Transcript Human Trafficking Wage and Hour Division U.S. Department of Labor

Human Trafficking
Wage and Hour Division
U.S. Department of Labor
The Role of WHD in Combating Human Trafficking
U.S. Department of Labor
Human Trafficking and WHD
Mission – Wage and Hour Division (WHD)
• To promote and achieve compliance with labor
standards to protect and enhance the welfare of
the Nation's workforce
U.S. Department of Labor
Human Trafficking and WHD
Mission – Wage and Hour Division (WHD)
• All workers are entitled to full and fair compensation
for their labor, regardless of immigration status
U.S. Department of Labor
Human Trafficking and WHD
WHD Enforces:
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Fair Labor Standards Act (FLSA) of 1938, as amended
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Family and Medical Leave Act (FMLA) of 1993
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Migrant and Seasonal Agricultural Worker Protection
Act (MSPA) of 1983
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Worker protections provided in several temporary visa programs
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Davis-Bacon Act (DBA) of 1931
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McNamara-O’Hara Service Contract Act (SCA) of 1965
U.S. Department of Labor
Employment Standards Administration
Human Trafficking and WHD
How WHD Accomplishes its Mission:
Balances Three Complementary Strategies:
1. Enforcement (targeted and complaint-driven)
2. Education and Outreach
3. Partnerships and Collaborative Efforts
4. Public Awareness
U.S. Department of Labor
Human Trafficking and WHD
WHD Enforcement Focus
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WHD targets low-wage industries, including:
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Construction
Apparel Manufacturing
Agricultural
Automotive Maintenance and Repair
Food & Drink Establishments
Hospitals, Nursing Homes, and Health Services
Grocery Stores
Hotel and Tourist Industry
U.S. Department of Labor
Human Trafficking and WHD
WHD Partnerships and Compliance Assistance
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WHD works with Consulates of Mexico and other
countries, along with non-governmental
organizations to reach out to immigrant
communities and employer industries
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To help immigrant workers understand their rights,
WHD has translated numerous publications in Spanish
and Asian languages, set up worker hotlines, and
conducted numerous compliance assistance events to
reach out to this population
U.S. Department of Labor
Human Trafficking and WHD
WHD Goals
in Human Trafficking Investigations:
• Secure the victim/employees’ statutory right to
compensation for work performed in the United
States
• Determine accurate wages due in accordance with
provisions within the Trafficking Victims Protection
Act of 2000, Section 112(a)(2)
U.S. Department of Labor
Human Trafficking and WHD
Application of WHD Expertise
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WHD investigations apply:
- Experience with low-wage, immigrant workers
and industries
- Familiarity with industry and business practices
and trends under investigation
- On-site investigations of establishments in
industries where the potential for trafficking is
high
U.S. Department of Labor
Human Trafficking and WHD
How We Investigate: “On the Ground” Every Day
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WHD interviews workers and employers on:
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Wages received
Hours worked
Deductions made
Transportation methods to work
Living and working conditions
U.S. Department of Labor
Human Trafficking and WHD
How We Investigate: “On the Ground” Every Day
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WHD investigative scope:
– WH Investigators have the authority
to interview individuals and request payroll
records when conducting investigations of
potential wage or other WHD violations
– WH Investigators can identify situations where
workers may be intimidated, threatened,
or held against their will
U.S. Department of Labor
Human Trafficking and WHD
“On the Ground” Every Day
U.S. Department of Labor
Human Trafficking and WHD
WHD Assistance After Victim Identification
• Analysis of complicated payroll records
• Provision of technical expertise in computing
accurate back wages and/or overtime
• Interviewing of potential victims of trafficking on
wages and working conditions
• Reconstruction of wage entitlements
U.S. Department of Labor
Human Trafficking and WHD
WHD Assistance After Victim Identification
• 18 U.S.C. §1593 (Mandatory Restitution)
- created by TVPA of 2000, Section 112
- provided that ordered restitution be the:
“greater of the gross income or value to the
defendant of the victim’s services or labor
or the value of the victim’s labor as
guaranteed under the minimum wage and
overtime guarantees of the Fair Labor Standards
Act (29 U.S.C. 201, et seq.)”
U.S. Department of Labor
Human Trafficking and WHD
Interagency/Task Force Referrals
• Referrals from WHD:
WHD may make referrals to other agencies and
social service organizations via direct liaison, or
to anti-trafficking task forces
• Other agency referrals to WHD:
WHD can investigate labor violations even when
underlying issues do not appear to rise to the
level of human trafficking
U.S. Department of Labor
Human Trafficking and WHD
Challenges in Combating Forced Labor:
Awareness
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First responders to instances of trafficking:
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May be unfamiliar with labor and youth employment
standards (victims may be wage earners, possibly
underage, supporting others abroad or in the U.S.)
- May not recognize potential employment
relationships between employers and victims
- May not identify individuals as employees subject to
labor standards protection, in addition to being victims
of trafficking
U.S. Department of Labor
Human Trafficking and WHD
Criminal case assistance examples:
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Kil Soo Lee – American Samoa
Juan & Ramiro Ramos – Florida
Pedro and Laurie Ramos – Michigan
Rainbow Buffet - Washington
El Puerto De La Union / El Paisano Bar – New Jersey
U.S. Department of Labor
Human Trafficking and WHD
Criminal case assistance examples:
Daewoosa Samoa, Ltd.
Kil Soo Lee, owner
Garment factory
employing 271 Vietnamese
and Chinese workers
producing U.S. retailerlabeled clothing
U.S. Department of Labor
Human Trafficking and WHD
Criminal case assistance examples:
R & A Harvesting, Inc.
Juan and Ramiro Ramos
Farm labor contractors
running 700-man
citrus grove forced
labor camps
Okeechobee, Florida (Wikipedia)
U.S. Department of Labor
Human Trafficking and WHD
Criminal case assistance examples:
Fermin Pedro Ramos-Ramos
and Laurie Ramos
Domestic servitude,
trafficking into forced labor,
and aggravated sexual
abuse
Greenville, Michigan
Ramos home in Eureka Township — Greenville Daily
News/Greg DeKraker, Jan 24, 2007
U.S. Department of Labor
Human Trafficking and WHD
Criminal case assistance examples:
Rainbow Buffet, Inc.
Yan Shu and Jing Zheng
Conspiracy to
harbor and induce
illegal aliens,
violations of
labor laws
Tacoma, Washington (Wikipedia)
U.S. Department of Labor
Human Trafficking and WHD
Criminal case assistance examples:
El Puerto De La Union I/II,
El Paisano Bar and
Nightclub
Luisa Medrano, et al.
Trafficking, conspiracy to
commit forced labor, and
harboring of illegal aliens
Victims smuggled from Olanchito, Honduras
to Union City, New Jersey (via Houston, Texas)
U.S. Department of Labor
Human Trafficking and WHD
Additional Resources
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Wage and Hour Division: www.wagehour.dol.gov
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Youth Employment: www.youthrules.dol.gov
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Nationwide Toll-Free Help: Able to Translate in 150
Languages 1-866-4-USWAGE / (1-866-487-9243)
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Employment Law Guide:
www.dol.gov/asp/programs/guide.htm
U.S. Department of Labor
Questions?
U.S. Department of Labor