DOL: Fighting For Workers “Documented or Not”

by | Jun 30, 2010 | News

Actor Jimmy Smits, Obama’s Secretary of Labor Hilda Solis, and co-founder of the United Farm Workers of America union and Democratic Socialists of America member Dolores Huerta have all joined forces on a video asking workers to report labor violations whether they are “documented or not.” The three appear in a video explaining what to do if you are an undocumented worker and have an issue with wage discrimination. First, let’s be clear. It is illegal for employers to hire undocumented workers and to violate labor laws, and those violations should be reported and corrected. However, it is interesting that the DOL is reaching out to undocumented workers for help reporting these violations, especially given the fact that DOL is partially in charge of enforcing the rules against hiring undocumented workers in the first place. Not only that, but during the Clinton administration these investigations turned into “shake-down” operations where the employer was told that they could make the whole investigation go away by simply signing a union contract (with – guess who – the SEIU). The Department of Labor is pulling out all the stops to go after employers who violate labor laws. That is their job, and to the extent they are going after intentional violations they should be commended (after all, employers who compete by violating the law hurt not just their own employees but also honest employers and the employees of those companies). But make no mistake. If you are caught in a DOL investigation you can expect to be made very uncomfortable – including the threat of criminal prosecution. It happens. The good news is that the best defense is a good offense. Make sure your company is in full compliance with all labor laws and work hard to create a positive workplace and you will avoid any of these issues. For more advice on this issue and many more check out our latest free White Paper, “Left of Boom.”

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