usually work for several employers spread out across the U.S. So when recruiters blacklist a worker, they’re not just doing so for one employer but potentially for whole sectors of the agriculture industry.\u003c/p>\n\u003cp>Rice has seen this happen several times with clients who spoke up about an employer in one state, only to later have trouble finding a job in other states.\u003c/p>\n\u003cp>“The first thing that the employer does once a worker has complained about wages or working conditions,” she said, “is go back to the recruiter and say, ‘I don't want to hire this guy next year because they complained about me,’ and that affects not only recruitment for that particular employer, but also for all of the employers that a recruiter has a relationship with.”\u003c/p>\n\u003cp>Even when workers have returned to their countries of origin, the possibility of being blacklisted still exists. In the \u003ca href=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2022/06/gao-2015-report-on-h2a-program-668875.pdf\">2015 GAO report\u003c/a>, federal officials traveled to Mexico to talk to former H-2A workers and noted that laborers were concerned about being seen talking to U.S. investigators in their hometowns because “people walking by could possibly see and report them to the local recruiter.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'There is a tremendous amount of control over access to those [H-2A] visas [exerted by recruiters] within the communities of origin.'","name":"pullquote","attributes":{"named":{"align":"right","size":"medium","citation":"Elizabeth Strater, director of strategic campaigns, United Farm Workers","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>The United Farm Workers union, which operates nationwide, also has noticed this phenomenon. Elizabeth Strater, director of strategic campaigns with the UFW, said many Jamaican H-2A workers in the U.S. will stick it out with a bad employer for a whole year just to stay within the recruitment pool for the next year. “There is also a tremendous amount of control over access to those visas [exerted by recruiters] within the communities of origin,” she said.\u003c/p>\n\u003cp>When Mauritson Farms first hired their crew in 2019, Samuel and Kevin say that the company arranged the recruitment process directly, using WhatsApp to coordinate. But in 2022, the vineyard switched to using a third-party recruiter, Cierto Global, a multinational farm labor contractor that was dubbed an “ethical recruiter” by the Biden administration earlier this year.\u003c/p>\n\u003cp>But Samuel and Kevin still worry that they now will have a much harder time finding a job in agriculture in the U.S. “I think [Mauritson] didn’t want any more problems to come up for them anymore,” Kevin said, “so they brought on the recruiter to be more selective.”\u003c/p>\n\u003ch2>Regulating the recruiter network\u003c/h2>\n\u003cp>How can labor officials prevent retaliation by American companies against H-2A workers if it happens outside the U.S.?\u003c/p>\n\u003cp>The GAO report points out that because recruitment happens outside the U.S., there’s very little federal oversight. Although the Department of Homeland Security keeps track of every incoming H-2A immigrant, there's no federal database that tracks which agents are recruiting them.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'Our enforcement authority is just in the United States. We can't regulate what these third-party recruiters are doing.'","name":"pullquote","attributes":{"named":{"align":"right","size":"medium","citation":"Ruben Lugo, regional enforcement coordinator, Department of Labor","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>State agencies like California’s ALRB, which is currently investigating the Mauritson case, also have a hard time enforcing anti-retaliation laws in these situations. Regional director Jessica Arciniega shared that these types of situations are difficult for her agency due to jurisdictional limitations, but in certain cases, this sort of retaliation can fit into an ongoing unfair labor practice investigation.\u003c/p>\n\u003cp>“If there is evidence that the recruiter was an agent of the employer, then it may be part of something that we investigate,” she said.\u003c/p>\n\u003cp>At the federal level, Department of Labor officials are constrained by their jurisdiction. “Our enforcement authority is just in the United States. We can't regulate what these third-party recruiters are doing, let's just say, in Mexico,” said Ruben Lugo, regional enforcement coordinator.\u003c/p>\n\u003cp>However, Lugo explains, if a group of workers reported a breach of contract to the Department of Labor by their employer, and the following year none of the workers who were cooperating with the investigation were rehired, “then we can clearly discern that these workers were retaliated [against].”\u003c/p>\n\u003cp>In this situation, the federal government can order the employer to rehire the affected workers. In cases involving wage theft, officials also can require companies to pay back what they owe workers, along with civil penalties. For repeat offenders, authorities can even remove an employer from the H-2A program.\u003c/p>\n\u003cp>But at the end of the day, these consequences apply only for agriculture companies in the U.S., not recruiters abroad. In 2018, over 90% of H-2A workers were from Mexico and the \u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/06/gao-2015-report-on-h2a-program-668875.pdf\">2018 GOA report\u003c/a> shows that the recruiter network operates extensively throughout that country.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"label":"More Labor Coverage ","tag":"labor-rights"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>Migrant worker advocates argue that the Mexican government, along with the governments of other countries H-2A immigrants travel from, should be more proactive about regulating the activities of these recruiters and educating workers on what their labor rights are before they leave for the U.S.\u003c/p>\n\u003cp>But Mexican officials KQED spoke to pushed back, arguing that isn’t the responsibility of the Mexican government — despite millions of dollars flowing back to Mexico each year as remittances from Mexican nationals working for the U.S. agriculture industry.\u003c/p>\n\u003cp>“H-2A visas are not part of a binational program,” said Remedios Gómez Arnau, consul general of Mexico in San Francisco. The Mexican government has no part in the hiring process and only plays a role through its consular system once Mexican nationals are in American territory, she added.\u003c/p>\n\u003cp>“Once somebody leaves Mexico and enters another country using a visa, then that’s when we can figure out here if the national approaches a consulate and tells us what their issue is,” she said. “But before that, Mexican authorities don’t know who is being hired by who.”\u003c/p>\n\u003cfigure id=\"attachment_11918371\" class=\"wp-caption aligncenter\" style=\"max-width: 2560px\">\u003cimg class=\"wp-image-11918371 size-full\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/06/DSC02464-1-scaled.jpeg\" alt='A group of people protest outside an office building. Many are holding signs, one says in Spanish, \"Pago extra por peligros\" or \"hazard pay\" in English.' width=\"2560\" height=\"1710\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2022/06/DSC02464-1-scaled.jpeg 2560w, https://ww2.kqed.org/app/uploads/sites/10/2022/06/DSC02464-1-800x534.jpeg 800w, https://ww2.kqed.org/app/uploads/sites/10/2022/06/DSC02464-1-1020x681.jpeg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2022/06/DSC02464-1-160x107.jpeg 160w, https://ww2.kqed.org/app/uploads/sites/10/2022/06/DSC02464-1-1536x1026.jpeg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2022/06/DSC02464-1-2048x1368.jpeg 2048w, https://ww2.kqed.org/app/uploads/sites/10/2022/06/DSC02464-1-1920x1282.jpeg 1920w\" sizes=\"(max-width: 2560px) 100vw, 2560px\">\u003cfigcaption class=\"wp-caption-text\">Farmworkers and organizers with the labor rights group North Bay Jobs With Justice picket outside the Department of Emergency Management of Sonoma County on June 9, 2022. A coalition of workers and organizers have pushed Sonoma County officials for months to put into place five safety standards, meant to protect workers as wildfires intensify due to climate change, including hazard pay for farm laborers who work in wildfire evacuation zones. \u003ccite>(Courtesy of Derek Knowles)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003ch2>'The way we protect workers must change'\u003c/h2>\n\u003cp>Samuel and Kevin don’t regret speaking up.\u003c/p>\n\u003cp>“We’re acting within our rights,” Samuel said. “It’s not just one worker who spoke up but many.”\u003c/p>\n\u003cp>For the team at North Bay Jobs With Justice who have been working with this group of workers since last year, this case could set a precedent for the fight to protect farmworkers in wine country and the rest of California against retaliation and unsafe labor practices.\u003c/p>\n\u003cp>If the ALRB finds that Mauritson did retaliate against its workers, that could encourage other workers across the region to report their own experiences to labor officials, said Ana Salgado, community co-chair of the NBJWJ board. That could potentially fuel the movement for greater worker protections ahead of wildfire season.\u003c/p>\n\u003cp>A coalition of worker advocacy groups, including NBJWJ, \u003ca href=\"https://actionnetwork.org/petitions/farmworkers-deserve-safety-and-respect-in-sonoma-county?source=ig\">have pushed Sonoma County officials for months to put into place five safety standards\u003c/a> meant to protect workers as wildfires intensify due to climate change. These include providing safety and fire evacuation training in the workers’ first languages, including Indigenous languages, and allowing independent community observers to assess the safety of workers out in the field, so that workers are not alone when they report unsafe conditions.\u003c/p>\n\u003cp>“The Earth is changing, and the way we protect workers must change as well,” said Salgado in Spanish.\u003c/p>\n\u003cfigure id=\"attachment_11918370\" class=\"wp-caption aligncenter\" style=\"max-width: 2560px\">\u003cimg class=\"wp-image-11918370 size-full\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/06/DSC02491-scaled.jpeg\" alt=\"A group of people play the drums outside of an office building.\" width=\"2560\" height=\"1710\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2022/06/DSC02491-scaled.jpeg 2560w, https://ww2.kqed.org/app/uploads/sites/10/2022/06/DSC02491-800x534.jpeg 800w, https://ww2.kqed.org/app/uploads/sites/10/2022/06/DSC02491-1020x681.jpeg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2022/06/DSC02491-160x107.jpeg 160w, https://ww2.kqed.org/app/uploads/sites/10/2022/06/DSC02491-1536x1026.jpeg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2022/06/DSC02491-2048x1368.jpeg 2048w, https://ww2.kqed.org/app/uploads/sites/10/2022/06/DSC02491-1920x1282.jpeg 1920w\" sizes=\"(max-width: 2560px) 100vw, 2560px\">\u003cfigcaption class=\"wp-caption-text\">Protesters gathered outside the Department of Emergency Management of Sonoma County on June 9, 2022, to demand greater protections for farmworkers before the onset of wildfire season. Organizers point out that climate change will only worsen in the coming years and insist that officials expand labor regulations to better protect workers as global temperatures increase. \u003ccite>(Courtesy of Derek Knowles)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Beyond Sonoma County, migrant rights advocates also are proposing structural reforms to the H-2A program to hold both employers and recruiters accountable for retaliation. Centro de los Derechos del Migrante has recommended that Congress approve legislation that reforms the recruitment process and ensures that workers who have suffered a labor rights violation in the U.S. can still access legal services once they’ve left the country. They’re also encouraging federal agencies, including the Department of Labor, to create a database accessible to workers that keeps track of H-2A employers and their recruiters.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'The Earth is changing, and the way we protect workers must change as well.'","name":"pullquote","attributes":{"named":{"align":"right","size":"medium","citation":"Ana Salgado, community co-chair, North Bay Jobs With Justice","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>Cynthia Rice, attorney with the CRLA, points out a loophole in the existing accountability mechanism for H-2A employers: When a worker sues their company for an illegal labor practice, that company can settle the lawsuit and avoid admitting they violated labor law.\u003c/p>\n\u003cp>“Because there has not been any admission of liability or wrongdoing, that employer can get another H-2A order the next year,” Rice said. If federal officials took into consideration which companies are settling lawsuits year after year when it decides which ones get to stay in the H-2A program, it could prevent employers who don’t protect their workers from staying.\u003c/p>\n\u003cp>Reforming the program isn’t just necessary to better protect H-2A workers, Rice said, but also would benefit American workers. When H-2A workers are more vulnerable to retaliation, that makes them more attractive to hire, since employers know they can exploit them without having to fear the same consequences they’d face in hiring Americans.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'We felt awful with the abuse we received, so we set out to learn what the employer actually needs to do.'","name":"pullquote","attributes":{"named":{"align":"right","size":"medium","citation":"Kevin, former H-2A worker","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>While he waits to hear the ALRB’s decision, Kevin has been sharing everything he’s learned in the past year with friends who are considering working in the U.S. He doesn’t want others to go through the same things he did.\u003c/p>\n\u003cp>“We were happy with the job we had over there because it gave us the economic means to send money back to our families and save for a home or a business,” he said. But he added that doesn’t justify how he was treated: “We felt awful with the abuse we received, so we set out to learn what the employer actually needs to do.”\u003c/p>\n\u003cp>\u003cem>This story has been updated.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11918317/blacklisted-for-speaking-up-how-california-farmworkers-fighting-abuses-are-vulnerable-to-retaliation","authors":["11708"],"categories":["news_1169","news_6188","news_28250","news_8","news_13"],"tags":["news_4092","news_31272","news_20546","news_27626","news_31271","news_20202","news_29865","news_30426","news_31268","news_31269","news_28212","news_31270","news_23478","news_31275","news_4463","news_1275","news_21765","news_6926","news_21991","news_3797","news_29881","news_31276"],"featImg":"news_11918420","label":"news"},"news_11895998":{"type":"posts","id":"news_11895998","meta":{"index":"posts_1591205157","site":"news","id":"11895998","score":null,"sort":[1636671607000]},"guestAuthors":[],"slug":"federal-government-blocks-billions-in-public-transit-relief-funds-for-california-over-pension-dispute","title":"Federal Government Blocks Billions in Public Transit Relief Funds for California Over Pension Dispute","publishDate":1636671607,"format":"standard","headTitle":"KQED News","labelTerm":{"site":"news"},"content":"\u003cp>The federal government says California is ineligible for about $12 billion in public transit funding because of a long-running dispute over changes to the state’s public pension law that the Biden administration recently determined are improper.\u003c/p>\n\u003cp>Federal law says state and local agencies must protect the interests of their employees to be eligible for federal public transit grants. A \u003ca href=\"https://www.calpers.ca.gov/page/about/laws-legislation-regulations/public-employees-pension-reform-act\">state law that took effect in 2013\u003c/a> made changes to California’s public pension system, including making pensions less generous for new employees.\u003c/p>\n\u003cp>[pullquote align=\"right\" size=\"medium\" citation=\"Michael Pimentel, California Transit Association\"]'In the absence of these federal dollars flowing to California transit agencies, we will absolutely see a reduction in service.'[/pullquote]The Sacramento Bee reports the \u003ca href=\"https://www.sacbee.com/news/politics-government/the-state-worker/article255720896.html?ac_cid=DM561699&ac_bid=-1997988967\">U.S. Department of Labor recently determined those changes were improper\u003c/a> because they were imposed by law instead of collectively bargained with public employee unions.\u003c/p>\n\u003cp>The federal government’s latest decision means the state would be ineligible for about $9.5 billion in money set aside for California public transit agencies in the infrastructure bill Congress approved last week. California would also forfeit about $2.5 billion in grants for public transit that were part of the most recent federal coronavirus relief legislation.\u003c/p>\n\u003cp>“This relief funding has served as a lifeline for them, and in the absence of these federal dollars flowing to California transit agencies, we will absolutely see a reduction in service and losses in our workforce, making it more difficult for agencies to rebound,” said Michael Pimentel, executive director of the California Transit Association, a nonprofit representing public transit agencies in the state.\u003c/p>\n\u003cp>[aside postID=\"news_11895470\" hero=\"https://ww2.kqed.org/app/uploads/sites/10/2014/12/bay-bridge-concerns.jpg\"]Across the state, \u003ca href=\"https://www.kqed.org/news//what-bidens-congressional-infrastructure-bill-might-help-fund-in-california\">16% of transit vehicles are past their useful lives\u003c/a> but still in use. In San Francisco, MUNI’s parent agency, SFMTA, has more than $3 billion worth of needs identified for a five-year period through 2023, and more than $30 billion in infrastructure needs over the next 20 years. The Bay Area is host to 27 transit agencies.\u003c/p>\n\u003cp>State and federal officials have been arguing over this funding since the pension law was passed nearly a decade ago. After former President Barack Obama’s administration blocked grant funding for two California transit agencies, the state sued and won. But that decision only applied to the Sacramento Regional Transit District and Monterey-Salinas Transit.\u003c/p>\n\u003cp>In 2019, former Republican President Donald Trump’s administration ruled the state’s pension law did not make it ineligible for public transit grants. But Democratic President Joe Biden’s administration reversed that decision on Oct. 28.\u003c/p>\n\u003cp>[aside label ='Related Coverage' tag='public-transit']California U.S. Sens. Dianne Feinstein and Alex Padilla, both Democrats, have urged the Biden administration to overturn the decision, saying it was “at odds with multiple state and federal court decisions and past Labor Department precedent.”\u003c/p>\n\u003cp>California Gov. Gavin Newsom, a Democrat, called the Labor Department’s decision “extremely concerning.” In a letter to U.S. Labor Secretary Marty Walsh on Wednesday, Newsom argued the pension changes did not impede labor unions’ collective bargaining rights, noting unions have negotiated new contracts since the 2013 state law took effect.\u003c/p>\n\u003cp>A letter from the U.S. Department of Labor says the state pension law “continues to interfere with the collective bargaining process regardless of the specific terms of workers’ collective bargaining agreements now in existence.”\u003cbr>\n[ad fullwidth]\u003c/p>\n\u003cp>\u003c/p>\n","blocks":[],"excerpt":"The Biden administration recently determined that changes to California's public pension law are improper and the state is no longer eligible for about $12 billion in public transit relief funding from the recently approved infrastructure bill.","status":"publish","parent":0,"modified":1636941181,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":12,"wordCount":591},"headData":{"title":"Federal Government Blocks Billions in Public Transit Relief Funds for California Over Pension Dispute | KQED","description":"The Biden administration recently determined that changes to California's public pension law are improper and the state is no longer eligible for about $12 billion in public transit relief funding from the recently approved infrastructure bill.","ogTitle":"Feds Block Billions in Public Transit Relief Funds for California Over Pension Dispute","ogDescription":"","ogImgId":"","twTitle":"Feds Block Billions in Public Transit Relief Funds for California Over Pension Dispute","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Federal Government Blocks Billions in Public Transit Relief Funds for California Over Pension Dispute","datePublished":"2021-11-11T23:00:07.000Z","dateModified":"2021-11-15T01:53:01.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"11895998 https://ww2.kqed.org/news/?p=11895998","disqusUrl":"https://ww2.kqed.org/news/2021/11/11/federal-government-blocks-billions-in-public-transit-relief-funds-for-california-over-pension-dispute/","disqusTitle":"Federal Government Blocks Billions in Public Transit Relief Funds for California Over Pension Dispute","nprByline":"The Associated Press","excludeFromSiteSearch":"Include","path":"/news/11895998/federal-government-blocks-billions-in-public-transit-relief-funds-for-california-over-pension-dispute","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>The federal government says California is ineligible for about $12 billion in public transit funding because of a long-running dispute over changes to the state’s public pension law that the Biden administration recently determined are improper.\u003c/p>\n\u003cp>Federal law says state and local agencies must protect the interests of their employees to be eligible for federal public transit grants. A \u003ca href=\"https://www.calpers.ca.gov/page/about/laws-legislation-regulations/public-employees-pension-reform-act\">state law that took effect in 2013\u003c/a> made changes to California’s public pension system, including making pensions less generous for new employees.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'In the absence of these federal dollars flowing to California transit agencies, we will absolutely see a reduction in service.'","name":"pullquote","attributes":{"named":{"align":"right","size":"medium","citation":"Michael Pimentel, California Transit Association","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>The Sacramento Bee reports the \u003ca href=\"https://www.sacbee.com/news/politics-government/the-state-worker/article255720896.html?ac_cid=DM561699&ac_bid=-1997988967\">U.S. Department of Labor recently determined those changes were improper\u003c/a> because they were imposed by law instead of collectively bargained with public employee unions.\u003c/p>\n\u003cp>The federal government’s latest decision means the state would be ineligible for about $9.5 billion in money set aside for California public transit agencies in the infrastructure bill Congress approved last week. California would also forfeit about $2.5 billion in grants for public transit that were part of the most recent federal coronavirus relief legislation.\u003c/p>\n\u003cp>“This relief funding has served as a lifeline for them, and in the absence of these federal dollars flowing to California transit agencies, we will absolutely see a reduction in service and losses in our workforce, making it more difficult for agencies to rebound,” said Michael Pimentel, executive director of the California Transit Association, a nonprofit representing public transit agencies in the state.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"postid":"news_11895470","hero":"https://ww2.kqed.org/app/uploads/sites/10/2014/12/bay-bridge-concerns.jpg","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>Across the state, \u003ca href=\"https://www.kqed.org/news//what-bidens-congressional-infrastructure-bill-might-help-fund-in-california\">16% of transit vehicles are past their useful lives\u003c/a> but still in use. In San Francisco, MUNI’s parent agency, SFMTA, has more than $3 billion worth of needs identified for a five-year period through 2023, and more than $30 billion in infrastructure needs over the next 20 years. The Bay Area is host to 27 transit agencies.\u003c/p>\n\u003cp>State and federal officials have been arguing over this funding since the pension law was passed nearly a decade ago. After former President Barack Obama’s administration blocked grant funding for two California transit agencies, the state sued and won. But that decision only applied to the Sacramento Regional Transit District and Monterey-Salinas Transit.\u003c/p>\n\u003cp>In 2019, former Republican President Donald Trump’s administration ruled the state’s pension law did not make it ineligible for public transit grants. But Democratic President Joe Biden’s administration reversed that decision on Oct. 28.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"label":"Related Coverage ","tag":"public-transit"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>California U.S. Sens. Dianne Feinstein and Alex Padilla, both Democrats, have urged the Biden administration to overturn the decision, saying it was “at odds with multiple state and federal court decisions and past Labor Department precedent.”\u003c/p>\n\u003cp>California Gov. Gavin Newsom, a Democrat, called the Labor Department’s decision “extremely concerning.” In a letter to U.S. Labor Secretary Marty Walsh on Wednesday, Newsom argued the pension changes did not impede labor unions’ collective bargaining rights, noting unions have negotiated new contracts since the 2013 state law took effect.\u003c/p>\n\u003cp>A letter from the U.S. Department of Labor says the state pension law “continues to interfere with the collective bargaining process regardless of the specific terms of workers’ collective bargaining agreements now in existence.”\u003cbr>\n\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11895998/federal-government-blocks-billions-in-public-transit-relief-funds-for-california-over-pension-dispute","authors":["byline_news_11895998"],"categories":["news_8"],"tags":["news_30228","news_20546","news_16","news_320","news_908","news_30229","news_1764","news_1533","news_1334"],"featImg":"news_11895999","label":"news"},"news_11889336":{"type":"posts","id":"news_11889336","meta":{"index":"posts_1591205157","site":"news","id":"11889336","score":null,"sort":[1632271498000]},"guestAuthors":[],"slug":"biden-administration-looks-to-add-heat-protections-at-the-federal-level","title":"Biden Administration Looks to Add Heat Protections at the Federal Level","publishDate":1632271498,"format":"standard","headTitle":"NPR | KQED News","labelTerm":{},"content":"\u003cp>The Biden administration is pushing for new worker protections after record-setting temperatures across the country left dozens of workers injured and dead this summer.\u003c/p>\n\u003cp>The \u003ca href=\"https://www.dol.gov/newsroom/releases/osha/osha20210920\">Department of Labor's Occupational Safety and Health Administration announced Monday\u003c/a> that \u003ca href=\"https://www.osha.gov/laws-regs/standardinterpretations/2021-09-01#Attachment4\">it will prioritize inspections on hot days\u003c/a>, target high-risk industries nationally, and, as reported earlier this summer, begin developing a federal rule to protect workers from heat-related illnesses, a move long sought by worker advocates.\u003c/p>\n\u003cp>President \u003ca href=\"https://www.whitehouse.gov/briefing-room/statements-releases/2021/09/20/statement-by-president-joe-biden-on-mobilizing-the-administration-to-address-extreme-heat/\">Biden released a joint statement with OSHA\u003c/a>, calling the initiative an \"all-of-government effort to protect workers, children, seniors, and at-risk communities from extreme heat.\"\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>An investigation last month by NPR and Columbia Journalism Investigations found \u003ca href=\"https://www.npr.org/2021/08/17/1026154042/hundreds-of-workers-have-died-from-heat-in-the-last-decade-and-its-getting-worse\">a dramatic rise in preventable worker deaths from high temperatures\u003c/a>, and that 384 workers died from environmental heat exposure in the U.S. during the last decade.\u003c/p>\n\u003cp>[aside postID=\"news_11886402\" hero=\"https://ww2.kqed.org/app/uploads/sites/10/2021/08/DSCF1773-1020x680.jpg\"]The fatalities included workers performing essential services across the country: \u003ca href=\"https://www.kqed.org/news/11886402/why-california-workers-are-still-dying-from-heat-despite-protections\">farm laborers in California\u003c/a> and Nebraska, \u003ca href=\"https://www.houstonpublicmedia.org/articles/news/in-depth/2021/09/07/407895/texas-workers-are-dying-in-the-summer-heat-and-companies-arent-being-held-accountable/\">construction workers and trash collectors in Texas\u003c/a>, and tree trimmers in North Carolina and Virginia. An analysis of data from the Bureau of Labor Statistics by NPR and CJI showed the three-year average of worker heat deaths had doubled since the early 1990s.\u003c/p>\n\u003cp>Workers of color have borne the brunt: Since 2010, for example, Latino people have accounted for a third of all heat fatalities, yet they represent a fraction — 17% — of the U.S. workforce, NPR and CJI found. Health and safety experts attribute this unequal toll to Latinos' overrepresentation in industries vulnerable to dangerous heat, such as construction and agriculture.\u003c/p>\n\u003cp>OSHA said in the news release that despite \"widespread underreporting, 43 workers died from heat illness in 2019, and at least 2,410 others suffered serious injuries and illnesses.\"\u003c/p>\n\u003cp>Congressional \u003ca href=\"https://www.congress.gov/bill/117th-congress/house-bill/2193?s=1&r=4\">Democrats who had previously introduced legislation to create a heat standard\u003c/a> applauded Monday's announcement.\u003c/p>\n\u003cp>[aside postID=\"news_11886628\" hero=\"https://ww2.kqed.org/app/uploads/sites/10/2021/08/RS50596_019_SanFrancisco_HeatWaveImpacts_08062021-qut-1020x680.jpg\"]\"Without urgent action, the human and financial costs of excessive heat will continue to climb,\" said Rep. Robert Scott (D-Va.), who chairs the House Committee on Education and Labor.\u003c/p>\n\u003cp>David Michaels, who led OSHA during the Obama administration, called the new measures \"a major step forward.\" Michaels said presidents rarely weigh in on OSHA standards, suggesting that the White House is committed to fast-tracking a heat standard.\u003c/p>\n\u003cp>\"It is unusual for this to happen, especially so early in the rulemaking process,\" he said.\u003cbr>\n[ad fullwidth]\u003c/p>\n\u003cp>\u003c/p>\n","blocks":[],"excerpt":"The Department of Labor will prioritize inspections on hot days, target high-risk industries and begin developing a federal rule to protect workers during heat waves.","status":"publish","parent":0,"modified":1632334687,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":13,"wordCount":431},"headData":{"title":"Biden Administration Looks to Add Heat Protections at the Federal Level | KQED","description":"The Department of Labor will prioritize inspections on hot days, target high-risk industries and begin developing a federal rule to protect workers during heat waves.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Biden Administration Looks to Add Heat Protections at the Federal Level","datePublished":"2021-09-22T00:44:58.000Z","dateModified":"2021-09-22T18:18:07.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"11889336 https://ww2.kqed.org/news/?p=11889336","disqusUrl":"https://ww2.kqed.org/news/2021/09/21/biden-administration-looks-to-add-heat-protections-at-the-federal-level/","disqusTitle":"Biden Administration Looks to Add Heat Protections at the Federal Level","source":"NPR","sourceUrl":"https://www.npr.org/","nprByline":"Julia Shipley, Brian Edwards, David Nickerson","path":"/news/11889336/biden-administration-looks-to-add-heat-protections-at-the-federal-level","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>The Biden administration is pushing for new worker protections after record-setting temperatures across the country left dozens of workers injured and dead this summer.\u003c/p>\n\u003cp>The \u003ca href=\"https://www.dol.gov/newsroom/releases/osha/osha20210920\">Department of Labor's Occupational Safety and Health Administration announced Monday\u003c/a> that \u003ca href=\"https://www.osha.gov/laws-regs/standardinterpretations/2021-09-01#Attachment4\">it will prioritize inspections on hot days\u003c/a>, target high-risk industries nationally, and, as reported earlier this summer, begin developing a federal rule to protect workers from heat-related illnesses, a move long sought by worker advocates.\u003c/p>\n\u003cp>President \u003ca href=\"https://www.whitehouse.gov/briefing-room/statements-releases/2021/09/20/statement-by-president-joe-biden-on-mobilizing-the-administration-to-address-extreme-heat/\">Biden released a joint statement with OSHA\u003c/a>, calling the initiative an \"all-of-government effort to protect workers, children, seniors, and at-risk communities from extreme heat.\"\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>An investigation last month by NPR and Columbia Journalism Investigations found \u003ca href=\"https://www.npr.org/2021/08/17/1026154042/hundreds-of-workers-have-died-from-heat-in-the-last-decade-and-its-getting-worse\">a dramatic rise in preventable worker deaths from high temperatures\u003c/a>, and that 384 workers died from environmental heat exposure in the U.S. during the last decade.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"postid":"news_11886402","hero":"https://ww2.kqed.org/app/uploads/sites/10/2021/08/DSCF1773-1020x680.jpg","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>The fatalities included workers performing essential services across the country: \u003ca href=\"https://www.kqed.org/news/11886402/why-california-workers-are-still-dying-from-heat-despite-protections\">farm laborers in California\u003c/a> and Nebraska, \u003ca href=\"https://www.houstonpublicmedia.org/articles/news/in-depth/2021/09/07/407895/texas-workers-are-dying-in-the-summer-heat-and-companies-arent-being-held-accountable/\">construction workers and trash collectors in Texas\u003c/a>, and tree trimmers in North Carolina and Virginia. An analysis of data from the Bureau of Labor Statistics by NPR and CJI showed the three-year average of worker heat deaths had doubled since the early 1990s.\u003c/p>\n\u003cp>Workers of color have borne the brunt: Since 2010, for example, Latino people have accounted for a third of all heat fatalities, yet they represent a fraction — 17% — of the U.S. workforce, NPR and CJI found. Health and safety experts attribute this unequal toll to Latinos' overrepresentation in industries vulnerable to dangerous heat, such as construction and agriculture.\u003c/p>\n\u003cp>OSHA said in the news release that despite \"widespread underreporting, 43 workers died from heat illness in 2019, and at least 2,410 others suffered serious injuries and illnesses.\"\u003c/p>\n\u003cp>Congressional \u003ca href=\"https://www.congress.gov/bill/117th-congress/house-bill/2193?s=1&r=4\">Democrats who had previously introduced legislation to create a heat standard\u003c/a> applauded Monday's announcement.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"postid":"news_11886628","hero":"https://ww2.kqed.org/app/uploads/sites/10/2021/08/RS50596_019_SanFrancisco_HeatWaveImpacts_08062021-qut-1020x680.jpg","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\"Without urgent action, the human and financial costs of excessive heat will continue to climb,\" said Rep. Robert Scott (D-Va.), who chairs the House Committee on Education and Labor.\u003c/p>\n\u003cp>David Michaels, who led OSHA during the Obama administration, called the new measures \"a major step forward.\" Michaels said presidents rarely weigh in on OSHA standards, suggesting that the White House is committed to fast-tracking a heat standard.\u003c/p>\n\u003cp>\"It is unusual for this to happen, especially so early in the rulemaking process,\" he said.\u003cbr>\n\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11889336/biden-administration-looks-to-add-heat-protections-at-the-federal-level","authors":["byline_news_11889336"],"categories":["news_8"],"tags":["news_29052","news_6145","news_28912","news_20546","news_2929","news_18578","news_29882","news_717","news_3818"],"affiliates":["news_253"],"featImg":"news_11889338","label":"source_news_11889336"},"news_11830559":{"type":"posts","id":"news_11830559","meta":{"index":"posts_1591205157","site":"news","id":"11830559","score":null,"sort":[1595682030000]},"guestAuthors":[],"slug":"california-unemployment-climbs-nearly-half-of-americans-believe-jobs-losses-are-permanent","title":"Poll: Nearly Half of Americans Believe Job Losses Are Permanent","publishDate":1595682030,"format":"standard","headTitle":"KQED News","labelTerm":{"site":"news"},"content":"\u003cp>With California’s unemployment rate still at a \u003ca href=\"https://www.edd.ca.gov/Newsroom/unemployment-july-2020.htm\">near-record high\u003c/a>, a new national poll suggests that almost half of Americans whose families experienced a layoff during the coronavirus pandemic now believe those jobs are lost forever — a sign of increasing pessimism that would translate into roughly 10 million workers needing to find a new employer, if not a new occupation.\u003c/p>\n\u003cp>It’s a sharp change after initial optimism the jobs would return, as temporary cutbacks give way to shuttered businesses, bankruptcies and lasting payroll cuts. \u003ca href=\"https://apnews.com/5dde2e926ed1aedc938bbd60e9bed665\">In April\u003c/a>, 78% of those in households with a job loss thought they’d be temporary. Now, 47% think that lost job is definitely or probably not coming back, according to the latest poll from \u003ca href=\"https://apnorc.org/\">The Associated Press-NORC Center for Public Affairs Research\u003c/a>.\u003c/p>\n\u003cp>The U.S. Labor Department’s \u003ca href=\"https://www.dol.gov/sites/dolgov/files/OPA/newsreleases/ui-claims/20201453.pdf\">latest report\u003c/a> shows that 292,673 initial claims for unemployment were filed last week in California, an increase of nearly 8,000 from the week prior. There was also a 30 percent bump in\u003cspan style=\"font-weight: 400\"> initial claims \u003c/span>for Pandemic Unemployment Assistance, a new federal program for those excluded from traditional unemployment, such as freelancers and gig workers.\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">The California Employment Development Department has now processed \u003ca href=\"https://www.edd.ca.gov/About_EDD/pdf/news-20-35.pdf\">a total of 8.7 million claims\u003c/a> in the last four and half months, which is more than the height of the 2010 Great Recession (8.1 million). \u003c/span>\u003c/p>\n\u003cp>The AP-NORC poll is the latest sign \u003ca href=\"https://apnews.com/cddec060d38eacbb708a47120d34af51\">the solid hiring of May and June\u003c/a>, as some states lifted stay-at-home orders and the economy began to recover, may wane as the year goes on. Adding to the challenge: Many students will begin the school year \u003ca href=\"https://apnews.com/f01ac51ac86f916738f35e05da7e371d\">online\u003c/a>, making it harder for parents to take jobs outside their homes.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>“Honestly, at this point, there’s not going to be a job to go back to,” said Tonica Daley, 35, who lives in Riverside, California, and has four children ranging from 3 to 18 years old. “The kids are going to do virtual school, and there is no day care.”\u003c/p>\n\u003cp>Daley was furloughed from her job as a manager at J.C. Penney, which has \u003ca href=\"https://apnews.com/c1c81cf36150f0586993e8bd15410b10\">filed for bankruptcy protection\u003c/a>. The extra \u003ca href=\"https://apnews.com/10e879ce6a528445ca150455f8456c04\">$600 a week in jobless benefits\u003c/a> Congress provided as part of the federal government’s coronavirus relief efforts let her family pay down its credit cards, she said, but the potential expiration or reduction of those benefits in August would force her to borrow money to get by.\u003c/p>\n\u003cp>The economy’s recovery has shown \u003ca href=\"https://apnews.com/fa0d355b07bcaca0bd983526a2c64103\">signs of stalling amid a resurgence of the coronavirus\u003c/a>. The number of laid-off workers seeking jobless benefits rose last week for the first time since March, while \u003ca href=\"https://coronavirus.jhu.edu/map.html\">the number of U.S. infections shot past 4 million\u003c/a> — with many more cases undetected.\u003c/p>\n\u003cp>The poll shows that 72% of Americans would rather have restrictions in place in their communities to stop the spread of COVID-19 than remove them in an effort to help the economy. Just 27% want to prioritize the economy over efforts to stop the outbreak.\u003c/p>\n\u003cp>About 9 in 10 Democrats prioritize stopping the virus, while Republicans are more evenly divided — 46% focus on stopping the spread, while 53% say the economy is the bigger priority.\u003c/p>\n\u003cp>\u003ca href=\"https://apnews.com/b3ef7ed649eca2c3ee6438408243df8a\">President Donald Trump and Congress have yet to agree\u003c/a> to a new aid package. Democrats, who control the House, have championed \u003ca href=\"https://apnews.com/3c1ea3456f7d906dabf3ed336f6c1ad0\">an additional $3 trillion\u003c/a> in help, including money for state and local governments. Republicans, who control the Senate, have proposed $1 trillion, decreasing the size of the expanded unemployment benefits.\u003c/p>\n\u003cp>Overall, about half of Americans say they or someone in their household has lost some kind of income over the course of the pandemic. That includes 27% who say someone has been laid off, 33% been scheduled for fewer hours, 24% taken unpaid time off and 29% had wages or salaries reduced.\u003c/p>\n\u003cp>Eighteen percent of those who lost a household job now say it has come back, while another 34% still expect it to return.\u003c/p>\n\u003cp>The poll continues to show the pandemic’s disparate impact. About 6 in 10 nonwhite Americans say they’ve lost a source of household income, compared with about half of white Americans. Forty-six percent of those with college degrees say they’ve lost some form of household income, compared with 56% of those without.\u003c/p>\n\u003cp>Trump’s approval rating on handling the economy stands at 48%, consistent with where it stood a month ago but down from January and March, when 56% said they approved. Still, the economy remains Trump’s strongest issue. Working to Trump’s advantage, 88% of Republicans — including 85% of those whose households have lost income during the pandemic — approve of his handling of the economy. Eighty-two percent of Democrats disapprove.\u003c/p>\n\u003cp>The poll finds that 38% of Americans think the national economy is good. That’s about the same as in June and up from 29% in May but far below the 67% who felt that way in January.\u003c/p>\n\u003cp>Sixty-four percent of Republicans think the economy is good, compared with 19% of Democrats. Likewise, 59% of Republicans expect the economy to improve in the next year, while Democrats are more likely to expect it to worsen than improve, 47% to 29%.\u003c/p>\n\u003cp>Sixty-five percent of Americans also call their personal financial situation good. That’s about the same as it’s been throughout the pandemic and before the crisis began. Still, Americans are slightly less likely than they were a month ago to expect their personal financial situation to improve in the next year. Thirty-three percent say that now, after 38% said so a month ago. Another 16% expect their finances to worsen, while 51% expect no changes.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003ci>\u003cspan style=\"font-weight: 400\">Cecilia Lei of KQED News contributed to this report.\u003c/span>\u003c/i>\u003c/p>\n\n","blocks":[],"excerpt":"With California’s unemployment rate still at near-record highs, a new national poll suggests that almost half of Americans whose families experienced a layoff during the coronavirus pandemic now believe those jobs are lost forever.","status":"publish","parent":0,"modified":1595696138,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":21,"wordCount":979},"headData":{"title":"Poll: Nearly Half of Americans Believe Job Losses Are Permanent | KQED","description":"With California’s unemployment rate still at near-record highs, a new national poll suggests that almost half of Americans whose families experienced a layoff during the coronavirus pandemic now believe those jobs are lost forever.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Poll: Nearly Half of Americans Believe Job Losses Are Permanent","datePublished":"2020-07-25T13:00:30.000Z","dateModified":"2020-07-25T16:55:38.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"11830559 https://ww2.kqed.org/news/?p=11830559","disqusUrl":"https://ww2.kqed.org/news/2020/07/25/california-unemployment-climbs-nearly-half-of-americans-believe-jobs-losses-are-permanent/","disqusTitle":"Poll: Nearly Half of Americans Believe Job Losses Are Permanent","nprByline":"Josh Boak And Emily Swanson \u003cbr> Associated Press ","path":"/news/11830559/california-unemployment-climbs-nearly-half-of-americans-believe-jobs-losses-are-permanent","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>With California’s unemployment rate still at a \u003ca href=\"https://www.edd.ca.gov/Newsroom/unemployment-july-2020.htm\">near-record high\u003c/a>, a new national poll suggests that almost half of Americans whose families experienced a layoff during the coronavirus pandemic now believe those jobs are lost forever — a sign of increasing pessimism that would translate into roughly 10 million workers needing to find a new employer, if not a new occupation.\u003c/p>\n\u003cp>It’s a sharp change after initial optimism the jobs would return, as temporary cutbacks give way to shuttered businesses, bankruptcies and lasting payroll cuts. \u003ca href=\"https://apnews.com/5dde2e926ed1aedc938bbd60e9bed665\">In April\u003c/a>, 78% of those in households with a job loss thought they’d be temporary. Now, 47% think that lost job is definitely or probably not coming back, according to the latest poll from \u003ca href=\"https://apnorc.org/\">The Associated Press-NORC Center for Public Affairs Research\u003c/a>.\u003c/p>\n\u003cp>The U.S. Labor Department’s \u003ca href=\"https://www.dol.gov/sites/dolgov/files/OPA/newsreleases/ui-claims/20201453.pdf\">latest report\u003c/a> shows that 292,673 initial claims for unemployment were filed last week in California, an increase of nearly 8,000 from the week prior. There was also a 30 percent bump in\u003cspan style=\"font-weight: 400\"> initial claims \u003c/span>for Pandemic Unemployment Assistance, a new federal program for those excluded from traditional unemployment, such as freelancers and gig workers.\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">The California Employment Development Department has now processed \u003ca href=\"https://www.edd.ca.gov/About_EDD/pdf/news-20-35.pdf\">a total of 8.7 million claims\u003c/a> in the last four and half months, which is more than the height of the 2010 Great Recession (8.1 million). \u003c/span>\u003c/p>\n\u003cp>The AP-NORC poll is the latest sign \u003ca href=\"https://apnews.com/cddec060d38eacbb708a47120d34af51\">the solid hiring of May and June\u003c/a>, as some states lifted stay-at-home orders and the economy began to recover, may wane as the year goes on. Adding to the challenge: Many students will begin the school year \u003ca href=\"https://apnews.com/f01ac51ac86f916738f35e05da7e371d\">online\u003c/a>, making it harder for parents to take jobs outside their homes.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>“Honestly, at this point, there’s not going to be a job to go back to,” said Tonica Daley, 35, who lives in Riverside, California, and has four children ranging from 3 to 18 years old. “The kids are going to do virtual school, and there is no day care.”\u003c/p>\n\u003cp>Daley was furloughed from her job as a manager at J.C. Penney, which has \u003ca href=\"https://apnews.com/c1c81cf36150f0586993e8bd15410b10\">filed for bankruptcy protection\u003c/a>. The extra \u003ca href=\"https://apnews.com/10e879ce6a528445ca150455f8456c04\">$600 a week in jobless benefits\u003c/a> Congress provided as part of the federal government’s coronavirus relief efforts let her family pay down its credit cards, she said, but the potential expiration or reduction of those benefits in August would force her to borrow money to get by.\u003c/p>\n\u003cp>The economy’s recovery has shown \u003ca href=\"https://apnews.com/fa0d355b07bcaca0bd983526a2c64103\">signs of stalling amid a resurgence of the coronavirus\u003c/a>. The number of laid-off workers seeking jobless benefits rose last week for the first time since March, while \u003ca href=\"https://coronavirus.jhu.edu/map.html\">the number of U.S. infections shot past 4 million\u003c/a> — with many more cases undetected.\u003c/p>\n\u003cp>The poll shows that 72% of Americans would rather have restrictions in place in their communities to stop the spread of COVID-19 than remove them in an effort to help the economy. Just 27% want to prioritize the economy over efforts to stop the outbreak.\u003c/p>\n\u003cp>About 9 in 10 Democrats prioritize stopping the virus, while Republicans are more evenly divided — 46% focus on stopping the spread, while 53% say the economy is the bigger priority.\u003c/p>\n\u003cp>\u003ca href=\"https://apnews.com/b3ef7ed649eca2c3ee6438408243df8a\">President Donald Trump and Congress have yet to agree\u003c/a> to a new aid package. Democrats, who control the House, have championed \u003ca href=\"https://apnews.com/3c1ea3456f7d906dabf3ed336f6c1ad0\">an additional $3 trillion\u003c/a> in help, including money for state and local governments. Republicans, who control the Senate, have proposed $1 trillion, decreasing the size of the expanded unemployment benefits.\u003c/p>\n\u003cp>Overall, about half of Americans say they or someone in their household has lost some kind of income over the course of the pandemic. That includes 27% who say someone has been laid off, 33% been scheduled for fewer hours, 24% taken unpaid time off and 29% had wages or salaries reduced.\u003c/p>\n\u003cp>Eighteen percent of those who lost a household job now say it has come back, while another 34% still expect it to return.\u003c/p>\n\u003cp>The poll continues to show the pandemic’s disparate impact. About 6 in 10 nonwhite Americans say they’ve lost a source of household income, compared with about half of white Americans. Forty-six percent of those with college degrees say they’ve lost some form of household income, compared with 56% of those without.\u003c/p>\n\u003cp>Trump’s approval rating on handling the economy stands at 48%, consistent with where it stood a month ago but down from January and March, when 56% said they approved. Still, the economy remains Trump’s strongest issue. Working to Trump’s advantage, 88% of Republicans — including 85% of those whose households have lost income during the pandemic — approve of his handling of the economy. Eighty-two percent of Democrats disapprove.\u003c/p>\n\u003cp>The poll finds that 38% of Americans think the national economy is good. That’s about the same as in June and up from 29% in May but far below the 67% who felt that way in January.\u003c/p>\n\u003cp>Sixty-four percent of Republicans think the economy is good, compared with 19% of Democrats. Likewise, 59% of Republicans expect the economy to improve in the next year, while Democrats are more likely to expect it to worsen than improve, 47% to 29%.\u003c/p>\n\u003cp>Sixty-five percent of Americans also call their personal financial situation good. That’s about the same as it’s been throughout the pandemic and before the crisis began. Still, Americans are slightly less likely than they were a month ago to expect their personal financial situation to improve in the next year. Thirty-three percent say that now, after 38% said so a month ago. Another 16% expect their finances to worsen, while 51% expect no changes.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003ci>\u003cspan style=\"font-weight: 400\">Cecilia Lei of KQED News contributed to this report.\u003c/span>\u003c/i>\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11830559/california-unemployment-climbs-nearly-half-of-americans-believe-jobs-losses-are-permanent","authors":["byline_news_11830559"],"categories":["news_8"],"tags":["news_18538","news_27350","news_20546","news_3530","news_631"],"featImg":"news_11830560","label":"news"},"news_11780059":{"type":"posts","id":"news_11780059","meta":{"index":"posts_1591205157","site":"news","id":"11780059","score":null,"sort":[1571232685000]},"guestAuthors":[],"slug":"were-being-robbed-california-employers-who-cheat-workers-often-not-held-accountable-by-state","title":"'We’re Being Robbed': Wage Theft in California Often Goes Unpunished by State","publishDate":1571232685,"format":"audio","headTitle":"The California Report | KQED News","labelTerm":{},"content":"\u003cp>In February, when California labor officials announced the biggest wage theft case against a private company in state history, they included a warning for all bosses:\u003c/p>\n\u003cp>“Stealing earned wages from workers’ pockets is illegal in California and this case shows that employers who steal from their workers will end up paying for it in the end,” Julie Su, head of the state’s Labor and Workforce Development Agency, said in a press release announcing \u003ca href=\"https://www.dir.ca.gov/DIRNews/2019/2019-16.pdf\" target=\"_blank\" rel=\"noopener\">nearly $12 million in citations\u003c/a> against RDV Construction, Inc.\u003c/p>\n\u003cp>RDV has appealed the penalties.\u003c/p>\n\u003cp>But her message didn’t include a timeline for when RDV will pay; nor do any of the other announcements from the Labor Commissioner's Office about wage theft citations. There’s good reason for this: In many cases, it takes years before workers receive even a portion of the money they’re owed. Sometimes they receive nothing at all.\u003c/p>\n\u003cp>[pullquote size='medium' align='right' citation=\"Jose Herrera\"]'Once you get to a point where nothing is going your way and you have no money to pay [bills], that’s when it gets to you and you feel like, what am I going to do now?'[/pullquote]\u003c/p>\n\u003cp>Last week, Gov. Gavin Newsom signed a series of worker protection bills, including \u003ca href=\"http://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201920200AB51\" target=\"_blank\" rel=\"noopener\">Assembly Bill 51\u003c/a>, which bans forced arbitration, a business practice commonly used by employers to prevent workers from suing them for sexual harassment, discrimination or wage theft. Another new law extends the amount of time employees have to file civil rights complaints against their employers.\u003c/p>\n\u003cp>“We’re being robbed,” said Georgina Hernandez, a janitorial worker whose former employer was cited for multiple wage violations in 2014 and ordered to pay workers over $1.7 million. Five years later, Hernandez and dozens of other employees haven’t received a dime, according to labor organizers.\u003c/p>\n\u003cp>Wage theft — a term that covers various types of pay violations — occurs with alarming frequency in California. Many employers, large and small, shortchange their workers by not paying them the minimum wage or required overtime, making improper deductions or refusing to pay them altogether. According to the U.S. Department of Labor, minimum wage violations in California alone occur approximately \u003ca href=\"https://www.dir.ca.gov/dlse/BOFE_LegReport2018.pdf\" target=\"_blank\" rel=\"noopener\">372,000 times each week\u003c/a>.\u003c/p>\n\u003cp>Low-income workers (those paid less than $14.35 per hour in 2017), who make up \u003ca href=\"http://laborcenter.berkeley.edu/low-wage-work-in-california/#the-numbers\" target=\"_blank\" rel=\"noopener\">about a third\u003c/a> of California’s workforce, are especially vulnerable, and can suffer severe hardship when shorted on their pay. Every year, tens of millions of dollars are siphoned from workers like Hernandez, who clean restaurants, pick fruit, wait tables, repair cars, stock warehouses, sew clothes and care for the sick and elderly.\u003c/p>\n\u003cp>Risking retaliation, many workers seek help from the government. In California, the U.S. Department of Labor’s Wage and Hour Division enforces federal pay rules. But to add muscle to its efforts, the state Labor Commissioner's Office runs a parallel enforcement program. It allows workers to pursue unpaid wages through hearings, where administrative officers award or reject their claims.\u003c/p>\n\u003cp>In the majority of cases — roughly 80% — employers pay at least a portion of the claim before any judgment can be issued, said Matthew Sirolly, an attorney with the Labor Commissioner’s Office.\u003c/p>\n\u003cp>But when workers don’t reach a settlement, they rarely get their money. A landmark study of California wage claims between 2008 and 2011 found that \u003ca href=\"https://www.labor.ucla.edu/wp-content/uploads/2018/06/HollowVictories.pdf\" target=\"_blank\" rel=\"noopener\">just 17% of workers\u003c/a> who won a Labor Commission judgment received even some of their pay. To avoid paying up, many of these employers shuttered their companies or hid assets, leaving workers nothing.\u003c/p>\n\u003cp>“Some person of authority — a judge or an administrative hearing officer — says this particular employer has broken the law and owes you money for your wages. But all it means is you get a piece of paper that they don’t have to pay,” said Matthew DeCarolis, an attorney at Bet Tzedek, a nonprofit legal aid firm in Los Angeles.\u003c/p>\n\u003cp>The press releases suggesting victories for underpaid workers do not hint at the years-long struggles that may lie ahead. For this story, FairWarning conducted more than 20 interviews and reviewed hundreds of pages of documents obtained under the California Public Records Act and from court files, to determine the actual outcome of these cases. In some instances, workers ultimately got nothing or, years later, are still waiting.\u003c/p>\n\u003cfigure id=\"attachment_11780074\" class=\"wp-caption alignleft\" style=\"max-width: 354px\">\u003ca href=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/10/Herrera2-e1570561110272.jpg\">\u003cimg class=\" wp-image-11780074\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/10/Herrera2-e1570561110272.jpg\" alt=\"\" width=\"354\" height=\"266\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2019/10/Herrera2-e1570561110272.jpg 550w, https://ww2.kqed.org/app/uploads/sites/10/2019/10/Herrera2-e1570561110272-160x120.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2019/10/Herrera2-e1570561110272-536x402.jpg 536w\" sizes=\"(max-width: 354px) 100vw, 354px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Jose Herrera is owed over $200,000 by his former employer, the transportation firm XPO Logistics. Herrera, who is unemployed and fighting cancer, said he’s barely getting by on his social security income. \u003ccite>(Eli Wolfe/FairWarning)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Take the seemingly endless saga of American Airporter Shuttle Inc. In April 2012, a van driver named Bin Wu filed an administrative claim with the Labor Commissioner that accused the San Francisco-based shuttle business of \u003ca href=\"https://qhi7a3oj76cn9awl3qcqrh3o-wpengine.netdna-ssl.com/wp-content/uploads/2019/08/DLSE-v.-American-Airporter-Shuttle-Notice-of-Findings-and-Order-5.6.16.pdf\" target=\"_blank\" rel=\"noopener\">numerous violations\u003c/a>.\u003c/p>\n\u003cp>Wu testified that he usually worked 13-hour days, and that the company asked him to work through meal breaks. He also wasn’t allowed to refuse assignments, but the shuttle firm classified him as an independent contractor, which would exempt them from wage regulations.\u003c/p>\n\u003cp>According to his testimony, Wu didn’t understand his contractor agreement because he received a copy in English, even though he speaks only Mandarin Chinese. Five other drivers subsequently filed similar claims.\u003c/p>\n\u003cp>In 2013, following an investigation, the Labor Commissioner issued citations to American Airporter and its owner, Phillip Achilles, saying the they illegally misclassified its drivers as contractors. The company appealed, a new hearing was held, and in May 2016 an administrative officer \u003ca href=\"https://www.dir.ca.gov/DIRNews/2016/2016-53.pdf\" target=\"_blank\" rel=\"noopener\">affirmed the citations\u003c/a>.\u003c/p>\n\u003cp>What happened next highlights the lengths some employers will go to fight citations, and the difficulty of recovering stolen wages through the legal system.\u003c/p>\n\u003cp>On June 16, 2016, after the state Labor Commissioner affirmed American Airporter’s citations, the company \u003ca href=\"https://qhi7a3oj76cn9awl3qcqrh3o-wpengine.netdna-ssl.com/wp-content/uploads/2019/08/Achilles-Writ-of-Mandate.pdf\" target=\"_blank\" rel=\"noopener\">contested the findings\u003c/a> in San Francisco Superior Court. But for the next two years, Achilles did nothing to advance his plea. In court briefs, the Labor Commissioner asserted that he had instead worked secretly to hide his assets. FairWarning was unable to reach Achilles. An attorney who represents the drivers declined to speak on record.\u003c/p>\n\u003cp>In October 2017, the Labor Commissioner discovered that Achilles was \u003ca href=\"https://qhi7a3oj76cn9awl3qcqrh3o-wpengine.netdna-ssl.com/wp-content/uploads/2019/08/Achilles-Demand-Letter-Fraudulent-Transfer.pdf\" target=\"_blank\" rel=\"noopener\">trying to sell\u003c/a> a building he owned in downtown San Francisco. The state moved to put a lien on his commercial property, allegedly worth over $5 million, but Achilles transferred the building to a shell company, rendering himself insolvent, according to court records. The Labor Commissioner \u003ca href=\"https://qhi7a3oj76cn9awl3qcqrh3o-wpengine.netdna-ssl.com/wp-content/uploads/2019/08/Phillip-Achilles-Complaint-CONFORMED.pdf\" target=\"_blank\" rel=\"noopener\">sued Achilles\u003c/a> to undo the allegedly fraudulent transfer.\u003c/p>\n\u003cp>In January 2019, nearly seven years after Bin Wu filed his wage claim, the Labor Commissioner and Achilles finally \u003ca href=\"https://qhi7a3oj76cn9awl3qcqrh3o-wpengine.netdna-ssl.com/wp-content/uploads/2019/08/Achilles-mediation-discussion.pdf\" target=\"_blank\" rel=\"noopener\">agreed to sit down\u003c/a> for mediation and, according to court records, \u003ca href=\"https://qhi7a3oj76cn9awl3qcqrh3o-wpengine.netdna-ssl.com/wp-content/uploads/2019/08/Achilles-case-management-statement.pdf\" target=\"_blank\" rel=\"noopener\">hammered out a settlement\u003c/a> in February.\u003c/p>\n\u003cfigure id=\"attachment_11780075\" class=\"wp-caption alignright\" style=\"max-width: 300px\">\u003ca href=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/10/Hilaria-e1570561014802.jpg\">\u003cimg class=\"size-full wp-image-11780075\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/10/Hilaria-e1570561014802.jpg\" alt=\"\" width=\"300\" height=\"533\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2019/10/Hilaria-e1570561014802.jpg 300w, https://ww2.kqed.org/app/uploads/sites/10/2019/10/Hilaria-e1570561014802-160x284.jpg 160w\" sizes=\"(max-width: 300px) 100vw, 300px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Hilaria Corral’s former employer, Spirit Airport Services, was cited for wage violations in 2014. The company left California without paying her back wages. \u003ccite>(Photo courtesy of Corral)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>But it was short-lived: In May, the Labor Commissioner accused Achilles of breaching their agreement. A \u003ca href=\"https://qhi7a3oj76cn9awl3qcqrh3o-wpengine.netdna-ssl.com/wp-content/uploads/2019/08/Achilles-Trial-Date.pdf\" target=\"_blank\" rel=\"noopener\">trial date\u003c/a> has been set for Dec. 16, but Matthew Sirolly, the Labor Commissioner attorney, said it’s unlikely the case will reach this stage because the agency has asked the court to enforce a sheriff’s sale of Achilles’ real estate.\u003c/p>\n\u003cp>But, he noted, the legal system can move at a “glacial” pace, which means an immediate sale of the property is unlikely. Sirolly said the hope is for a sale by early 2020.\u003c/p>\n\u003cp>Even in less extreme cases, hurdles for underpaid workers remain high. They need to identify their employer’s bank account or real property, which can be difficult if the information on their pay stubs is missing or incorrect. Some bosses close their companies and reopen under different names. In 50% of cases where the Labor Commissioner found that an employer owed wages, the employer \u003ca href=\"https://www.labor.ucla.edu/wp-content/uploads/2018/06/HollowVictories.pdf\" target=\"_blank\" rel=\"noopener\">sold, transferred or abandoned their business\u003c/a> before the judgment was even delivered, according to a joint study by the UCLA Labor Center and National Employment Law Project.\u003c/p>\n\u003cp>“It really is a structural problem within these industries where it’s really difficult to be able to collect those wages,” said Jennifer Lin, of the employment law project.\u003c/p>\n\u003cp>In May 2014, the Labor Commissioner announced citations over $1.5 million against two janitorial companies in Southern California — NLP Janitorial and Coast to Coast West — for \u003ca href=\"https://www.dir.ca.gov/DIRNews/2014/2014-42.pdf\" target=\"_blank\" rel=\"noopener\">failing to pay\u003c/a> their workers minimum wage or overtime.\u003c/p>\n\u003cp>Georgina Hernandez, one of the former employees, told FairWarning that she worked 12-hour days cleaning movie theaters and restaurants without overtime or breaks. She said she and her coworkers finally went to the Labor Commissioner after her boss laid them off without paying for their last month of work.\u003c/p>\n\u003cp>The loss of a month’s pay had life-altering consequences for Hernandez.\u003c/p>\n\u003cp>Speaking through a translator, she explained that she lost her apartment and spent two days sleeping on the street before finding a place to stay. For a while, she said, she couldn’t afford to feed her daughter. Others were in similar straits — at one point, Hernandez shared $10 with a former co-worker who couldn’t afford basic necessities like milk or tortillas.\u003c/p>\n\u003cp>[aside label=\"related coverage\" tag=\"wage-theft\"]Following the citations, NLP and Coast to Coast negotiated with state labor officials and agreed to pay a settlement to their former workers. But before paying up, both companies shut down and the owners disappeared, according to an organizer with the Maintenance Cooperation Trust Fund, an advocacy group for janitorial employees, that assisted the workers with their wage claims.\u003c/p>\n\u003cp>The Labor Commissioner got a court order to stop both companies from operating in California as long as they had unpaid judgments, Sirolly said. But NLP and Coast to Coast escaped the state’s jurisdiction by moving to Texas.\u003c/p>\n\u003cp>Sirolly said the office reached out to its counterpart in Texas to enforce the judgments, only to learn that the Texas was struggling to collect its own wage claims against the companies. He added that it’s unlikely payments will ever be made to workers in either state.\u003c/p>\n\u003cp>A similar thing happened to Southern California custodial worker Hilaria Corral. In 2014, the Labor Commissioner \u003ca href=\"https://www.dir.ca.gov/DIRNews/2014/2014-98.pdf\" target=\"_blank\" rel=\"noopener\">cited her employer\u003c/a>, Spirit Airport Services, for failing to pay overtime and minimum wage.\u003c/p>\n\u003cp>Corral said she had expected it would take time to get her back wages—perhaps as long as a year. But the company left California without paying anything to Corral, according to an organizer with the Maintenance Cooperation Trust Fund.\u003c/p>\n\u003cp>“[I’ve] suffered greatly,” Corral said through a translator, adding that she’s worried something like this will happen to her again.\u003c/p>\n\u003cp>If enforcing wage claims against fly-by-night operators is difficult, it's equally hard against powerful companies with seemingly limitless resources to stall wage theft cases.\u003c/p>\n\u003cp>In April 2017, a Los Angeles County truck driver named Jose Herrera \u003ca href=\"https://qhi7a3oj76cn9awl3qcqrh3o-wpengine.netdna-ssl.com/wp-content/uploads/2019/08/XPO-Cartage-DLSE-ODAs-1.pdf\" target=\"_blank\" rel=\"noopener\">won an award\u003c/a> of nearly $280,000 from his employer XPO Logistics Inc., a multinational transportation and logistics company headquartered in Greenwich, Connecticut, that reported \u003ca href=\"https://news.xpo.com/en-us/news/1910/xpo-logistics-announces-fourth-quarter-and-full-year-2018-results/\" target=\"_blank\" rel=\"noopener\">more than $17 billion in revenue\u003c/a> last year.\u003c/p>\n\u003cp>Herrera had filed a claim in March 2016 with the Labor Commissioner that accused XPO of misclassifying him as an independent contractor. Today, Herrera’s judgment remains just a piece of paper. For the past two years, XPO has fought the judgment in an appeal that is still pending in Long Beach Superior Court.\u003c/p>\n\u003cp>XPO did not respond to requests for comment.\u003c/p>\n\u003cp>Julie Dickinson, an attorney who has represented XPO workers in a different wage case, said the transportation company’s active wage and hour liability, both from private litigation and state claims, is estimated at over $185 million. With a hefty litigation budget, she said, XPO can fight these battles for years.\u003c/p>\n\u003cp>“The delays are astronomical,” Dickinson said.\u003c/p>\n\u003cp>In Herrera’s case, the delay is potentially life threatening. In 2018, he was diagnosed with prostate cancer. In quick succession, he lost his job and his health insurance. Even though he’s owed more than $200,000, according to court records, Herrera said he has to live on a small social security income that leaves him with about $200 each month after he pays for his housing.\u003c/p>\n\u003cp>“It’s really bad,” Herrera said. “Now that I’m not working and don’t have any income coming in, it’s hard because I have to watch everything I spend, everything I eat.” In September, a Long Beach Superior Court affirmed the Labor Commissioner’s 2017 decision. XPO is expected to appeal the ruling.\u003c/p>\n\u003cp>Manuel Martinez, a driver who works for XPO, spent seven years fighting the company for unpaid wages. After winning a settlement for a confidential sum earlier this year, Martinez visited family in Guatemala, taking his first vacation in five years.\u003c/p>\n\u003cp>Martinez said he was stunned to find that while he was away, XPO deducted hundreds of dollars for insurance, gas and administrative costs as if he had been working.\u003c/p>\n\u003cp>“[I] felt absolutely frustrated because I had made so little on that paycheck,” Martinez said through a translator. Martinez added that he had to dip into his settlement money to pay for maintenance to his truck, and he fears that he’ll ultimately have to file for bankruptcy.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>“[I] thought the company was going to make a change — [I] thought they were going to stop,” he said. “But at this point they’re doing it again, and it feels like XPO’s treatment is a laugh in the face of justice.”\u003c/p>\n\u003cp>There are some signs that post-judgment collections are improving in California. Last year, the Bureau of Field Enforcement recovered nearly $10.5 million in unpaid wage judgments — \u003ca href=\"https://www.dir.ca.gov/dlse/BOFE_LegReport2018.pdf\" target=\"_blank\" rel=\"noopener\">more than double\u003c/a> the previous year. Tia Koonse, a staff attorney with the UCLA Labor Center, said Julie Su, who served as Labor Commissioner office from 2011 through 2018, improved enforcement by focusing on investigations of California’s underground economy and strengthening partnerships with community groups.\u003c/p>\n\u003cp>Su was tapped earlier this year by Gov. Gavin Newsom to head the California Labor and Workforce Development Agency. The Labor Commissioner’s Office refused FairWarning's request to interview Lilia Garcia-Brower, Su’s replacement.\u003c/p>\n\u003cp>A recent law, SB 588, gives the agency new powers to collect post-judgment money. According to Sirolly, the agency has also started to sue companies to prevent fraudulent transfers and bankruptcies designed to hide their assets. In Los Angeles, a pilot program to help day laborers file a measure known as a mechanics' lien boasts a nearly 100% collection rate, he added.\u003c/p>\n\u003cp>Meanwhile, the parade of news releases from the Labor Commissioner’s Office continues to announce its citations and the big dollars attached: $631,000 against a Daly City residential care facility in July; over$2.36 million against a Culver City car wash in April.\u003c/p>\n\u003cp>Sirolly said the office has done a lot of work to hold these sorts of employers accountable. But this isn’t much comfort to a worker like Jose Herrera, who says he sometimes wakes up in the night wondering if he’ll ever see a nickel of his wages.\u003c/p>\n\u003cp>“Once you get to a point where nothing is going your way and you have no money to pay [bills], that’s when it gets to you and you feel like ‘what am I going to do now?’ ”\u003c/p>\n\u003cp>\u003cem>\u003ca href=\"https://www.fairwarning.org/2019/10/clawing-back-stolen-wages/\" target=\"_blank\" rel=\"noopener\">This story\u003c/a> was produced by \u003ca href=\"http://www.fairwarning.org\" target=\"_blank\" rel=\"noopener\">FairWarning\u003c/a>, a nonprofit news organization based in Southern California that focuses on public health, consumer, workplace and environmental issues.\u003c/em>\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n","blocks":[],"excerpt":"Wage theft occurs with alarming frequency in California, and workers often never see any money from settlements.","status":"publish","parent":0,"modified":1571262962,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":57,"wordCount":2652},"headData":{"title":"'We’re Being Robbed': Wage Theft in California Often Goes Unpunished by State | KQED","description":"Wage theft occurs with alarming frequency in California, and workers often never see any money from settlements.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"'We’re Being Robbed': Wage Theft in California Often Goes Unpunished by State","datePublished":"2019-10-16T13:31:25.000Z","dateModified":"2019-10-16T21:56:02.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"11780059 https://ww2.kqed.org/news/?p=11780059","disqusUrl":"https://ww2.kqed.org/news/2019/10/16/were-being-robbed-california-employers-who-cheat-workers-often-not-held-accountable-by-state/","disqusTitle":"'We’re Being Robbed': Wage Theft in California Often Goes Unpunished by State","source":"FairWarning","sourceUrl":"https://www.fairwarning.org/","audioUrl":"https://www.kqed.org/.stream/anon/radio/tcr/2019/10/WolfeGonzalez.mp3","nprByline":"Eli Wolfe\u003cbr>FairWarning","audioTrackLength":195,"path":"/news/11780059/were-being-robbed-california-employers-who-cheat-workers-often-not-held-accountable-by-state","audioDuration":196000,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>In February, when California labor officials announced the biggest wage theft case against a private company in state history, they included a warning for all bosses:\u003c/p>\n\u003cp>“Stealing earned wages from workers’ pockets is illegal in California and this case shows that employers who steal from their workers will end up paying for it in the end,” Julie Su, head of the state’s Labor and Workforce Development Agency, said in a press release announcing \u003ca href=\"https://www.dir.ca.gov/DIRNews/2019/2019-16.pdf\" target=\"_blank\" rel=\"noopener\">nearly $12 million in citations\u003c/a> against RDV Construction, Inc.\u003c/p>\n\u003cp>RDV has appealed the penalties.\u003c/p>\n\u003cp>But her message didn’t include a timeline for when RDV will pay; nor do any of the other announcements from the Labor Commissioner's Office about wage theft citations. There’s good reason for this: In many cases, it takes years before workers receive even a portion of the money they’re owed. Sometimes they receive nothing at all.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'Once you get to a point where nothing is going your way and you have no money to pay [bills], that’s when it gets to you and you feel like, what am I going to do now?'","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"Jose Herrera","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Last week, Gov. Gavin Newsom signed a series of worker protection bills, including \u003ca href=\"http://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201920200AB51\" target=\"_blank\" rel=\"noopener\">Assembly Bill 51\u003c/a>, which bans forced arbitration, a business practice commonly used by employers to prevent workers from suing them for sexual harassment, discrimination or wage theft. Another new law extends the amount of time employees have to file civil rights complaints against their employers.\u003c/p>\n\u003cp>“We’re being robbed,” said Georgina Hernandez, a janitorial worker whose former employer was cited for multiple wage violations in 2014 and ordered to pay workers over $1.7 million. Five years later, Hernandez and dozens of other employees haven’t received a dime, according to labor organizers.\u003c/p>\n\u003cp>Wage theft — a term that covers various types of pay violations — occurs with alarming frequency in California. Many employers, large and small, shortchange their workers by not paying them the minimum wage or required overtime, making improper deductions or refusing to pay them altogether. According to the U.S. Department of Labor, minimum wage violations in California alone occur approximately \u003ca href=\"https://www.dir.ca.gov/dlse/BOFE_LegReport2018.pdf\" target=\"_blank\" rel=\"noopener\">372,000 times each week\u003c/a>.\u003c/p>\n\u003cp>Low-income workers (those paid less than $14.35 per hour in 2017), who make up \u003ca href=\"http://laborcenter.berkeley.edu/low-wage-work-in-california/#the-numbers\" target=\"_blank\" rel=\"noopener\">about a third\u003c/a> of California’s workforce, are especially vulnerable, and can suffer severe hardship when shorted on their pay. Every year, tens of millions of dollars are siphoned from workers like Hernandez, who clean restaurants, pick fruit, wait tables, repair cars, stock warehouses, sew clothes and care for the sick and elderly.\u003c/p>\n\u003cp>Risking retaliation, many workers seek help from the government. In California, the U.S. Department of Labor’s Wage and Hour Division enforces federal pay rules. But to add muscle to its efforts, the state Labor Commissioner's Office runs a parallel enforcement program. It allows workers to pursue unpaid wages through hearings, where administrative officers award or reject their claims.\u003c/p>\n\u003cp>In the majority of cases — roughly 80% — employers pay at least a portion of the claim before any judgment can be issued, said Matthew Sirolly, an attorney with the Labor Commissioner’s Office.\u003c/p>\n\u003cp>But when workers don’t reach a settlement, they rarely get their money. A landmark study of California wage claims between 2008 and 2011 found that \u003ca href=\"https://www.labor.ucla.edu/wp-content/uploads/2018/06/HollowVictories.pdf\" target=\"_blank\" rel=\"noopener\">just 17% of workers\u003c/a> who won a Labor Commission judgment received even some of their pay. To avoid paying up, many of these employers shuttered their companies or hid assets, leaving workers nothing.\u003c/p>\n\u003cp>“Some person of authority — a judge or an administrative hearing officer — says this particular employer has broken the law and owes you money for your wages. But all it means is you get a piece of paper that they don’t have to pay,” said Matthew DeCarolis, an attorney at Bet Tzedek, a nonprofit legal aid firm in Los Angeles.\u003c/p>\n\u003cp>The press releases suggesting victories for underpaid workers do not hint at the years-long struggles that may lie ahead. For this story, FairWarning conducted more than 20 interviews and reviewed hundreds of pages of documents obtained under the California Public Records Act and from court files, to determine the actual outcome of these cases. In some instances, workers ultimately got nothing or, years later, are still waiting.\u003c/p>\n\u003cfigure id=\"attachment_11780074\" class=\"wp-caption alignleft\" style=\"max-width: 354px\">\u003ca href=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/10/Herrera2-e1570561110272.jpg\">\u003cimg class=\" wp-image-11780074\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/10/Herrera2-e1570561110272.jpg\" alt=\"\" width=\"354\" height=\"266\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2019/10/Herrera2-e1570561110272.jpg 550w, https://ww2.kqed.org/app/uploads/sites/10/2019/10/Herrera2-e1570561110272-160x120.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2019/10/Herrera2-e1570561110272-536x402.jpg 536w\" sizes=\"(max-width: 354px) 100vw, 354px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Jose Herrera is owed over $200,000 by his former employer, the transportation firm XPO Logistics. Herrera, who is unemployed and fighting cancer, said he’s barely getting by on his social security income. \u003ccite>(Eli Wolfe/FairWarning)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Take the seemingly endless saga of American Airporter Shuttle Inc. In April 2012, a van driver named Bin Wu filed an administrative claim with the Labor Commissioner that accused the San Francisco-based shuttle business of \u003ca href=\"https://qhi7a3oj76cn9awl3qcqrh3o-wpengine.netdna-ssl.com/wp-content/uploads/2019/08/DLSE-v.-American-Airporter-Shuttle-Notice-of-Findings-and-Order-5.6.16.pdf\" target=\"_blank\" rel=\"noopener\">numerous violations\u003c/a>.\u003c/p>\n\u003cp>Wu testified that he usually worked 13-hour days, and that the company asked him to work through meal breaks. He also wasn’t allowed to refuse assignments, but the shuttle firm classified him as an independent contractor, which would exempt them from wage regulations.\u003c/p>\n\u003cp>According to his testimony, Wu didn’t understand his contractor agreement because he received a copy in English, even though he speaks only Mandarin Chinese. Five other drivers subsequently filed similar claims.\u003c/p>\n\u003cp>In 2013, following an investigation, the Labor Commissioner issued citations to American Airporter and its owner, Phillip Achilles, saying the they illegally misclassified its drivers as contractors. The company appealed, a new hearing was held, and in May 2016 an administrative officer \u003ca href=\"https://www.dir.ca.gov/DIRNews/2016/2016-53.pdf\" target=\"_blank\" rel=\"noopener\">affirmed the citations\u003c/a>.\u003c/p>\n\u003cp>What happened next highlights the lengths some employers will go to fight citations, and the difficulty of recovering stolen wages through the legal system.\u003c/p>\n\u003cp>On June 16, 2016, after the state Labor Commissioner affirmed American Airporter’s citations, the company \u003ca href=\"https://qhi7a3oj76cn9awl3qcqrh3o-wpengine.netdna-ssl.com/wp-content/uploads/2019/08/Achilles-Writ-of-Mandate.pdf\" target=\"_blank\" rel=\"noopener\">contested the findings\u003c/a> in San Francisco Superior Court. But for the next two years, Achilles did nothing to advance his plea. In court briefs, the Labor Commissioner asserted that he had instead worked secretly to hide his assets. FairWarning was unable to reach Achilles. An attorney who represents the drivers declined to speak on record.\u003c/p>\n\u003cp>In October 2017, the Labor Commissioner discovered that Achilles was \u003ca href=\"https://qhi7a3oj76cn9awl3qcqrh3o-wpengine.netdna-ssl.com/wp-content/uploads/2019/08/Achilles-Demand-Letter-Fraudulent-Transfer.pdf\" target=\"_blank\" rel=\"noopener\">trying to sell\u003c/a> a building he owned in downtown San Francisco. The state moved to put a lien on his commercial property, allegedly worth over $5 million, but Achilles transferred the building to a shell company, rendering himself insolvent, according to court records. The Labor Commissioner \u003ca href=\"https://qhi7a3oj76cn9awl3qcqrh3o-wpengine.netdna-ssl.com/wp-content/uploads/2019/08/Phillip-Achilles-Complaint-CONFORMED.pdf\" target=\"_blank\" rel=\"noopener\">sued Achilles\u003c/a> to undo the allegedly fraudulent transfer.\u003c/p>\n\u003cp>In January 2019, nearly seven years after Bin Wu filed his wage claim, the Labor Commissioner and Achilles finally \u003ca href=\"https://qhi7a3oj76cn9awl3qcqrh3o-wpengine.netdna-ssl.com/wp-content/uploads/2019/08/Achilles-mediation-discussion.pdf\" target=\"_blank\" rel=\"noopener\">agreed to sit down\u003c/a> for mediation and, according to court records, \u003ca href=\"https://qhi7a3oj76cn9awl3qcqrh3o-wpengine.netdna-ssl.com/wp-content/uploads/2019/08/Achilles-case-management-statement.pdf\" target=\"_blank\" rel=\"noopener\">hammered out a settlement\u003c/a> in February.\u003c/p>\n\u003cfigure id=\"attachment_11780075\" class=\"wp-caption alignright\" style=\"max-width: 300px\">\u003ca href=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/10/Hilaria-e1570561014802.jpg\">\u003cimg class=\"size-full wp-image-11780075\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/10/Hilaria-e1570561014802.jpg\" alt=\"\" width=\"300\" height=\"533\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2019/10/Hilaria-e1570561014802.jpg 300w, https://ww2.kqed.org/app/uploads/sites/10/2019/10/Hilaria-e1570561014802-160x284.jpg 160w\" sizes=\"(max-width: 300px) 100vw, 300px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Hilaria Corral’s former employer, Spirit Airport Services, was cited for wage violations in 2014. The company left California without paying her back wages. \u003ccite>(Photo courtesy of Corral)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>But it was short-lived: In May, the Labor Commissioner accused Achilles of breaching their agreement. A \u003ca href=\"https://qhi7a3oj76cn9awl3qcqrh3o-wpengine.netdna-ssl.com/wp-content/uploads/2019/08/Achilles-Trial-Date.pdf\" target=\"_blank\" rel=\"noopener\">trial date\u003c/a> has been set for Dec. 16, but Matthew Sirolly, the Labor Commissioner attorney, said it’s unlikely the case will reach this stage because the agency has asked the court to enforce a sheriff’s sale of Achilles’ real estate.\u003c/p>\n\u003cp>But, he noted, the legal system can move at a “glacial” pace, which means an immediate sale of the property is unlikely. Sirolly said the hope is for a sale by early 2020.\u003c/p>\n\u003cp>Even in less extreme cases, hurdles for underpaid workers remain high. They need to identify their employer’s bank account or real property, which can be difficult if the information on their pay stubs is missing or incorrect. Some bosses close their companies and reopen under different names. In 50% of cases where the Labor Commissioner found that an employer owed wages, the employer \u003ca href=\"https://www.labor.ucla.edu/wp-content/uploads/2018/06/HollowVictories.pdf\" target=\"_blank\" rel=\"noopener\">sold, transferred or abandoned their business\u003c/a> before the judgment was even delivered, according to a joint study by the UCLA Labor Center and National Employment Law Project.\u003c/p>\n\u003cp>“It really is a structural problem within these industries where it’s really difficult to be able to collect those wages,” said Jennifer Lin, of the employment law project.\u003c/p>\n\u003cp>In May 2014, the Labor Commissioner announced citations over $1.5 million against two janitorial companies in Southern California — NLP Janitorial and Coast to Coast West — for \u003ca href=\"https://www.dir.ca.gov/DIRNews/2014/2014-42.pdf\" target=\"_blank\" rel=\"noopener\">failing to pay\u003c/a> their workers minimum wage or overtime.\u003c/p>\n\u003cp>Georgina Hernandez, one of the former employees, told FairWarning that she worked 12-hour days cleaning movie theaters and restaurants without overtime or breaks. She said she and her coworkers finally went to the Labor Commissioner after her boss laid them off without paying for their last month of work.\u003c/p>\n\u003cp>The loss of a month’s pay had life-altering consequences for Hernandez.\u003c/p>\n\u003cp>Speaking through a translator, she explained that she lost her apartment and spent two days sleeping on the street before finding a place to stay. For a while, she said, she couldn’t afford to feed her daughter. Others were in similar straits — at one point, Hernandez shared $10 with a former co-worker who couldn’t afford basic necessities like milk or tortillas.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"label":"related coverage ","tag":"wage-theft"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>Following the citations, NLP and Coast to Coast negotiated with state labor officials and agreed to pay a settlement to their former workers. But before paying up, both companies shut down and the owners disappeared, according to an organizer with the Maintenance Cooperation Trust Fund, an advocacy group for janitorial employees, that assisted the workers with their wage claims.\u003c/p>\n\u003cp>The Labor Commissioner got a court order to stop both companies from operating in California as long as they had unpaid judgments, Sirolly said. But NLP and Coast to Coast escaped the state’s jurisdiction by moving to Texas.\u003c/p>\n\u003cp>Sirolly said the office reached out to its counterpart in Texas to enforce the judgments, only to learn that the Texas was struggling to collect its own wage claims against the companies. He added that it’s unlikely payments will ever be made to workers in either state.\u003c/p>\n\u003cp>A similar thing happened to Southern California custodial worker Hilaria Corral. In 2014, the Labor Commissioner \u003ca href=\"https://www.dir.ca.gov/DIRNews/2014/2014-98.pdf\" target=\"_blank\" rel=\"noopener\">cited her employer\u003c/a>, Spirit Airport Services, for failing to pay overtime and minimum wage.\u003c/p>\n\u003cp>Corral said she had expected it would take time to get her back wages—perhaps as long as a year. But the company left California without paying anything to Corral, according to an organizer with the Maintenance Cooperation Trust Fund.\u003c/p>\n\u003cp>“[I’ve] suffered greatly,” Corral said through a translator, adding that she’s worried something like this will happen to her again.\u003c/p>\n\u003cp>If enforcing wage claims against fly-by-night operators is difficult, it's equally hard against powerful companies with seemingly limitless resources to stall wage theft cases.\u003c/p>\n\u003cp>In April 2017, a Los Angeles County truck driver named Jose Herrera \u003ca href=\"https://qhi7a3oj76cn9awl3qcqrh3o-wpengine.netdna-ssl.com/wp-content/uploads/2019/08/XPO-Cartage-DLSE-ODAs-1.pdf\" target=\"_blank\" rel=\"noopener\">won an award\u003c/a> of nearly $280,000 from his employer XPO Logistics Inc., a multinational transportation and logistics company headquartered in Greenwich, Connecticut, that reported \u003ca href=\"https://news.xpo.com/en-us/news/1910/xpo-logistics-announces-fourth-quarter-and-full-year-2018-results/\" target=\"_blank\" rel=\"noopener\">more than $17 billion in revenue\u003c/a> last year.\u003c/p>\n\u003cp>Herrera had filed a claim in March 2016 with the Labor Commissioner that accused XPO of misclassifying him as an independent contractor. Today, Herrera’s judgment remains just a piece of paper. For the past two years, XPO has fought the judgment in an appeal that is still pending in Long Beach Superior Court.\u003c/p>\n\u003cp>XPO did not respond to requests for comment.\u003c/p>\n\u003cp>Julie Dickinson, an attorney who has represented XPO workers in a different wage case, said the transportation company’s active wage and hour liability, both from private litigation and state claims, is estimated at over $185 million. With a hefty litigation budget, she said, XPO can fight these battles for years.\u003c/p>\n\u003cp>“The delays are astronomical,” Dickinson said.\u003c/p>\n\u003cp>In Herrera’s case, the delay is potentially life threatening. In 2018, he was diagnosed with prostate cancer. In quick succession, he lost his job and his health insurance. Even though he’s owed more than $200,000, according to court records, Herrera said he has to live on a small social security income that leaves him with about $200 each month after he pays for his housing.\u003c/p>\n\u003cp>“It’s really bad,” Herrera said. “Now that I’m not working and don’t have any income coming in, it’s hard because I have to watch everything I spend, everything I eat.” In September, a Long Beach Superior Court affirmed the Labor Commissioner’s 2017 decision. XPO is expected to appeal the ruling.\u003c/p>\n\u003cp>Manuel Martinez, a driver who works for XPO, spent seven years fighting the company for unpaid wages. After winning a settlement for a confidential sum earlier this year, Martinez visited family in Guatemala, taking his first vacation in five years.\u003c/p>\n\u003cp>Martinez said he was stunned to find that while he was away, XPO deducted hundreds of dollars for insurance, gas and administrative costs as if he had been working.\u003c/p>\n\u003cp>“[I] felt absolutely frustrated because I had made so little on that paycheck,” Martinez said through a translator. Martinez added that he had to dip into his settlement money to pay for maintenance to his truck, and he fears that he’ll ultimately have to file for bankruptcy.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>“[I] thought the company was going to make a change — [I] thought they were going to stop,” he said. “But at this point they’re doing it again, and it feels like XPO’s treatment is a laugh in the face of justice.”\u003c/p>\n\u003cp>There are some signs that post-judgment collections are improving in California. Last year, the Bureau of Field Enforcement recovered nearly $10.5 million in unpaid wage judgments — \u003ca href=\"https://www.dir.ca.gov/dlse/BOFE_LegReport2018.pdf\" target=\"_blank\" rel=\"noopener\">more than double\u003c/a> the previous year. Tia Koonse, a staff attorney with the UCLA Labor Center, said Julie Su, who served as Labor Commissioner office from 2011 through 2018, improved enforcement by focusing on investigations of California’s underground economy and strengthening partnerships with community groups.\u003c/p>\n\u003cp>Su was tapped earlier this year by Gov. Gavin Newsom to head the California Labor and Workforce Development Agency. The Labor Commissioner’s Office refused FairWarning's request to interview Lilia Garcia-Brower, Su’s replacement.\u003c/p>\n\u003cp>A recent law, SB 588, gives the agency new powers to collect post-judgment money. According to Sirolly, the agency has also started to sue companies to prevent fraudulent transfers and bankruptcies designed to hide their assets. In Los Angeles, a pilot program to help day laborers file a measure known as a mechanics' lien boasts a nearly 100% collection rate, he added.\u003c/p>\n\u003cp>Meanwhile, the parade of news releases from the Labor Commissioner’s Office continues to announce its citations and the big dollars attached: $631,000 against a Daly City residential care facility in July; over$2.36 million against a Culver City car wash in April.\u003c/p>\n\u003cp>Sirolly said the office has done a lot of work to hold these sorts of employers accountable. But this isn’t much comfort to a worker like Jose Herrera, who says he sometimes wakes up in the night wondering if he’ll ever see a nickel of his wages.\u003c/p>\n\u003cp>“Once you get to a point where nothing is going your way and you have no money to pay [bills], that’s when it gets to you and you feel like ‘what am I going to do now?’ ”\u003c/p>\n\u003cp>\u003cem>\u003ca href=\"https://www.fairwarning.org/2019/10/clawing-back-stolen-wages/\" target=\"_blank\" rel=\"noopener\">This story\u003c/a> was produced by \u003ca href=\"http://www.fairwarning.org\" target=\"_blank\" rel=\"noopener\">FairWarning\u003c/a>, a nonprofit news organization based in Southern California that focuses on public health, consumer, workplace and environmental issues.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11780059/were-being-robbed-california-employers-who-cheat-workers-often-not-held-accountable-by-state","authors":["byline_news_11780059"],"programs":["news_72"],"categories":["news_6188","news_8"],"tags":["news_20546","news_19904","news_24863","news_17041","news_18208"],"featImg":"news_11780367","label":"source_news_11780059"},"news_11318603":{"type":"posts","id":"news_11318603","meta":{"index":"posts_1591205157","site":"news","id":"11318603","score":null,"sort":[1487208640000]},"guestAuthors":[],"slug":"trump-labor-nominee-andrew-puzder-withdraws-first-cabinet-pick-to-fall","title":"Trump Labor Nominee Andrew Puzder Withdraws, First Cabinet Pick to Fall","publishDate":1487208640,"format":"standard","headTitle":"The California Report | KQED News","labelTerm":{},"content":"\u003cp>\u003cstrong>Updated at 4:15 p.m. ET\u003c/strong>\u003c/p>\n\u003cp>Fast-food executive Andrew Puzder withdrew his nomination to head the Labor Department on Wednesday as his support on Capitol Hill faltered. Facing criticism from both sides of the aisle, Puzder became the first Trump Cabinet pick whose nomination failed.\u003c/p>\n\u003cp>https://twitter.com/AndyPuzder/status/831973151730958336\u003c/p>\n\u003cp>Puzder put out a statement on Wednesday:\u003c/p>\n\u003cblockquote>\u003cp>\"After careful consideration and discussions with my family, I am withdrawing my nomination for Secretary of Labor. I am honored to have been considered by President Donald Trump to lead the Department of Labor and put America's workers and businesses back on a path to sustainable prosperity. I want to thank President Trump for his nomination. I also thank my family and my many supporters—employees, businesses, friends and people who have voiced their praise and hopeful optimism for the policies and new thinking I would have brought to America as Secretary of Labor. While I won't be serving in the administration, I fully support the President and his highly qualified team.\"\u003c/p>\u003c/blockquote>\n\u003cp>Ahead of his scheduled confirmation hearing on Thursday, which had been delayed several times, it became less clear that Puzder had support from his own party, facing pressure to withdraw. Several Republican senators, including Maine's Susan Collins, Alaska's Lisa Murkowski, Georgia's Johnny Isakson and South Carolina's Tim Scott, signaled trouble by saying they were undecided on Puzder.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>In a statement responding to Puzder's withdrawal, Scott said, \"As revelations regarding paying employees in cash, illegal immigration, and comments regarding some of the American workforce came to light, I developed serious concerns regarding his nomination.\" Scott said he informed Senate GOP leadership about his reluctance to support Puzder.\u003c/p>\n\u003cp>Puzder has faced a range of criticisms, from his record running the Hardee's and Carl's Jr.'s fast-food chains to old allegations -- since retracted -- of domestic abuse made by his ex-wife. More recently, Puzder disclosed he employed a housekeeper who was not in the country legally. Labor unions, which had planned to protest his nomination outside the Senate offices where the hearing was to be held, have argued a Puzder-led Labor Department would undermine their efforts to raise the federal minimum wage, expand the eligibility for overtime pay and enforce wage and hour violations, among other things.\u003c/p>\n\u003cp>Puzder, a corporate attorney by training, was first a lawyer for CKE Restaurants, which operates Hardee's, Carl's Jr., Green Burrito and Red Burrito restaurants. He helped founder Carl Karcher settle an insider trading case with the Securities and Exchange Commission. Then, after the chain fell into financial trouble following its acquisition of Hardee's in the late 1990s, Puzder helped turn the company around and in 2000 was named CEO.\u003c/p>\n\u003cp>As CEO, and later as a Trump campaign adviser, Puzder has been outspoken about his views on labor policy, contributing to newspaper opinion pages and on television, discussing issues such as immigration. During the Republican presidential primaries, Puzder advocated creating a path to legal status for unauthorized workers living in the U.S. He endorsed a more moderate \"comprehensive immigration reform,\" similar to what candidates Jeb Bush and Marco Rubio were proposing at the time.\u003c/p>\n\u003cp>That endorsement won him critics from the right, who want the Trump administration to make good on promises to get tougher on illegal immigration and crack down to deport those in the country illegally.\u003c/p>\n\u003cp>In an opinion piece titled \"No to Puzder\" in the \u003cem>National Review\u003c/em> published Feb. 15, the conservative magazine wrote: \"The case for his confirmation has diminished to the point of disappearing.\"\u003c/p>\n\u003cp>The most vocal critics, however, have pointed to his industry's record at the very department he would lead.\u003c/p>\n\u003cp>For the fast-food industry overall, during the 2016 federal fiscal year, the agency found violations in 86 percent of the 1,300 cases it investigated for wage theft or for unpaid overtime. CKE Restaurants had one of the lowest incidents of reported cases, faring relatively well in an industry that came in for a lot of criticism under the Obama administration.\u003c/p>\n\u003cp>Richard Trumka, president of the AFL-CIO, said Puzder would not have enforced labor laws against his own industry. \"How can he possibly go out and defend workers,\" he said, arguing the agency should be headed by someone with a history of trying to protect the interests of workers.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Copyright 2017 NPR. To see more, visit http://www.npr.org/.\u003c/p>\n\n","blocks":[],"excerpt":"The fast-food CEO faced fierce opposition from labor groups, plus personal controversies. Ultimately, he didn't have support from enough Republican senators.","status":"publish","parent":0,"modified":1487291768,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":17,"wordCount":743},"headData":{"title":"Trump Labor Nominee Andrew Puzder Withdraws, First Cabinet Pick to Fall | KQED","description":"The fast-food CEO faced fierce opposition from labor groups, plus personal controversies. Ultimately, he didn't have support from enough Republican senators.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Trump Labor Nominee Andrew Puzder Withdraws, First Cabinet Pick to Fall","datePublished":"2017-02-16T01:30:40.000Z","dateModified":"2017-02-17T00:36:08.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"11318603 https://ww2.kqed.org/news/?p=11318603","disqusUrl":"https://ww2.kqed.org/news/2017/02/15/trump-labor-nominee-andrew-puzder-withdraws-first-cabinet-pick-to-fall/","disqusTitle":"Trump Labor Nominee Andrew Puzder Withdraws, First Cabinet Pick to Fall","source":"NPR","sourceUrl":"http://www.npr.org/","audioUrl":"http://www.kqed.org/.stream/anon/radio/tcr/2017/02/2017-02-16c-tcr.mp3","guestFields":"0","nprImageCredit":"Carolyn Kaster","nprByline":"\u003cstrong>\u003ca href=\"http://www.npr.org/people/96022165/yuki-noguchi\">Yuki Noguchi\u003c/a>\u003cbr />\u003ca href=\"http://www.npr.org/\">NPR\u003c/a>\u003c/strong>","nprImageAgency":"AP","nprStoryId":"515425370","nprApiLink":"http://api.npr.org/query?id=515425370&apiKey=MDAxOTAwOTE4MDEyMTkxMDAzNjczZDljZA004","nprHtmlLink":"http://www.npr.org/2017/02/15/515425370/trump-labor-pick-andrew-puzders-nomination-appears-in-jeopardy?ft=nprml&f=515425370","nprRetrievedStory":"1","nprPubDate":"Wed, 15 Feb 2017 16:52:00 -0500","nprStoryDate":"Wed, 15 Feb 2017 15:25:00 -0500","nprLastModifiedDate":"Wed, 15 Feb 2017 16:52:37 -0500","path":"/news/11318603/trump-labor-nominee-andrew-puzder-withdraws-first-cabinet-pick-to-fall","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cstrong>Updated at 4:15 p.m. ET\u003c/strong>\u003c/p>\n\u003cp>Fast-food executive Andrew Puzder withdrew his nomination to head the Labor Department on Wednesday as his support on Capitol Hill faltered. Facing criticism from both sides of the aisle, Puzder became the first Trump Cabinet pick whose nomination failed.\u003c/p>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"singleTwitterStatus","attributes":{"named":{"id":"831973151730958336"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\n\u003cp>Puzder put out a statement on Wednesday:\u003c/p>\n\u003cblockquote>\u003cp>\"After careful consideration and discussions with my family, I am withdrawing my nomination for Secretary of Labor. I am honored to have been considered by President Donald Trump to lead the Department of Labor and put America's workers and businesses back on a path to sustainable prosperity. I want to thank President Trump for his nomination. I also thank my family and my many supporters—employees, businesses, friends and people who have voiced their praise and hopeful optimism for the policies and new thinking I would have brought to America as Secretary of Labor. While I won't be serving in the administration, I fully support the President and his highly qualified team.\"\u003c/p>\u003c/blockquote>\n\u003cp>Ahead of his scheduled confirmation hearing on Thursday, which had been delayed several times, it became less clear that Puzder had support from his own party, facing pressure to withdraw. Several Republican senators, including Maine's Susan Collins, Alaska's Lisa Murkowski, Georgia's Johnny Isakson and South Carolina's Tim Scott, signaled trouble by saying they were undecided on Puzder.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>In a statement responding to Puzder's withdrawal, Scott said, \"As revelations regarding paying employees in cash, illegal immigration, and comments regarding some of the American workforce came to light, I developed serious concerns regarding his nomination.\" Scott said he informed Senate GOP leadership about his reluctance to support Puzder.\u003c/p>\n\u003cp>Puzder has faced a range of criticisms, from his record running the Hardee's and Carl's Jr.'s fast-food chains to old allegations -- since retracted -- of domestic abuse made by his ex-wife. More recently, Puzder disclosed he employed a housekeeper who was not in the country legally. Labor unions, which had planned to protest his nomination outside the Senate offices where the hearing was to be held, have argued a Puzder-led Labor Department would undermine their efforts to raise the federal minimum wage, expand the eligibility for overtime pay and enforce wage and hour violations, among other things.\u003c/p>\n\u003cp>Puzder, a corporate attorney by training, was first a lawyer for CKE Restaurants, which operates Hardee's, Carl's Jr., Green Burrito and Red Burrito restaurants. He helped founder Carl Karcher settle an insider trading case with the Securities and Exchange Commission. Then, after the chain fell into financial trouble following its acquisition of Hardee's in the late 1990s, Puzder helped turn the company around and in 2000 was named CEO.\u003c/p>\n\u003cp>As CEO, and later as a Trump campaign adviser, Puzder has been outspoken about his views on labor policy, contributing to newspaper opinion pages and on television, discussing issues such as immigration. During the Republican presidential primaries, Puzder advocated creating a path to legal status for unauthorized workers living in the U.S. He endorsed a more moderate \"comprehensive immigration reform,\" similar to what candidates Jeb Bush and Marco Rubio were proposing at the time.\u003c/p>\n\u003cp>That endorsement won him critics from the right, who want the Trump administration to make good on promises to get tougher on illegal immigration and crack down to deport those in the country illegally.\u003c/p>\n\u003cp>In an opinion piece titled \"No to Puzder\" in the \u003cem>National Review\u003c/em> published Feb. 15, the conservative magazine wrote: \"The case for his confirmation has diminished to the point of disappearing.\"\u003c/p>\n\u003cp>The most vocal critics, however, have pointed to his industry's record at the very department he would lead.\u003c/p>\n\u003cp>For the fast-food industry overall, during the 2016 federal fiscal year, the agency found violations in 86 percent of the 1,300 cases it investigated for wage theft or for unpaid overtime. CKE Restaurants had one of the lowest incidents of reported cases, faring relatively well in an industry that came in for a lot of criticism under the Obama administration.\u003c/p>\n\u003cp>Richard Trumka, president of the AFL-CIO, said Puzder would not have enforced labor laws against his own industry. \"How can he possibly go out and defend workers,\" he said, arguing the agency should be headed by someone with a history of trying to protect the interests of workers.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Copyright 2017 NPR. To see more, visit http://www.npr.org/.\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11318603/trump-labor-nominee-andrew-puzder-withdraws-first-cabinet-pick-to-fall","authors":["byline_news_11318603"],"programs":["news_6944","news_72"],"categories":["news_1758","news_8","news_13"],"tags":["news_20547","news_20546","news_19904"],"affiliates":["news_253"],"featImg":"news_11318609","label":"source_news_11318603"}},"programsReducer":{"possible":{"id":"possible","title":"Possible","info":"Possible is hosted by entrepreneur Reid Hoffman and writer Aria Finger. Together in Possible, Hoffman and Finger lead enlightening discussions about building a brighter collective future. The show features interviews with visionary guests like Trevor Noah, Sam Altman and Janette Sadik-Khan. Possible paints an optimistic portrait of the world we can create through science, policy, business, art and our shared humanity. 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