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Click here
for part one
Brooklyn’s
Pakistani community has its share of undocumented immigrants, says
Maqbool Khan, 50, who helps people file out immigration documents
from an office on Coney Island Avenue and has been living here since
1973. Most are documented, he says, but those who aren’t are usually
single men.
Although
community leaders and residents report stories of undocumented workers
being paid less than documented workers for the same job, Jan Khan,
33, says no one without documentation is hired at the Coney Island
Avenue grocery store in which he works.
But
Khan doesn’t know who in the community is there legally and who
is not. "You cannot ask anybody [whether] you have paper [or]
you don’t have, because this is a personal matter," he says.
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"We do not make referrals
to the Immigration and Naturalization Service."
-Betsy
McCormick, New York State Labor Department
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If
immigrants decide to complain to the state’s labor division, they
are not asked to disclose their immigration status, says the labor
division’s McCormick. "We do not make referrals to the Immigration
and Naturalization Service," she says. "An undocumented
worker can come to our offices and lodge a complaint and we’d investigate
it like any other."
For
that reason, the agency has no definitive data on the number of
illegal workers.
Sometimes
it takes a while for immigrants to realize they are being treated
unfairly. Moses Kofi did not file any official complaints after
arriving in New York from Ghana in 1987 on a six-month visitor’s
visa. During that time, he landed a job with a security firm in
Hackensack, NJ, where he made $3.75 an hour – $1.25 less than the
$5 wage paid to legal workers.
"The
only time I felt cheated was when I went to apply for a job that
they would pay the Americans more than they would pay me,"
says Kofi. His weekly paycheck of $120 was barely enough to cover
the $100-per-week rent for his room in a boarding house.
"But,
you know, I had no complaints, because I didn’t have my papers at
that time," he says. "But now I wouldn’t take anything
like that."
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The
Fair Labor Standards Act applies to firms with an annual business
volume of $500,000. Workers at firms with annual returns
less than this amount are not covered.
Domestic
service workers, such as day workers, housekeepers, chauffers,
cooks or full-time babysitters are covered if:
- they
receive at least $1,000 in cash wages from one employer
in a calendar year
- work
a total of more than eight (8) hours in a week for one
or more employers.
Workers
at the following are covered regardless of their dollar volume
of business:
- hospitals
- institutions
primarily engaged in the care of the sick, aged, mentally
ill or disabled who reside on the premises
- schools
for children who are mentally or physically disabled or
gifted
- preschools,
elementary and secondary schools and institutions of higher
education
- federal
state and local government agencies.
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