Working on Faith A Faithful Response to Worker Abuse in New Orleans Acknowledgements

This work was made possible through a joint grant of the Rights in Humanitarian Crises and Economic Justice programs of the Unitarian Universalist Service Committee (UUSC). UUSC is a human rights organization with a commitment to responding to disasters and economic crises. This report was also funded in part by the Annie E. Casey Foundation. We thank them for their support but acknowledge that the findings and conclusions presented in this report are those of the authors alone, and do not necessarily represent the opinions of the Foundation. Support for this project also came from Church World Service and the Interdenominational Theological Center.

Principal Author and Researcher: Ted Smukler Preface: Kim Bobo Voices of Faith: Rev. Osagyefo Uhuru Sekou Graphic Design: Jana Winch Research Assistance: Hollen Reischer, Jose Oliva Content Review and Edits: Elisabeth Solomon, Hollen Reischer, Kim Bobo, Cynthia Brooke, Rabbi Robert Marx, Bill Lucy, Charese Jordan, Vernal Coleman Table of Contents

Preface...... 2

Executive Summary...... 3

DOL Fails Workers...... 4

Lorenzo’s Story...... 6

Working on Faith: Workers and the Larger Context...... 7

Insuring Worker Abuse...... 8

Bearing Witness for Workers’ Rights...... 10

IWJ’s Survey Results Support Other Findings...... 11

How Has the U.S. Department of Labor Responded to the Crisis?...... 12

DOL – Measures of Decline...... 14

Immigrant Workers: The View from the IWJ Network of Workers’ Centers...... 16

Ideology Trumps Faithfulness...... 18

Call to Action...... 19

Voices of Faith...... 21

Appendices Gulf Coast Commission on Reconstruction Equity Members . . 24

IWJ New Orleans Summer Interns...... 25

IWJ Network of Workers’ Centers...... 25

End Notes...... 26

IWJ Board of Directors...... inside back cover Contents Working on Faith: A Faithful Response to Worker Abuse in New Orleans

Preface obligations and federal and state labor laws, it is the job of the federal When Hurricane Katrina battered New government, through the U.S. Orleans in August of 2005 and thousands Department of Labor (DOL), to protect were left stranded in the city, the winds the most vulnerable workers. exposed New Orleans’ twin plagues of poverty and racism. While large IWJ has long supported a strong and contractors reaped substantial profits effective U.S. Department of Labor. Over from disaster relief and rebuilding, the years, IWJ advocated and engaged thousands struggled without jobs or in in partnerships with the DOL. IWJ jobs that paid poverty wages. Our moral developed congregational bulletin inserts conscience cries out against such abuses. on worker rights, training manuals for advocates, poultry workers’ rights The clean-up and rebuilding process in materials, and local community alliances New Orleans offered the opportunity and workers’ centers that assist workers to change New Orleans – not to rebuild in filing complaints. it like it had been, but to reform and renew this unique city on a foundation New Orleans is the face of preventable of justice. Specifically, federal and local exploitation. As this report illustrates, officials could have collaborated with the DOL has been ill-equipped to deal the faith community, labor unions and with the scale and spread of employer community organizers to promote a high lawlessness that has overtaken the Gulf wage/good jobs strategy to transform Coast. Therefore, IWJ is creating the and remake the political and moral Interfaith Worker Justice Center of New economy of New Orleans and the Gulf Orleans (IWJ-NOLA) with the mission Coast. From a city that had been near the to respect work, rebuild community bottom of the nation in economic, crime and restore hope. In tandem with the and educational indicators, New Orleans religious community and allies from could have become a national model organized labor, IWJ calls on the DOL to for eliminating poverty and reducing collaborate with IWJ-NOLA to empower endemic racism. workers, promote fair and legal labor You shall not practices, and work for good jobs for all But to date, rebuilding and workers, including those who have not withhold the reconstruction efforts have offered been able to return to their city. wages of the only old patterns of injustice – a few well-connected contractors receiving The limitations of labor law enforcement poor and needy enormous contracts, while workers are are national in scope. While IWJ has laborers. paid a pittance and labor violations run maintained open and positive relations rampant. Poverty and racism are being with the administrators and workers at –Deuteronomy reinforced, not challenged. the DOL over the past decade, we call 24:14 on Congress and the administration The treatment of workers should reflect to revitalize the DOL and rethink its moral values. As children of God, mission on behalf of workers. Finally, IWJ everyone is entitled to a just wage and challenges faith communities to join in dignity in their labor. These values are the effort to serve the needs of vulnerable reflected in the mission and programs of workers. All religions believe in justice Interfaith Worker Justice (IWJ). and must bring that belief to action.

Though unions have been successful in Kim Bobo, Executive Director, the past at enforcing both contractual Interfaith Worker Justice

 Interfaith Worker Justice

Working on Faith: Executive an office for workers to come forward is Summary ludicrous. The enforcement mechanisms of the DOL are wholly ineffective Interfaith Worker Justice (IWJ) surveyed given the scale of the catastrophe and and interviewed 218 workers in New the largely unregulated and lawless Orleans during the summer of 2006, employment markets of New Orleans. on the approach to the anniversary of In many instances, organized labor has Hurricane Katrina. The survey results been the driving force in bringing cases indicate that workers of all races have of worker abuse to the attention of the experienced abuses of fundamental DOL. However, the inadequate protection rights, including not receiving wages for of workers’ rights is certainly not a new their work and non-payment of overtime situation in New Orleans or throughout (wage theft), exposure to toxins without the south, a region that has historically proper safety training or equipment, been aggressively non-union and so workplace injuries without workers’ lacks a major partner with the DOL in compensation, and discrimination. enforcing the Fair Labor Standards Act Key results include: and Occupational Safety and Health • 47 percent of workers reported Act. However, the post-Katrina period not receiving all the pay they were has magnified the problem through the entitled to while working in New displacement of hundreds of thousands of Orleans since Katrina. residents and the influx of thousands of • 55 percent said they received no immigrant workers. overtime pay for hours worked The decline of the DOL’s enforcement beyond 40 per week. capacity is not merely a question of • 58 percent stated they were exposed incapacity to deal with a crisis of the to dangerous substances at work magnitude of the Gulf Coast hurricanes such as mold, contaminated water of 2005, but is national in scope. In and asbestos. numerous studies, enforcement capacity at • Workers were unaware that the Men shall have the DOL has been steadily declining since U.S. Department of Labor was an the late1970s. the benefit of agency charged with protecting what they earn, their rights. Not one worker Interfaith Worker Justice organized mentioned the DOL as either a the Gulf Coast Commission on and women source of information about worker Reconstruction Equity (GCCRE) and has shall have the rights or as an agency to which one engaged the religious community in a could file complaints. discussion of how New Orleans should be benefit of what rebuilt with moral and faithful integrity. The vast majority of workers do not IWJ is launching the Interfaith Worker they earn. know who to turn to when their rights Justice Center of New Orleans (IWJ- are violated. Yet the DOL’s enforcement –Qur’an 4:32 NOLA) to spearhead these efforts, which model is based primarily on individuals are summarized in the Call to Action coming forward with complaints, rather (which concludes this report): than investigations that target industries and employers known to be hotbeds of 1. Congress should strengthen and labor abuse. If workers don’t know where expand the U.S. Department of to turn, and many (36 percent in the IWJ Labor, especially the Wage and survey) feel unsafe taking any complaint Hour Division and the Occupational to a government office, then waiting in Safety and Health Administration,

 Working on Faith: A Faithful Response to Worker Abuse in New Orleans

to protect workers and prosecute include building trades, health care, companies that routinely violate the and services, and workers’ right law. (More detailed proposals are to organize must be bolstered and included in the Call to Action). protected. • Targeted Investments in High 2. The Department of Labor Road, High Wage Sector Programs: should expand its education and Policy makers should support enforcement activities in the Gulf partnerships among employers, Coast without robbing other regions unions, religious and community of needed staff. The DOL should: groups to implement industry- • Budget for more investigators in focused investments that address the New Orleans office and other specific workforce and economic regional offices. development needs, in sectors of • Be transparent in all its operations, the economy that can support high through open sharing of wage jobs. information, including the status of investigations and resource needs, These are steps toward a renewed New with strategic partners, including Orleans and a new Gulf Coast that IWJ-NOLA. can be a pillar of good jobs and fair • Create a Community and Faith- and equitable social standards. Those based Task Force in New Orleans displaced by Hurricane Katrina must with faith groups, unions and other have a meaningful path to return if worker rights advocates to end they choose to do so, with decent labor abuses. and affordable housing, good schools • Partner with the Interfaith Worker and healthcare and the opportunity Justice Center of New Orleans, to contribute in a democratic society. which collaborates with both the These goals are part of IWJ’s faithful Hear this labor and the religious community commitment to a just rebuilding of the to provide a safe space for workers region. Through the life of IWJ-NOLA, now, O foolish to learn about their rights and take IWJ will continue to engage in the rebirth people, without action to improve conditions. of the region and the ongoing monitoring and critique of the rebuilding process. understanding, Another series of action steps are needed beyond labor law enforcement – a who have eyes strategy of long-term investment that DOL Fails Workers creates family-sustaining jobs. These and see not, and In the immediate aftermath of Hurricane efforts should include: who have ears Katrina, clean-up and re-construction • Quality jobs: Regulations that contracts worth hundreds of millions and hear not. tie use of public dollars to of dollars were awarded to well-placed –Jeremiah 5:21 requirements that insure quality firms by the Federal Emergency jobs, with living wages, health and Management Administration (FEMA), retirement benefits. the Army Corps of Engineers and other • Workforce Development: Louisiana federal agencies. But the daily work should use federal resources to of rebuilding New Orleans and other create and train people for good ravaged Gulf Coast communities fell on and sustainable jobs. Unions should the backs of ordinary people. With over be supported in efforts to train a quarter of a million residents displaced workers for vital industries that and many neighborhoods shattered, those who were able to remain or return

 Interfaith Worker Justice from evacuation were joined by new in the area have experienced abuses immigrants to the area, mainly Latino, of fundamental rights, including not who came after hearing of decent paying receiving wages for their work and What is the U.S. Department jobs for people willing to work hard. non-payment of overtime (wage theft), of Labor’s Stated Mission? They faced widespread labor abuses from exposure to toxins without proper safety employers seemingly unencumbered by training or equipment, workplace injuries “The Department of Labor fosters legal restraints. without workers’ compensation, and and promotes the welfare of discrimination. the job seekers, wage earners, The failure of the DOL to establish that and retirees of the United States labor laws must be obeyed is particularly The vast majority of workers do not by improving their working shocking in the aftermath of Hurricane know who to turn to when their rights conditions, advancing their Katrina. The vast majority of clean-up are violated. Yet the DOL’s enforcement opportunities for profitable and rebuilding work has been funded model is based primarily on individuals employment, protecting their through large U.S. government contracts. coming forward with complaints, rather retirement and health care Taxpayer dollars are going to businesses than investigations that target industries benefits, helping employers that routinely violate basic labor and and employers known to be hotbeds of find workers, strengthening free 1 employment law. labor abuse. Employers have learned that collective bargaining, and tracking the savings achieved through violating changes in employment, prices, The mandate of the DOL is to monitor labor law far exceed the costs. In fact, the and other national economic and protect the basic rights of workers only consequence that an employer may measurements. In carrying out in the U.S. The DOL’s Wage and Hour face for failure to pay legal wages is an this mission, the Department Division (WHD) is responsible for order to “make the worker whole” – to administers a variety of Federal enforcing minimum wages (or prevailing pay all back wages owed, without facing labor laws including those that wages for federally-funded contracts), the any interest, fines or penalties. guarantee workers’ rights to safe right to be paid for all hours of work at and healthful working conditions; a rate stipulated before work has started, In the aftermath of Hurricane Katrina, a minimum hourly wage and and overtime pay regulations. OSHA, decisions by the Bush administration overtime pay; freedom from the DOL’s Occupational Safety and to suspend and/or ignore employment employment discrimination; Health Administration, has jurisdiction and labor laws and standards for federal unemployment insurance; and over regulations to protect against contractors gave a signal to employers other income support.”2 unsafe working conditions, which that worker rights could be violated include requirements that employers with impunity. As with the failure of the provide proper safety equipment and levees in New Orleans to protect the city’s training on hazards. The DOL’s Office residents, the failure to protect workers is of Federal Contract Compliance the result of pre-Katrina trends that have Programs (OFCCP) is accountable for left the DOL in a weakened position. The ensuring affirmative action reporting long-term trend, predating the current requirements are met by federal administration, is the decline of funding contractors, and ensuring compliance and staffing at the DOL in relation to the with all federal affirmative action and growing size of the American workforce. anti-discrimination laws. Added to this is the ideologically driven direction of the current administration, Interfaith Worker Justice surveyed and which favors voluntary compliance interviewed 218 workers in New Orleans rather than mandatory measures to get during the summer of 2006 as part of its employers to obey the law. The result is New Orleans Worker Justice Summer that private organizations and advocates, internship for religious students. The with limited staff and resources, have survey results indicate that workers been left to assist workers in the vacuum of all major racial groups represented created by the DOL’s toothless measures.

 Working on Faith: A Faithful Response to Worker Abuse in New Orleans

Lorenzo’s Story IWJ New Orleans Worker Justice Summer interns this guy would pay, so I didn’t want to miss the drafted a Louisiana Workers’ Rights Manual in chance to make some money.” He was paid $300 the summer of 2006. Lorenzo, a man in his mid cash for the job, off the books. The rate did not twenties, was particularly interested in the include time and a half for overtime – Lorenzo information about OSHA standards when he met was paid a flat rate. IWJ interns at a Honduran eatery that serves as a popular gathering spot for Honduran workers. The fiberglass job ended more than a month The tissue on the inside corner of Lorenzo’s eyes before the conversation at the restaurant, and was very red and swollen, extending out toward despite the constant eye irritation that made his nose. blinking painful, Lorenzo had not seen a doctor. In addition to laboring under unsafe conditions, his Lorenzo said that his eye problems were the employer did not provide workers’ compensation. result of handling fiberglass insulation without Since Katrina, medical care is scarce in New protective goggles. He and his coworkers Orleans, and without workers’ compensation or installed rolls of pink fiberglass in tight spaces health insurance, Lorenzo would have to pay for without the benefit of any protective equipment, any care received. But Lorenzo ‘s main reason for making it impossible to keep the material out lack of treatment was fear of losing a day’s pay. of their eyes, noses and mouths. Because of “I’m making money now at another job, so I can’t the mid-summer heat that built up in these take time off.” unventilated areas, Lorenzo wore short-sleeve shirts. At the end of the first workday, his eyes While billions of federal dollars have been See that you do were stinging, watery and blood-shot, his nose awarded to politically connected contractors to full of irritating pink dust and his skin painfully rebuild the Gulf Coast,3 much of the work on the not look down on itchy. Despite the pain, he returned to the job for ground is done by temporary crews working for one of these little the rest of the week, working virtually non-stop the individual intermediary who hired them, from 6:00 a.m. until 6:00 p.m. each day. often not the actual employer. When IWJ’s staff ones. For I tell you asked Lorenzo if he had considered filing a claim that their angels With rampant wage theft in New Orleans, Lorenzo against the employer, he said, “Well...I don’t think thought he had made a good bargain when he I can. I don’t know how to reach him, and I just in heaven always took the job, since he was fairly certain he would want to get better and forget about it so I can 4 see the face of my be paid. “I had been cheated before, but I heard keep working.” Father in heaven. –Matthew 18:10

 Interfaith Worker Justice

Working on Faith: Workers housing stock and greed. Public housing and the Larger Context is still shuttered, and only a lawsuit is keeping the City from tearing down these All levels of government failed prior to units of low income housing, while no Katrina, during the hurricane and its other affordable housing exists. Most immediate aftermath, and in the nearly homeowners’ property was damaged 18 months that followed. This report or destroyed, depending on where they deals with the explicit acts of government lived and how high the water level rose. which opened up new floodgates of abuse Stagnant water and a slew of toxins have on a city and a region that had already made the viability of the city’s soil, water experienced both a natural and man- and air questionable. Many of the areas’ made disaster. Years before this calamity, professionals, including much of its black the effects of such a storm had been middle class, have been displaced. Most forecast both by independent scientists of the hospitals remain closed. Public and the U.S. Army Corps of Engineers. schools were shut down for the 2005- Yet the loss of wetlands to development 2006 school year, and less than half of and industry, wetlands that served as a the schools opened last fall. Medical natural buffer, continued unabated. It was services and schools are inadequate for well documented that the New Orleans the population living in New Orleans. system of levees was inadequate to hold Churches, synagogues and other places against a direct hit by a Category 3 or of worship have been destroyed. Plans higher storm. Yet there was no will at any drafted for rebuilding New Orleans center level of government to heed the warnings on the downtown business district and of its own advisor, the Army Corps of tourist industries and could result in a city Engineers, and rebuild the levees to that is more white, withstand nature’s inevitable assault. more affluent, and more unequal. And so thousands of lives were lost, mostly the lives of the poor, African This paper deals Americans, the sick and disabled, with one aspect of health care givers who stayed – mainly the crisis – how those who didn’t own a car or have workers are treated. the resources to drive away to safety Interfaith Worker in time. As the federal, state and local Justice makes a government dithered, thousands were series of grounded stranded in hell, living without toilets, recommendations food or medicine at the Superdome or that addresses the under highway overpasses. And the city, immediate crisis as it had been, was destroyed. caused by existing employment and labor laws going unenforced, and calls for a Nearly one-quarter of a million New strategy to use government funding to Orleans residents, predominantly create a high-wage, good-jobs economy. African American, are still exiled from This analysis covers only a small section their home. Some have established new of the elephant. IWJ welcomes partnering roots in new communities, while many with other organizations and faith want to go home. But what is there to go institutions that are fighting for good home to? Those who were renters now housing, education, health, and other find a city in which rents have doubled priorities needed to rebuild the Gulf and tripled – the effects of diminished Coast with justice and equity.

 Working on Faith: A Faithful Response to Worker Abuse in New Orleans

Insuring Worker Abuse January 25, 2006 OSHA announced that it would resume enforcement Within days of Hurricane Katrina, – except in seven of the hardest hit President George W. Bush began issuing parishes, including New Orleans and what would become a series of executive surrounding areas.5 orders affecting the rebuilding of the Gulf Coast. A generous interpretation is 2. September 6, 2005: Suspension of that the government wanted flexibility to Requirement to Check Documents. deal with the historically unprecedented The Department of Homeland scale of cleanup and reconstruction. Security (DHS) announced it But another message was conveyed to would not sanction Gulf Coast large and small companies that cashed employers, for a period of at least 45 in on the disaster – you can operate days, for hiring workers who could unimpeded. not present documents normally required by federal immigration 1. August 30, 2005: Suspension law.6 This was deemed necessary in of Safety Enforcement. As was light of the destruction of property the case in New York City after and personal effects suffered by the September 11 attacks, OSHA thousands of Gulf Coast residents. enforcement was suspended in However, it also sent a signal to the hurricane-impacted region. contractors, subcontractors and Instead of enforcing health and labor agents, many of whom safety standards, OSHA provided began recruiting and transporting “technical assistance” to employers undocumented workers to the and workers. The DOL posted safety region.7 Many of these workers announcements on its Web site and experienced horrendous living and dropped leaflets at various work working conditions, including wage sites. Meanwhile, clean-up workers theft by employers who would cite handled and inhaled mold, arsenic, lack of identification or other reasons petroleum, asbestos and other for failure to pay for work performed. toxins. Under a normal enforcement Immigrant workers were housed in protocol, employers would be fined deplorable conditions in barracks, God hates those for failure to provide appropriate camps, makeshift shelters in who say one thing safety training (which must be cardboard boxes or abandoned cars. provided in a language that workers DHS reversed its earlier decision in the mouth and understand) and for not providing on employer responsibility to check 8 another thing by necessary protective equipment, documents on Oct. 21, 2005. such as respirators and gloves. On their deeds. –Talmud Pes. 113b

 Interfaith Worker Justice

3. September 8, 2005: Prevailing to Katrina exposed the reality of Wage Requirement Suspended. ongoing U.S. racism, as thousands By executive order, President of African American and poor Bush waived the Davis-Bacon Act New Orleans residents were left requirements for areas affected by behind. President Bush used the Hurricane Katrina. Davis Bacon word racism in a speech days mandates that private contractors after the storm hit shore, decrying receiving federal dollars pay at least its existence and vowing to do the prevailing industry wage of the everything it takes to help the region where work takes place. The region recover. One response prevailing wage in Louisiana for that could have linked combating laborers was already a low $9.26 racism with the rebuilding per hour,9 but that standard was no process would have been to award longer the minimum benchmark. contracts to local and minority Contractors were now free to pay the firms wherever feasible. Another federal minimum wage of $5.15 per response would have been to hour (and often less, when engaging follow existing law, which required in wage theft), with no limits on federal contractors to develop and profit-taking. Revoking the law in implement anti-discrimination and the name of a national emergency affirmative action plans. Instead, sent a signal to federal contractors the DOL exempted contractors that they could drive down labor bidding on Gulf Coast work Rabban Simeon, costs in a wide-open “Wild West” from the requirement to submit market. In response, IWJ joined a written affirmative action plan son of Gamliel, with unions, worker advocates and to the OFCCP, ostensibly to allow said, “On three members of the president’s own companies to expedite work without party to pressure for a repeal of the burdensome paperwork. But things the world Davis-Bacon waiver. The White contracts were let quickly, many House rescinded its order, effective with few or no bids, to large military stands: On Justice, November 8, 2005. However, all and disaster recovery contractors on Truth, and of the contracts (including $500 such as Kellogg Brown and Root, million contracts expandable up a subsidiary of Halliburton, and on Peace. When to $1 billion) that were already the Bechtel Group.11 As of October justice is done, awarded remained exempt from 4, 2005, only 1.5 percent of the $1.6 Davis-Bacon requirements.10 billion in Katrina and Hurricane truth is achieved Rita-related contracts let by FEMA and peace is 4. September 9, 2005: Suspension of had gone to minority businesses, well Affirmative Action Requirements. below the already low goal of 5% established.” The immediate federal response 12 required to meet federal standards. –Pirke Avot 1:18, Talmud

 Working on Faith: A Faithful Response to Worker Abuse in New Orleans

Bearing Witness for Workers’ woman caring for her dying mother. The Rights survey was conducted at laundromats, day labor corners, churches and on the street in front of grocery stores and IWJ published an analysis of government pharmacies. contracting and labor conditions in the Gulf Coast on the six-month anniversary Key results include: of Katrina. Among the issues noted on • 47 percent of workers reported the ground was the lack of accountability not receiving all the pay they were caused by the use of many layers of entitled to while working in New subcontractors, resulting in workers Orleans since Katrina. such as Lorenzo not knowing who they • 55 percent said they received no worked for and leaving them no recourse overtime pay for hours worked if they had been cheated out of their beyond 40 hours per week. wages or experienced other employment • Most of the participants who said or labor law abuses.13 that they received overtime were not compensated at time and a half, As part of IWJ’s New Orleans Worker the amount mandated by federal Justice Summer internship, six interns law for hourly employees working and their supervisor conducted a survey more than 40 hours per week. of 218 workers in New Orleans in July Only 21 percent of those saying and August of 2006.14 The purpose of the they received overtime were able to survey was to understand labor abuses indicate they received time and a and the extent to which workers in New half, representing just nine percent Orleans were aware of the DOL or other of all respondents. resources they could utilize to protect • 58 percent said they had been their rights. exposed to dangerous substances at work such as mold, contaminated The survey provides a broad picture of water or asbestos. workers in New Orleans today. Forty- And what does • 42 percent believed they had been nine percent of respondents were African unfairly fired or disciplined. the Lord require American, 41 percent Latino, and 11 • 29 percent believed they had been percent white (numbers have been of you? To act the victim of discrimination at rounded). In addition to clean-up and work. justly and to construction workers, participants in the • Yet only 11 respondents, .05 survey included retail and hospitality love mercy and percent, filed any complaint about employees, cooks, drivers, social service labor abuses. to walk humbly workers, day laborers, home health • While 42 percent responded that care workers, a church secretary, bank they had seen or heard information with your God. tellers, accountants, cleaners, painters, about what to do if abused at demolition workers, landscapers, security –Micah 6:7-9 work, not one worker mentioned guards, janitors, a court reporter and a the DOL as either the source of

10 Interfaith Worker Justice

information or as an agency at The report documents the “actions and which one could file complaints. inactions” of public officials and private Wendy’s Story Rather, typical responses to the businesses in shaping a system that question of where one should go has excluded African Americans from Wendy, an African American with a complaint included to the participating in the rebuilding, exploited woman in her late thirties, boss, to the employee manual Latino workers and incited divisions worked as a housekeeper at a or, (for fortunate workers), file a between communities of color in the nursing home in St. Bernard grievance with their union. The interests of maximizing profits.15 Parish. IWJ interns met her at a total lack of knowledge about the laundromat in Gentilly, a New DOL was even more surprising Another collaborative study, “Rebuilding Orleans neighborhood that, as of since these questions followed After Katrina,” was published by the the summer of 2006, remained immediately in the survey after International Human Rights Law mostly uninhabited, with piles those asking whether they had ever Clinic, the Human Rights Center of the of rubble everywhere. Wendy heard of the U.S. Department of University of California Berkley and worked full-time – most weeks Labor or OSHA. the Payson Center for International went well beyond 40 hours. Her • 36 percent said they felt unsafe Development and Technology Transfer. employer said that everyone had filing a complaint with a Based on a random sample of 212 New to make sacrifices since things government agency. Orleans workers in the construction were hard after the hurricane. industry and other measures, the “He told me the nursing home IWJ’s Survey Results Support following data was cited: would not be paying overtime • Nearly half of the reconstruction because after Katrina they were Other Findings workforce was Latino; 54 percent on a very tight budget. ‘If we of the Latinos workers were started paying overtime we’d IWJ’s findings are in line with those undocumented. have to lay people off or cut of several recently published studies • 29 percent reported working with their salaries. You know your pay that paint a stark picture of workers’ harmful substances; 27 percent in is a lot better than it could be.’ ”17 lives in New Orleans since Katrina. dangerous conditions. While Wendy was forced to “And Injustice For All” is the product • 34 percent of undocumented listen to the hard luck story of her of a collaborative study conducted by workers, compared to 16 percent of boss, the reality is the nursing the Advancement Project, National documented, reported being paid home violated the law which Immigration Law Center and New less than what they were owed. mandates time and a half pay for Orleans Worker Justice Project. A team • Only 29 percent of workers who all hours beyond 40 per week. of law students and other volunteers worked more than 40 hours per interviewed more than 700 workers, week reported receiving overtime including many displaced to other cities. pay.16

Come unto me all who labor and are heavy burdened, and I will give you rest. –Matthew 11:28

11 Working on Faith: A Faithful Response to Worker Abuse in New Orleans

How has the U.S. Department Wage and Hour Division to enforce the of Labor Responded to the FLSA, but given the prevalence of wage theft, non-payment of overtime, and Crisis? other wage violations, the DOL’s capacity was called into question. At a time when The Southern Poverty Law Center the strongest message to employers was (SPLC) filed two lawsuits in February needed that labor law abuses will not be 2006 on behalf of more than 1,700 tolerated, a message that could only be workers. The suit against Belfor USA delivered by targeted investigations and Group, a Michigan-based corporation substantial penalties, the DOL proved that was awarded large private contracts ineffective at best. When announcing to clean and restore 60 Wal-Mart these lawsuits, SPLC decried that the stores, a casino and a university, and DOL and its Occupational Safety and public contracts to restore county office Health Administration (OSHA) were records, alleged that the company used a “woefully under-staffed and under- subcontractor to avoid paying overtime funded,” and that OSHA’s Louisiana to more than 1,000 workers. The suit was office lacked a single Spanish-speaking settled in September 2006 with Belfor investigator.20 agreeing to reimburse unpaid overtime and to ensure that the company and its After Katrina, IWJ created the Gulf Coast subcontractors complied with all facets Commission on Reconstruction Equity 18 of the Fair Labor Standards Act (FLSA). (GCCRE), consisting of religious and LVI Environmental Services, based in labor leaders, workers’ right activists, New York, and contracting experts. Two members was also sued of the GCCRE testified at the federal for allowing a Acquisition Advisory Panel about the subcontractor situation in the Gulf Coast and the need to pay no to establish contracting criteria that wages at all to promote local economic development more than 700 and protects workers.21 IWJ and GCCRE workers who also established dialogue with contract cleaned public officers at the Federal Emergency schools in Management Administration (FEMA) 19 New Orleans. and the Army Corps of Engineers (ACE). In discussions with staff at these federal SPLC jumped agencies responsible for letting billions into the lurch with private lawsuits to of dollars of cleanup and rebuilding enforce the FLSA. It is the job of the DOL contracts, the federal officials claimed

12 Interfaith Worker Justice they had no legal jurisdiction over the from other offices being rotated in to labor practices of sub-sub contractors complement the existing personnel. below the prime contractors who received the awards. Both ACE and IWJ leadership found the DOL’s FEMA pointed to the DOL as the agency responses wholly inadequate to deal with Suzanne’s Story that should be handling these concerns. the magnitude of worker abuses in the Gulf Coast. In July of 2006, IWJ filed Suzanne, an African American Coordination was supposed to take Freedom of Information ACT (FOIA) woman, worked for a place under the aegis of the Gulf Coast requests with OSHA and the Wage and concessions vendor at the Recovery and Rebuilding Council, Hour Division (WHD) to ascertain Superdome before Katrina. She reporting directly to the President. The staffing levels, enforcement policies and never received her final three Council included FEMA, ACE, the investigation results in New Orleans weeks’ pay. After the storm, she DOL and all other federal agencies that in the years prior to and following returned to the Superdome to had a role in the rebuilding effort. But Hurricane Katrina. OSHA acknowledged provide whatever help she could a government that had been starved receipt of the FOIA but never responded. to the desperate and stranded. by years of budget cuts and tax cuts, WHD responded but withheld most Suzanne was told that she and which privatized many of the information on dubious grounds. For would be paid for her service, basic public functions of disaster relief, example, IWJ requested documents but has received nothing. IWJ was not up to the job of coordination. providing WHD policies and procedures interns met her at the St. Jude Billions of dollars in contracts would be regarding enforcement activities at work Community Center, a homeless let to known labor law violators, and the sites that are not the result of individual shelter, where IWJ was holding DOL was left responsible for policing the complaints. But the DOL FOIA officer a workers’ rights workshop. ensuing chaos.22 denied any information on department Suzanne was homeless.25 policies, saying that providing this IWJ and other advocacy organizations information could compromise law participated in a meeting with DOL enforcement.24 Wage and Hour Administrator Alfred Robinson in February 2006. Even though But the DOL did report on staffing and a set of questions was provided to the numbers of investigations conducted DOL in advance, including questions by its New Orleans WHD office, by about DOL staffing levels in the Gulf claiming that five WHD investigators Coast, none were answered at the staffed New Orleans prior to Katrina, February meeting.23 WHD administrators and five staff worked after the hurricane. Alex Pasantino from Washington D.C. According to the FOIA response, and Barbara Hicks from New Orleans sometime after Katrina two additional attended the IWJ Board and GCCRE part-time investigators were rotated in meeting held in New Orleans on April 3, to New Orleans from other WHD offices 2006. They stated that the staffing level on a two-week basis. But the number of for New Orleans was adequate, with staff concluded investigations of wage and

13 Working on Faith: A Faithful Response to Worker Abuse in New Orleans

hour complaints decreased from 70 in DOL investigative and enforcement the year preceding Katrina to 44 in the capacity has declined significantly since year after Katrina, a 37 percent drop.27 the mid-1970s.28 This is surprising. More cases should Juan’s Story have been pursued, not less, given the The Brennan Center for Justice issued a widely reported and acknowledged extent short paper in 2005 documenting trends Another member of the walking of post-Katrina abuses and the changes in WHD enforcement between 1975- wounded, Juan was notably in the labor force in New Orleans. 2004, based on data received from the limping and grimacing when Forty-four cases is a drop in the bucket, DOL through a Freedom of Information IWJ interns met him at the hardly a deterrent in a labor market in Act request. Key findings showed that day labor corner by the Shell which employers are willing to commit between 1975-2004: station on St. Claude Ave. He wage theft and fraud and the majority • The number of WHD investigators hurt his knee on a demolition of workers work more than forty hours dropped by 14 percent. job. Standing and walking were without receiving overtime pay. But it is • The number of compliance actions both painful tasks, but even so not surprising when one looks at both (an indicator of the number of he stood waiting for the next car the long term and recent decline in the businesses investigated) declined 36 to pull up that might mean work national capacity of the Department of percent. for the day. Juan had no idea Labor to pursue its vital calling to defend • The number of workers due to what his rights were concerning the rights of American workers. receive back wages fell 24 percent. work place injuries, and no plan except to continue working.26 During this same period, the workforce DOL – Measures of Decline in the U.S. covered by the Fair Labor Standards Act grew dramatically – a 55 The Department of Labor has historically percent increase in workers and a 112 received bipartisan support. The Bureau percent jump in covered establishments.29 of Labor, which was the predecessor to WHD capacity shrank while its scope the modern DOL, was created in 1884 of coverage or potential “caseload” under Republican President Chester exploded. Arthur, while the current cabinet- level department was established In an earlier study, Howard Wial of in 1913 under Democrat Woodrow the Keystone Research Center wrote Wilson. The Occupational Health and of the DOL WHD, “The resources of Safety Administration (OSHA) was the Department’s enforcement arm created as a division within the DOL have diminished over time, whether in 1970, an initiative of the Nixon measured by inflation-adjusted budgets, administration. The problems of the DOL the number of its investigators, or the also span Democratic and Republican number of enforcement actions it has administrations. By various measures,

14 Interfaith Worker Justice taken.” Between 1979-1998, WHD’s transparent. Unions, contractors, other budget in constant dollars had gone federal agencies and employees have down seven percent, the number of complained that prevailing wages compliance actions had fallen 32 percent may not accurately reflect local wage and the number of investigators dropped conditions. The GAO also found that 13 percent. Again this was occurring in WHD “may be overlooking some… a backdrop of rising numbers of workers violators and industries that need further and businesses.30 enforcement.33

OSHA fared no better. Between 1977- A major issue in today’s labor markets 2006, inflation-adjusted annual spending is the misclassification of at OSHA declined from $2 to $1.6 per employees as independent capita, a 25 percent decrease.31 contractors, allowing workers to fall outside the protections Another measure to examine the DOL’s of the Fair Labor Standards capacity over time is the total agency’s Act, be liable for higher levels full-time staff per million people in the of taxation and ineligible for population. Just as in the spending per employee benefits. Another capita data for OSHA, this takes into recent GAO report found account the growth in the number of that DOL investigators often people protected by the DOL. Between avoid looking at this issue, 1975-2003, there was a decline of 18 since misclassification is not a percent in full time staff at the DOL.32 direct violation of the FSLA. “…But (misclassification) The DOL mechanisms for setting may contribute to FSLA prevailing wages have come under minimum wage and overtime scrutiny and criticism by the non- violations or violations of tax, partisan U.S. Government Accountability workers’ compensation, or Office (GAO), the investigative arm of unemployment insurance laws.”34 Congress. GAO recently found that the DOL’s The GAO found that the Wage & Hour OSHA strategy to protect workers’ safety Division (WHD), which determines needs to be reviewed, suggesting that prevailing wages in a region, does OSHA is one of a small number of federal not include a description of its agencies needing oversight by the newly methodology, leaving its methods non- elected 110th Congress.35

15 Working on Faith: A Faithful Response to Worker Abuse in New Orleans

Immigrant Workers: The View large numbers of immigrant workers from the IWJ Network of often threaten to call immigration authorities when workers try to organize Workers’ Centers a union or complain about conditions.

The DOL has traditionally defended There have been instances in which the the rights of workers in the United federal government contributed to the States regardless of immigration status. fear within immigrant communities While debate rages today about how to of contacting government agencies to respond to the influx of immigrants in address issues of worker rights abuse. On the American workforce, the DOL has July 6, 2005, Immigration & Customs not changed its public commitment to Enforcement (ICE) agents posing as upholding wage and hour and health OSHA inspectors arrested and detained and safety laws for all workers, including over four dozen construction workers requirements that employers provide at a North Carolina Air Force base, workers’ compensation, overtime pay placing more than 20 in deportation scales, prevailing wages on federal proceedings. Flyers had been passed out contracts, compensation at or above to these workers in English and Spanish, minimum wage, and proper safety printed on OSHA letterhead, telling them equipment and training. In addition, to attend a mandatory health and safety the National meeting. While the DOL and OSHA Labor Relations decried this raid, a message was sent that Board does not immigrants might not be safe in bringing distinguish between complaints to the U.S. Department of undocumented Labor.36 37 workers and others when determining Workers’ Centers that are part of the IWJ workers’ eligibility network experience constant roadblocks for union when attempting to work with the DOL membership or to enforce labor laws, roadblocks that are whether labor rights often the result of a passive complaint- have been violated in driven approach rather than a policy the course of a union organizing drive or of targeted investigations of hot spot contract campaign. When these rights are industries and employers.38 The Workers eroded for some workers, standards for Defense Project of Austin, Texas asked all workers are eroded. the DOL to investigate unpaid wages at a restaurant. The DOL refused to However, immigrant workers are often investigate, saying the establishment fell much more vulnerable to workplace below the threshold for investigation in abuses than others. Employers who hire both number of employees and in annual

16 Interfaith Worker Justice revenue. The DOL accurately followed Center in Milwaukee, Wisconsin. its own law and procedures. But the “Workers here are often contacted and restaurant was part of a national chain, ‘employed’ by one individual, and may and workers felt that the DOL could not know who the company they work be flexible and respond, at minimum, for is. These workers are overworked, with appropriate referrals. Receiving no underpaid, denied overtime pay and help from the DOL while hearing about tossed aside once injured. It is not recent ICE raids in Texas, immigrant uncommon for employers to respond to workers have become fearful of filing a workers’ requests for their paychecks by complaint or seeking assistance from any saying, ‘I’ll pay you when I’m able. And government agency.39 if you say anything to anyone, I’ll report you to immigration.’ Workers who are There are only two DOL investigators trying to form a union have become in the Cincinnati, Ohio area, neither much more fearful after ICE raids and bilingual. ICE raids have emboldened employer threats to call ICE.”41 employers to violate rights. The Cincinnati Workers’ Center has received The Chicago Interfaith Workers’ Center an escalating number of complaints reports similar abuses. One employer from workers. A home construction firm denied workers their paychecks, threatened workers that it will call ICE if forced them to work 75 hours or more they file any complaints with the DOL.40 without overtime pay, provided no safety equipment, threatened to call “A good percentage of our cases come immigration authorities, from Latino immigrants who work for and fired workers who medium and large companies,” said Jean complained.42 Geraci of Voces de la Frontera Workers’

17 Working on Faith: A Faithful Response to Worker Abuse in New Orleans

Ideology Trumps Faithfulness enforcement work, and I would continue to emphasize that aspect of the agency’s 43 A traditional Chamber of Commerce operations” (emphasis added). DeCamp position is that government regulations was later appointed by President Bush as are bad for business (and for workers). a recess appointee, and was thus able to Advocates of this viewpoint hold that bypass Senate confirmation. government should work with business through voluntary compliance programs, During the Clinton Administration, rather than force businesses to comply a U.S. House Subcommittee asked through costly regulations. This position the DOL’s Office of Inspector General remains consistent whether the issue is (OIG) to perform an audit of the DOL’s labor protections or pollution. This is an investigations of Fair Labor Standards ideology that informs the policies and Act abuses. The OIG Inspector General practices of the Bush administration and acknowledged that low-wage workers are has further weakened enforcement of unlikely to file complaints. The report, workers rights. issued in 1997, found that approximately 70 percent of FLSA investigations are in New Wage and Hour Division response to individual complaints, while Administrator Paul DeCamp made clear 30% target employers chosen at random that the primary tool in his enforcement from industries in which there was a arsenal would be complaint-driven history of past problems. rather than targeted investigations. In Fast forwarding, the 2008 DOL budget Woe to those that response to questions submitted by the Senate minority during his confirmation request for Wage and Hour enforcement deal in fraud. process, DeCamp stated, “Wage and seeks $118,153,000 to “Maximize the Impact of Complaint Cases” and Those who when Hour must promptly process and investigate complaints it receives alleging $35,258,000 to “Increase Compliance in they have to violations of the law. That activity Low-Wage Industries.” The budget for accounts for most of Wage and Hour’s targeted investigations has dropped to receive by measure, 23 percent while individual complaints from men exact full measure, but when they have to give by measure, or weight...give less than due. –Qur’an 83:1-3

18 Interfaith Worker Justice now take 77 percent of the budget. Call to Action Thirty five million dollars is expected to enforce wage standards across the Government action can and should entire nation, even while the budget assure that every worker receives fair pay, document acknowledges that it can’t works in a safe environment and has his accurately measure the “impact of known or her rights respected. Interfaith Worker factors, much less anticipate new issues Justice calls upon: that may arise, such as the compliance situation that emerged in the aftermath 1. Congress to strengthen and expand of Hurricanes Katrina and Rita.” The the U.S. Department of Labor, Department also recognizes “a high especially the Wage and Hour correlation between workers’ immigrant Division and the Occupational status and the probability they will be Safety and Health Administration, underpaid….” In industries with high to protect workers and prosecute percentages of immigrant workers, the companies that routinely violate the DOL found that violations of wage and law. Congress must enable the DOL hour laws in companies investigated to: occur in: • Increase the number of • 90% of landscaping companies investigators, including bilingual • 78% of construction companies staff, by 33 percent in OSHA and • 67% of garment contractors WHD divisions. 44 • 63% of agricultural businesses. • Develop a public protocol, including unannounced visits, to Although IWJ believes that businesses enforce wage and hour and health should voluntarily set high standards and safety standards, targeting in their treatment of workers, indeed regions, industries and employers higher than those mandated by statute, with widespread abuses. legal standards must be enforced through • Implement a campaign to inform targeted investigations. Worker Centers’ the public, in all appropriate members and staff in the IWJ network languages, that the DOL enforces attest to the widespread wage theft laws for all workers, regardless of and exploitation of workers occurring worker documentation. throughout this society. Leaving labor • Partner with worker rights And who knows law compliance up to the voluntary advocates and unions to document but that you have goodwill of employers is a recipe for and penalize employers who use greater abuse. The current complaint- threats of immigration enforcement come to (great) based approach and inadequate pursuit to intimidate workers who position for such of targeted investigations is not working complain about labor law abuses. and should be dramatically altered. • Collaborate with the faith a time as this? community to carry out these Employer lawlessness takes place where reforms, especially since low-wage –Esther 4:15 it is allowed to occur. Without effective workers are much more likely to labor law enforcement in New Orleans turn to faith organizations than to and elsewhere, the cost of violating the government. law is miniscule and the gains from depressing labor costs are substantial. 2. The Department of Labor to expand its education and enforcement activities in the Gulf Coast without

19 Working on Faith: A Faithful Response to Worker Abuse in New Orleans

robbing other regions of needed staff. jobs, with living wages, health and The DOL should: retirement benefits. • Budget for more investigators in • Workforce Development: Louisiana the New Orleans office and other and other Gulf Coast states regional offices. should use their federal resources, • Be transparent in all its operations, including the Community through open sharing of Development Block Grant program information, including the status of and Wagner-Peyser Act and investigations and resource needs, Workforce Investment Act dollars with strategic partners, including to create and train people for the Interfaith Worker Justice good and sustainable jobs. Unions Worker Center of New Orleans. should be supported in efforts to • Create a Community and Faith- train workers for vital industries based Task Force in New Orleans that include building trades, health with faith groups, unions and other care, and services. Workers’ right worker rights advocates to end to organize must be bolstered and labor abuses. protected. • Partner with the Interfaith Worker • Targeted Investments in High Justice Worker Center of New Road, High Wage Sector Programs: Orleans, which collaborates with Policy makers should support both the labor and the religious partnerships among employers, community to provide a safe space unions, religious and community for workers to learn about their groups to implement industry- rights and take action to improve focused investments that address conditions. specific workforce and economic development needs, in sectors of In summary, IWJ calls for Congress to the economy that can support high- overhaul the U.S. Department of Labor wage jobs. so that it proactively and powerfully protects workers’ rights; for the DOL These are steps towards a renewed to dramatically increase the scale and New Orleans and a new Gulf Coast scope of its enforcement activities in that can be a pillar of good jobs and New Orleans and the Gulf Coast and fair and equitable social standards. nationwide; and for the DOL to partner Those displaced by Hurricane Katrina with the Interfaith Worker Justice Center must have a meaningful path to return of New Orleans. if they choose to do so, with decent and affordable housing, good schools Another series of action steps is needed and healthcare and the opportunity beyond labor law enforcement – a to contribute in a democratic society. strategy of long-term investment that These goals are part of IWJ’s faithful creates family-sustaining jobs – to commitment to a just rebuilding of the transform New Orleans from a ravaged region. Through the Interfaith Worker community without hope to a revitalized Justice Center of New Orleans (IWJ- metropolis of justice. These efforts should NOLA), IWJ will continue to engage include: in the rebirth of the region and raise a prophetic and critical voice about the • Quality jobs: Regulations should rebuilding process, keeping paramount tie the use of public dollars to the needs of workers. requirements that ensure quality

20 Interfaith Worker Justice

Voices of Faith immigration status. Rev. Valentin cannot ignore what she sees. “I have my hands “All religions believe in justice” has filled with meeting day to day needs, but served as the motto of Interfaith the church must become more involved Worker Justice for more than a decade. in workers’ rights.” IWJ serves in solidarity with faith communities in their commitment to Every night, 20 women and their children living out the justice creeds and prophetic sleep at the shelter run by Our Lady of claims of their texts and traditions. The Guadalupe. They all work every day. “A aftermath of Hurricane Katrina has lot of people are more discouraged than called upon IWJ to join with organized they were a year ago. We thought more labor, community groups, workers would have been accomplished by now,” and faith communities in the historic says Father Anthony Ricoli, O.M. His struggle to ensure a just rebuilding of community center provides counseling New Orleans. IWJ recognizes and lifts up and health care services to a growing faith leaders who are engaged in the daily population of homeless people in the city. work of charity and recovery, but whose Father Ricoli, who is also a professor at convictions also lead toward advocacy Holy Cross College, points out one of his and standing up for workers’ rights. parishioners who paid $800 per month in rent pre-Katrina but now pays $2200 On August 15, 2005, in the post-Katrina unchecked market. Rev. Marta Valentin He contends that this combination of became the newly skyrocketing rents and wage suppression installed pastor of the and theft leads to homelessness. historic First Unitarian Parishioners have shared with him that Universalist Church contractors have been known to leave of New Orleans town before paying workers. “Longtime (UUNO). Two weeks people from the community and new later, the first floor of immigrants are both experiencing the the church, which had same thing – unjust wages,” he decries. been an architectural monument in a city Magnolia Market, located in the Central graced with beauty, was filled with three City area of New Orleans, was a thriving and a half feet of water. Since that time, farmer’s market, pre-Katrina. Long lines Rev. Valentin has marched and protested snake around the corner now, as the on behalf of the vulnerable members of market has become a food and clothing the community. UUNO runs one of the distribution site for Islamic Relief, a largest faith-based volunteer centers in Muslim disaster relief organization. the region. The church encounters Latino The organization has been receiving workers who are lured to New Orleans gifts from all over the Muslim world. with the promise of new opportunities. It provides kitchen and bedroom kits Often they pay fees to unscrupulous to families that lost everything in the contractors and are indebted to them storm. “Over 200 people are served indefinitely. With great frequency, each day at the Magnolia Market,” says undocumented workers are not paid Ruben Vaughan, Director of Missions and fear seeking redress because of their at Islamic Relief. “We mainly serve the

21 Working on Faith: A Faithful Response to Worker Abuse in New Orleans

working poor. People who work everyday Orleans, Rev. Orphe poses a tough and cannot make ends met. Every little question and offers a clear answer: bit helps.” Mr. Vaughan indicated that “Churches must be focused on rebuilding Islamic Relief is transitioning from community.” Rev. Orphe has encouraged disaster recovery to long-term recovery. pastors to study the new post-Katrina He is particularly interested in helping realities in New Orleans and she has those displaced to other cities and the pastors re-developing congregations unemployed return home to employment that respond to community needs. For at living wages. In a determined tone, example, a number of her pastors are Mr. Vaughan noted: “People from New learning to speak Spanish to address Orleans are not being allowed to work in the needs of the increased Spanish- other cities. They should be able to work speaking immigrant population. Equally, They said to and live at home.” she continues to encounter egregious me, “Those who workers’ rights violations. To this end, Rev. Dr. Martha Orphe, a Louisiana one of her churches is focusing on survived the exile native, serves as director of the Louisiana providing help to workers who have been and are back in Mission Zone for the United Methodist abused by employers. Given that all 47 Church (UMC). Rev. Orphe has churches are rebuilding and workers are the province are in witnessed the community ripped apart involved in that process, churches survey by natural disaster and governmental great trouble and contractors to make sure that they are disregard. “How is God calling us to paying fair wages and worker rights are disgrace. The wall rebuild this community through our being honored. Rev. Orphe concludes, “It churches, like Nehemiah at the wall?” is time for our churches to stand up for of Jerusalem is Rev. Orphe asks. With 47 UMC churches workers.” broken down, and damaged by Katrina and Rita in New its gates have been burned with fire.” When I heard these things, I sat down and wept. For some days I mourned Then I said to them, “You see the trouble we are and fasted and in: Jerusalem lies in ruins, and its gates have been prayed before the burned with fire. Come, let us rebuild the wall of God of heaven. Jerusalem, and we will no longer be in disgrace.” –Nehemiah 1:3-4 –Nehemiah 2:17

22 Interfaith Worker Justice

These tragic but uplifting stories serve For more information please contact: as the narrative that has become the Abigail Thornton, Organizer, IWJ-NOLA Interfaith Worker Justice Center of [email protected] New Orleans. Rev. Orphe and Rev. Valentin serve on the Advisory Board Interfaith Worker Justice Center of IWJ-NOLA. They are committed to of New Orleans (IWJ-NOLA) treating people’s needs as holy. As this 3500 Canal Street report documents, the U.S. Department New Orleans, LA 70119 of Labor has failed to protect workers (504) 309-1776 and enforce basic labor employment standards. These faith leaders have Ted Smukler, Director of Public Policy responded to such failure by meeting Interfaith Worker Justice the needs of the people, serving the [email protected] vulnerable and working to call the (773) 728-8400, ext. 39 government into account.

With this faith, the work of IWJ-NOLA shall include conducting workers’ rights trainings throughout the city; filing wage recovery complaints with the federal government on the behalf of workers; offering G.E.D. and ESL classes; and above all remaining faithful to working towards a just rebuilding of New Orleans.

23

Southern University New Orleans Center, Law Poverty Loyola Clinic, of the Law Director Bill Quigley, and Project American Leadership African Manager, Mtangulizi Sanyika, Project of the Millions More Committee Organization Ward New Orleans Co-Convener, Movement and University Forest Wake Distinguished Chair in Law, University Sidney Shapiro, Reform Progressive for Center Member Scholar, Damen Hewitt, Assistant Counsel, NAACP Legal Defense Fund Defense Legal NAACP Counsel, Assistant Damen Hewitt, USA and of Churches Council National President, Former Jr., Hoyt Thomas Rev. and Mississippi (District Louisiana 10) Christian Methodist Bishop, Presiding Church Episcopal President, Vice Justice, Worker Interfaith President, Nelson Johnson, Board Rev. Church Community Faith and Pastor, of Greenboro Forum Pulpit and Unionists and President Trade of Black Coalition President, Bill Lucy, AFSCME Treasurer, International Secretary Martin Center, Student King Catholic Luther Pastor, SJ, Lundy, George Father Linda Chavez-Thompson, Executive Vice President, AFL-CIO AFL-CIO President, Vice Executive Linda Chavez-Thompson, Policy Corporate for Center Director, Charlie Cray, Forum Black Leadership Vice-Chair, Ramona Edelin, Forum TransAfrica and CEO, President former Jr., Bill Fletcher Contracting, Responsible for Assistant Principal Former Greenhouse, Bunnatine of Engineers Corps Army Associates Research Political and Founder, President Jean Hardisty, Bill Beardall, Executive Director, Equal Justice Center and Director, Transnational Transnational and Director, Center Justice Equal Director, Executive Bill Beardall, School of Law Texas of University Rights Clinic, Worker Marianite Bywater Project Coordinator, Clarita Bourque, Sister Director, and Executive Justice Worker Interfaith Member, Board Imam Mahdi Bray, Foundation Muslim American Society Freedom Mississippi Rights Immigrant Alliance Director, and Executive President Bill Chandler, New Orleans University Loyola President, Former SJ, James Carter, Gulf Coast Commission on Reconstruction on Equity Members Commission Gulf Coast

Appendices 24 Jesse Kehr, Supervisor Milwaukee, Wisconsin Marquette University Cara Morton Evanston, Illinois EvangelicalGarrett Theological Seminary B.Madeline Lockett Atlanta, Georgia Interdenominational Theological Center Ephious Davis III Cambridge, Massachusettes Weston of JesuitSchool Theology CarreonGuillermo Milwaukee, Wisconsin Marquette University Anne Boyd Huntingdon, Pennsylvania Juniata College Abdullah M.Al-Riyami New SummerInterns Orleans Interfaith Worker Justice

(734) 474-7107;JuliaMalette Washtenaw County Workers’ Center, Ann Arbor, MI (504) 309-1776x1710;Abigail Thornton New Orleans, LA Interfaith Worker Justice Center ofNewOrleans (574) 287-3834;JuanHernandez Bend,South IN St. Joseph Valley Project – Workers’ Center Rights (773) 728-8400;Adam Kader Chicago Interfaith Worker Center, Rights Chicago, IL (479) 750-8015;Julie Tolleson Springdale, AR Arkansas Northwest Workers’ Justice Center Network of Workers’ Centers Interfaith Worker Justice (414) 643-1620; Cristina Neumann-Ortiz (414) 643-1620; Cristina Voces delaFrontera Workers’ Center, Milwaukee, WI (608) 255-0376;Patrick Hickey Madison Workers’ Center, Rights Madison, WI (713) 862-8222;Annica Gorham Houston, TX Houston Interfaith Worker Justice Center (512) 391-2305;Cristina Tzintzún Austin, TX Workers Defense Project/Proyecto Defensa Laboral Sherman (513) 621-5991;Don Cincinnati Workers’ Center, Cincinnati, OH Baird(336) 230-0001;Marilyn Central Carolina Workers’ Center, Greensboro, NC (828) 432-5080;Francisco Risso Western NC Workers’ Center, Morganton, NC Rodriguez (518) 482-5595;Gene Capital District Workers’ Center, Albany, NY Cunningham(732) 246-2900;Rich New Labor, NJ NewBrunswick, (601) 732-1898;Nikita Williams MS MPOWER, Morton, Gladue (612) 332-2055;Matt MN Minneapolis, Twin Center for Cities Interfaith Worker Justice

25 Appendices . f . l opa/ / . f www.dol.gov

oshaweb/owadisp.show_ / . . . .

www.iwj.org/actnow/gccre/gccre_full_report.pd . of Atlanta, Georgia. It consisted of two parts two – a of consisted Georgia. It Atlanta, of

s .

. www.goodjobsfirst.org/pdf/contractorprofiles.pd m www.whitehouse.gov/news/releases/2005/11/20051103-9.htm Mission statement, from the U.S. Department of Labor website, of Department the U.S. from statement, Mission “Good Work and Fair Contracts,” op. cit op. Contracts,” Fair and Work “Good Theological Center Interdenominational social survey health and a survey mental service work of and of Orleans needs in New in New Internship Summer Justice the IWJ Worker supported generously experience. ITC Orleans. at available Orleans,” New in the of Reconstruction Lives All: Workers’ for Injustice “And www.advancementproject.org/reports/workersreport.pdf Requirements for Hiring Hurricane Victims,” 10/21/2005, available at www.dhs.gov/ at 10/21/2005, available Victims,” Hurricane Hiring for Requirements xprepresp/programs/editorial_0751.shtm. skilled More work. of and typethe region is to pegged both the wage prevailing The the set for higher rates electricians, have and carpenters as trades, such construction laborer for the rate than wage prevailing or on concluded negotiations or opened are which bids for contracts “all this to limits let all contracts for intact rates wage sub-prevailing leaving thus 8, 2005,” November after Proclamation Revoking the President: by Proclamation 5. See “A November to previous at available 7924,” cit op. Contracts,” Fair and See Work “Good available October 4, 2005, contracts,” Katrina few getting firms “Minority Press, Associated www.msnbc.msn.com/id/9590752. at OSHA National News Release, “OSHA Resuming Regular Enforcement Along Most of of Most Along Regular Enforcement Resuming Release, “OSHA News National OSHA www.osha.gov/pls at 20, 2006, available Jan. Coast,” Gulf U.S. document?p_table=NEWS_RELEASES&p_id=11805 I-9 Documentation Regarding “Notice Security, Homeland of Department U.S. www.dhs.gov/xnews/ at 9/6/2005, available Victims,” Hurricane Hiring for Requirements releases/press_release_0735.shtm “Good in profiled MS, Gulfport, Base in Seabee the Naval cleanup to imported workers Local Residents for Work CoastReconstruction Gulf Making Contracts: Fair and Work Equity Reconstruction on CoastCommission Gulf the of publication a Businesses,” and at available Justice, Worker Interfaith and I-9 Documentation Regarding “Notice Security, Homeland of Department U.S. Twelve of the largest initial contracts were let to AshBritt Inc., Bechtel Group Inc., Ceres Inc., Group Bechtel Inc., AshBritt let to were initial contracts the largest of Twelve Chemical ECC (Environmental D & J Enterprises, LLC, Clearbrook Environmental, & Root Services Brown Kellogg Inc., Worldwide IAP Corporation, Flour Corporation), Defense LJC Construction as LJC (also known Company), (a subsidiary Halliburton of “Profiles Mattera, Philip Inc. Group Shaw The and Inc., & Jordan Phillips Contracting), work reconstruction and cleanup for contracts large received have that 12 companies of Good by Justice Worker Interfaith for prepared Rita,” and Katrina Hurricanes to related D.C. Washington NW, 1616 P St. Good First, from Jobs 2006; available March First, Jobs at 20036; also available aboutdol/mission.ht 2006) 20, (July Boyd Anne and Kehr Jesse by Interview Philip Matera, “Profiles of 12 companies…”, op. cit. op. of 12 companies…”, “Profiles Matera, Philip For example, see the story uncovered by the Mississippi Immigrant Rights Alliance about about Alliance Rights Immigrant Mississippi the by uncovered story see the example, For The survey was done in collaboration with the National Emotional Support Center of the Center Support Emotional National with the survey The in collaboration done was The Presidential Proclamation rescinding the suspension of prevailing wage regulations regulations wage prevailing of suspension rescinding the Proclamation Presidential The 2 8 15 1 End Notes 3 4 13 7 14 6 10 12 9 5 11

End Notes 26 31 28 21 23 22 30 32 29 19 27 26 25 24 18 17 16 20

The National EmploymentLaw Project recently an excellentreleased policy of overview For information about Federal the Acquisition Panel, contact Auletta, Lara Designated Paul advisor DeCamp, asto senior WHDresponsible policy served who for post-Katrina Philip Mattera. “Profiles of 12companies…”, op. cit. Federal Officer, 1800FStreet Room NW, 4006, Washington D.C.20405. Minutes of www.splcenter.org/news/item.jsp?aid=174.See www.splcenter.org/legal/docket/files.jsp?cdrID=54 see et al For information case on Navarrete-Cruz v. LVI Environmental of New Orleans, Inc., Services jsp?aid=215 “Katrina contractor agrees to pay wages to unpaid workers,” www.splcenter.org/news/item. Center for International Development and Technology Transfer, Tulane University, June 2006. Human Rights Center, Berkley; California, University and Payson of Berkley; California, Human Rights inNew Orleans,” International Human Rights University Law Clinic, of tracfed.syr.edu operations of government, federal the and is associated with Syracuse University; see TRAC database –Transactional Records Access Clearinghouse, provides data on the Policy Priorities Data from chart prepared Department the of Labor; by Matt Fiedler, Center on Budget and Market,”Labor available at Howard Wial, Keystone Research Center, “Minimum-Wage Enforcement and Low-Wage the programs/downloads/trendswageshours.pd Law, Economic Policy Brief No. 3,September 2005.Available at U.S.the Department of Labor, 1975-2004,” Brennan Center for Justice at of NYUSchool Annette Bernhardt and Siobhan McGrath, “Trends in Wage and Hour Enforcement by 0the%20Wage%20Floor2%2Epdf Inaction and Employer Unaccountability,” available at Enforcement of Wage and Hour Standards for Low-Wage Workers inan Eraof Government issues and resources concerning wage and hour enforcement: “Holding Wage the Floor: torefused provide any information citing concerns privacy yearthe proceeding Katrina and 13open investigations Katrina, post about DOL which Letter from Cynthia C.Watson, op. cit. In addition there were nine open investigations from Interview by CaraMorton, July 17,2006.26 Interview by CaraMorton, August 3,2006. Watson, Disclosure DOL Officer, toTed Smukler, IWJDirector of Public Policy, Aug1,2006. could reasonably to risk circumvention expected be of law.” the Letter from Cynthia C. guidelinesdisclose for law enforcement investigations or prosecutions ifsuch disclosure techniques and procedures for law enforcement investigations or prosecutions, or would Exemption 7(e)affords protectionslaw all to enforcement informationthat would disclose information“The related this to request withheldis pursuant to exemption 7(e) the FOIA.of and therefore was not voted upon by U.S. the Senate. WHD administrator. Mr. DaCamp’s appointment was made during aCongressional recess policy,Gulf Coast was recently appointed by President Bush to replace Mr. Robinson as Gulf%20Coast%20Commission%20%2006%2012%2006.pd st%20Commission%2004%2020%2006.pd to AAPare the GCCRE available at 06%2014%2006%20Panel%20Meeting%20Minutes.pd and Bunny Greenhouse, are available at Junethe 14,2006AAPhearing, with testimony from members GCCRE Quigley Bill Interview by Jesse Kehr, July 17,2006. Laurel Fletcher etal., “Rebuilding After Katrina: A Population-Based StudyLabor of and . .

. http://mitsloan.mit.edu/iwer/tfwial.pdf . www.acquisition.gov/comp/aap/documents/Gulf%20Coa www.acquisition. f and f .

www.acquisition.gov/comp/aap/documents/ f www.nelp.org/docUploads/Holding%2 . Other submissions. Other from IWJand gov/comp/aap/documents/ . . f

.

www.brennancenter.org/ . http://

27 End Notes

m

th . . . www.afl-cio.org/mediacenter/prsptm/pr07142005.cf www.nilc.org/immsemplymnt/wkplce_enfrcmnt/ ” . . 6 . July 2006. July

. Statement by AFL-CIO Executive Vice President Linda Chavez-Thompson on False on Chavez-Thompson Linda President Vice Executive AFL-CIO by Statement Raid,” July 14, 2005, available at at available 2005, 14, July Raid,” Improve Enforcement,” GAO-06-27, December 7, 2005 GAO-06-27, Enforcement,” Improve Member, “Report tothe Minority Ranking Office, Accounting Government U.S. “Employment Senate, U.S. Pensions, and Labor, Education, Health, on Committee Classification, Worker Proper Ensure Could Help Outreach Improved Arrangements: GAO-06-656, forthe 110 forOversight Areas “Suggested Office, Accounting Government U.S. 17, 2006 November Issues, Oversight Potential GAO-07-235R Congress,” risk,” at workers action puts enforcement site work Carolina “North Moran, Tyler 19, Issue Volume Update, Rights Immigrants Center, Law Immigration National at 5, October 5, 2005., available wkplcenfrc021.htm “ Carolina North in Enforcement Customs and Immigration by Used Meeting OSHA U.S. Government Accountability Office, “Service Contract Act: Wage Determination Determination Wage “Service Act: Office, Contract Accountability Government U.S. Data Could Violation of Use and Better Transparency, Greater From Benefit Process Submitted by the Minority. by Submitted www.dol.gov/ at available ESA-15-16, Chapter, Performance Administration Standards dol/budget/2008/PDF/CBJ-2008-V2-08.pdf. (Linda Chavez-Thompson is a board member of IWJ). of member a is board Chavez-Thompson (Linda Indiana, Illinois, in Arkansas, centers 16 workers’ of a network IWJ coordinates Carolina, North York, New Jersey, New Mississippi, Minnesota, Michigan, Louisiana, Wisconsin. and Texas, Ohio, Laboral, Defensa Project/Proyecto Defense Workers Christina with Interview Tzintzun, TX, Oct. 30, 2006 Austin, Oct. 30, 2006 Center, Workers’ Cincinnati Sherman, Don with Interview Milwaukee, Center, Workers’ Frontera la de Voces Geraci, Jean with Interview 200 Oct. 30, Wisconsin, Oct. Center, Rights Workers’ Interfaith Chicago Pretz-Andersen, Marikka with Interview 30, 2006 Division, Hour and Wage Administrator, for Nominee DeCamp, Paul for “Questions U.S. Department of Labor FY2008 Detailed Budget Documentation, Employment Employment Labor Documentation, FY2008 Detailed of Budget Department U.S. 33 38 39 43 35 44 37 40 42 34 41 36

End Notes 28 Interfaith Worker Justice Board of Directors

Co-Presidents: Rev. Nelson Johnson, Pulpit Forum of Greensboro and Faith Community Church, Bishop Gabino Zavala, Archdiocese of Los Angeles Vice-President: Ms. Edith Rasell, Minister for Labor Relations, United Church of Christ Public Policy Chair: Ms. Rosalyn Pelles, Dept. of Civil, Human and Women’s Rights, AFL-CIO Organizing Chair: Mr. Jeffry Korgen, National Pastoral Life Center Communications Chair: Mr. Charles F. Whitaker, Medill School of Journalism, Northwestern University Finance and Fundraising Chairs: Rev. Bennie Whiten, Jr., United Church of Christ, Mr. Monroe Sullivan, Retired Businessman/Social Activist Board Development Chair: Rev. Darren Cushman-Wood, Speedway United Methodist Church Mr. Hussam Ayloush, Council on American-Islamic Relations – Southern California Imam Mahdi Bray,* Muslim American Society Freedom Foundation Ms. Linda Chavez-Thompson, AFL-CIO Mr. Robert DeRose, Barkan + Neff Law Offices Dr. Mary Heidkamp, Dynamic Insights International Ms. Karen McLean Hessel,* Justice for Women, National Council of Churches Mr. John Hill, General Board of Church and Society, United Methodist Church Rev. Daryl Ingram, African Methodist Episcopal Church Rabbi Jill Jacobs, Jewish FundS for Justice Rev. Jarvis Johnson, Walmart Watch Ms. Susan Leslie, Unitarian Universalist Association Ms. Linda Lotz, American Friends Service Committee Rev. J. Herbert Nelson, Liberation Community Church Rev. Sinclair Oubre, Catholic Labor Network Sr. Mary Priniski, OP, Catholic Committee of the South Mr. Bill Quigley, Loyola Poverty Law Center Ms. Joanne Reich, Ministries with Women, Children, and Families Mr. J. Chris Sanders, Political Consultant, UFCW Mr. Thomas Shellabarger, U.S. Conference of Catholic Bishops Rev. Dr. Paul Sherry,* National Council of Churches Ms. Evely Laser Shlensky,* Commission on Social Action of Reform Judaism (URJ and CCAR) Ron Stief, Public Life and Social Policy, United Church of Christ Rev. Phil Tom, Urban Ministry Office, Presbyterian Church USA

Special Advisors: Bishop Jesse DeWitt,** Retired, United Methodist Church Rev. Jim Lawson, Holman United Methodist Church Rev. Joseph Echols Lowery, Southern Christian Leadership Conference Rabbi Robert Marx, Congregation Hakafa Rev. Jim Sessions, United Methodist Church Rev. Addie Wyatt, Vernon Park Church of God

Executive Director: Kim Bobo

** Former Board President, * Former Board Officer Interfaith Worker Justice 1020 W. Bryn Mawr Ave., 4th Fl. Chicago, IL 60660

(773) 728-8400 www.iwj.org