Projo 7 to 7 News Blog

Taking the news pulse of Rhode Island and Southeastern Massachusetts, by Providence Journal and projo.com staff, from 7 to 7, every business day

Update: Raided New Bedford factory settles workers' suit

2:39 PM Tue, Nov 18, 2008 |
News staff    Email

bianco_settlement.jpg
Journal photo / Kathy Borchers
Isabel Lopez, center, a supporter of the workers, congratulates Digna Mendoza, former employee of Bianco, after the press conference in Boston on the settlement today.


By Karen Lee Ziner
Journal staff writer

BOSTON -- The owners of a New Bedford factory raided by immigration agents last year will pay $850,000 in overtime and unpaid wages to 764 employees, under terms of a settlement agreement announced today.

The settlement applies to current and former workers, including many who were detained and deported after a high-profile immigration raid at the factory owned by Michael Bianco Inc. last year.

Lawyers who filed a class-action lawsuit on behalf of the workers called the agreement "partial justice," and said the case speaks to the need for immigration reform to protect vulnerable workers -- documented and undocumented -- who live "in a climate of fear."

"While we are very pleased with this settlement, we are certainly aware that for many whose lives were torn apart by the raid, this is only partial justice," said Audrey Richardson, lead attorney for Greater Boston Legal Services.

GBLS, South Coast Legal Services and private attorney Philip Gordon of Boston, filed the lawsuit in May 2007, two months after federal immigration agents arrested 361 workers on federal immigration charges. The workers were stitching military gear for U.S. soldiers in Iraq and Afghanistan, to help fulfill the company's $230 million in government contracts.

Immigrant advocacy groups denounced the raid, saying it separated families and left children without proper care, leading to what they called "a humanitarian crisis."

Workers who filed the suit claimed that the Bianco company "systematically and intentionally violated the laws requiring time-and-a-half for overtime work" by creating a sham second corporation - Front Line Defense, Inc.

They alleged that the company avoided paying overtime by issuing two checks; one from the Bianco company for day shifts, and the second from the sham company, Front Line Defense, for night shifts.

Former worker Elsy Hernandez said, "I used to work 14 hours a day, six days a week. And what was happening was, we were never receiving a check for the overtime in our second shift." She said both the Bianco company and Front Line "were at the same location - the same address."

Hernandez and the five other named plaintiffs said the Bianco company had so few time clocks that they waited in lines to punch in - then were docked 15 to 30 minutes pay if they were one or two minutes late. They also were not paid for time spent waiting in line to clock out, sometimes for up to 30 minutes, the workers said.

Richardson, of Greater Boston Legal Services, said the amounts will range from between $20 to $8000, and that every effort will be made to locate workers who have already left the country.

Two weeks ago, company owner Francesco Insolia pleaded guilty to a criminal charge of harboring illegal aliens. He faces up to 18 months in federal prison.

social bookmarking

Comments

Jay1340 said:

Hmm..interesting that immigration advocacy groups didn't denounce the company for their activities BEFORE the raid.... However, once ICE made the arrests and the immigrant community felt safe enough to speak out...these offenses became known. Good job ICE! You got rid of a bunch of illegal immigrants and helped the community fight for justice in their payroll! ICE is a class act!



murry said:

Are we SO STUPID in this country?

Fine, you want to uphold labor law for illegal immigrants, ok. But the fines that would have been awarded should be confiscated by the government. This would still punish the manufacturer because they would still pay the fine; but would discourage criminal aliens from working illegally here. Otherwise illegal aliens continue to profit from their crime.



joe h said:

they are humans, they are workers, regardless if they are illegal or not.

no one is "illegal"

they worked for that money, they deserve that money.

they deserve their wages! they worked for them!



JD said:

Joe H is right, they are not illegals, they are illegal aliens. But Joe, crack dealers work for their money, should they be allowed to keep it when caught? I say use the settlement to buy all of the 1 way plane tickets needed to send these illegal aliens home.




Leave a comment





Type the characters you see in the picture above.