| |
Abdul
Umar was 16 when he came to New York from Pakistan, his spirit high
on the American Dream. It was 1983, and Umar was eager to make his
mark in the city. The only problem was, he wasn’t supposed to work,
having entered the country on a visitor’s visa.
Nevertheless,
he soon found a job as a candy store assistant making $3 an hour,
he says. The salary was slightly below the $3.35 minimum wage at
the time, but Umar did not complain.
"People
are happy to employ those who don’t have the green card," says Umar,
who laughs when he remembers the various jobs he had before 1995,
when he was granted permanent resident status. Illegal immigrants
are willing to work for whomever hires them, even when the job entails
substandard wages and extra hours, he says.
Umar’s
tale could easily be one of many of the city’s estimated 500,000
illegal immigrants today who continue to feel powerless at the hands
of employers. But part of that powerlessness is derived from many
immigrants’ ignorance about the rights they have.
"It’s
not that workers don’t have a voice. It’s just that they don’t know
that they do," says Ben Sacks, co-coordinator of the Workplace
Justice Project of Make the Road by Walking, an organization that
represents low-wage immigrant workers in Bushwick, Brooklyn.
Workers
are guaranteed the minimum wage and overtime pay under the
Fair Labor Standards Act of 1938, says Betsy McCormick, assistant
commissioner of communications at the New York State Division of
Labor. The act covers nearly all full and part-time workers, both
legal and illegal working in the private sector and in federal,
state and local governments.
Yet
many undocumented workers accept whatever jobs they can get in such
industries as construction, taxi driving or the garment business
out of fear or ignorance.
"When
you’re undocumented, what kind of job can you get? All the jobs
that other people will not do, for less pay," says Naheed Chughtai,
who helps run the Pakistani Community Center in Midwood, Brooklyn,
with her husband, Shafqat Chughtai.
"Anybody
who can’t find a job is willing to work for $150-$200 a week. An
American would get $400 or $450. If an undocumented person goes,
they’re going to offer him $150-$200, because they don’t have a
choice," she says.
|
|
The shopkeeper whose hands are portrayed above said he arrived to
this country legally and the store at which he works employs no
illegal workers. But he, like many people in Little Pakistan, was
reluctant to have his photograph taken.
| The
Fair Labor Standards Act at a Glance |
|
The
Act of 1938 as Amended:
- Requires
employers of covered employees who are not otherwise exempt
to pay these employees a minimum wage of not less than $5.15
and hour.
- Youths
under 20 years of age may be paid a minimum wage of not
less than $4.25 an hour during the first 90 consecutive
calendar days of employemnt.
- Restricts
employers from displacing any employee to hire someone at
the youth minimum wage.
- Employers
may pay employees at a piece –rate basis, as long as they
receive at least the equivalent of the required minimum
hourly wage rate.
- Employers
of tipped employees who customarily receive more than $30
a month in tips may consider the tips as part of their wages,
but must pay a direct wage of at least $2.13 per hour if
they claim a tip.
Source:
Small Business Handbook
|
|