Obama promotes labor laws to immigrants before they arrive
By SEAN HIGGINS (@SEANGHIGGINS)
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9/22/15 12:01 AM
The Labor Department has now signed agreements with 11 mostly Latin American countries to teach immigrants from those countries about U.S. labor laws and how to invoke them, part of a broader effort by the Obama administration ensure immigrants are well-versed in those laws before they leave home, and after they arrive.
The educational effort does not distinguish between legal and illegal immigrants, and includes lessons on people's right to join a union.
The most recent agreements were signed with the Philippines on Sept. 15. The Labor Department also has similar deals with Belize, Costa Rica, the Dominican Republic, Ecuador, El Salvador, Guatemala, Honduras, Mexico, Nicaragua and Peru.
All call upon the U.S. and the other country "to establish programs of cooperation to educate and inform the (foreign) workers and their employers in the United States as to their respective workplace rights and responsibilities." Specifically, they call on both countries to educate the workers on U.S. "wage and hour laws and regulations" both "prior to and after their arrival in the United States."
"All workers in the United States, regardless of their immigration status, have the right to a safe and healthful workplace and full payment of wages earned under federal law. The Consular Partnership Program is collaboration between the Department of Labor and foreign embassies and consulates, and was developed to educate workers and their employers about vital information on lawful payment of wages and workplace safety and health," said Labor Department spokesman Jason Surbey.
Surbey said the collaborations with foreign counsulates began in 2002, indicating it predated the current administration. However, all of the 11 agreements between the foreign consulates and the Labor Department agencies were signed between 2011 and 2015.
The bilateral cooperation includes translating and disseminating information on the U.S. laws through print and electronic media as well as partnerships with "faith- and community-based organizations." The latter terms are not defined in the agreements, so it is not clear who precisely would qualify. Several labor unions have sponsored "worker centers," non-profit groups that assist non-union workers. Surbey did not respond to a question on whether any labor groups were partners in the outreach programs.
There was no official announcement of the agreement with the Philippines last week. In a November press release announcing the agreements with Mexico and four other Latin American countries, Labor Secretary Thomas Perez said, "All workers have a right to a safe workplace and fair payment of wages. Today's ceremony reaffirms our shared commitment to making sure that workers from these nations are able to exercise their rights."
The agreements are a tricky issue for business groups. Spokespeople for several trade associations declined to comment on the agreements to the Washington Examiner, not wanting to be seen as critical of workplace laws.
The federal government has said laws like the National Labor Relations Act and the Occuptational Health and Safety Act apply even when the workers are illegal immigrants. However, immigration law requires employers fire workers who are not legal residents. As a result, it often difficult for federal law enforcement agencies to pursue cases against employers of illegal aliens
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The agreements attempt to address that situation. All of the agreements state that the foreign country and its consulates will assist workers "following their return" to their native countries in helping to mount "an enforcement action against an employer" in the United States. This would presumably apply to people who are deported.
Other federal agencies have pursued similar agreements with foreign countries. The National Labor Relations Board has agreements with Mexico, the Philippines and Eucador.
Historically, labor unions opposed immigration, seeing them an unfair low-wage competition for U.S. workers. That has changed in recent decades though as unions have had success organizing immigrant-heavy industries, such as the service sector. Groups like the AFL-CIO now back comprehensive immigration reform.
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