CIRS Blog about Rural California
By Megan Beaman and Kevin Kish
Low-wage workers—regardless of immigration status—shoulder more than their fair share of workplace violations, including unpaid wages, unsafe working conditions, and discrimination and harassment. Immigrant low-wage workers are particularly vulnerable—working under constant fear that if they exercise basic workplace rights, they will suffer retaliation that could result in the separation of their families; loss of homes and property; or return to violence or extreme poverty in their home countries.
This fear of retaliation is based in fact. We as advocates have seen it happen time and time again—and it overwhelmingly leads to workers staying silent, leaving employers without even a slap on the wrist when they break the law.
Scofflaw employers do not and will not stop violating the law if they are not held accountable for their violations to all workers. Any other type of piecemeal enforcement, or lack of enforcement, encourages employers to hire vulnerable undocumented workers, disregard labor laws as basic as the minimum wage, and then fire them when they complain – all to the economic disadvantage of employers who do follow the law.
Earlier this summer, the California Supreme Court in the Salas v. Sierra Chemical Company case agreed, deciding that companies that hire undocumented workers (knowingly or not) do not get a free pass to discriminate against them.
By David Runsten, Richard Mines and Sandra Nichols
The great failure of the Immigration Reform and Control Act of 1986 (IRCA) was that it did not provide for a continuing legal flow of new immigrants to manually–skilled labor markets. People will keep coming if there is a demand for their labor and what is required is a policy that legalizes and manages this flow in the most efficient and least-cost manner. The research strongly suggests that the net economic impact of immigrant labor is positive, and that employment of U.S. workers is highly complementary to immigrant labor in manually-skilled labor markets.