Let's call her Lupita (not her real name).
She works at some of the raspa stands that dot the Brownsville landscape, small huts where they concoct raspas (cones of ice) of every flavor, whether chamoyadas, de piña (para la niña), de mango, you name it.
During the summer and into the fall, these franchise-raspa stands remain open,m some for as long as 10 or more hours. Inside you will ususlaly find a Spanish-speaking lady who labors the whole day dishing out the raspas and confectionery that the owner of the stands has to sell.
No one tips these ladies. It is rare that a customers drops a dollar on them for their service.
Lupita first heard of the chance for work from a friend who knew she was desperate for a job. When she went to the office of the man who owned the raspa stands, he told her she would be hired and produced a contact for he to sign. Unfortunately, she did not read English and trusted the man when he said that all it said was that she would be paid for her work and the requirements of the job. She signed and started work that very day.
Soon, however, she realized that work not only meant making raspas, but also doing the maintenance, cooking the corn, cleaning the inside and outside, etc. In short, she was the only person who made sure the stand was operational, the ice was hauled in, the place was swept and mopped, and the windows wiped and made shiny.
And she had to collect and record the sales and then keep the money safe.
She soon found out that she had signed a contract which called for her to get a paid a small "commission" and when she complained to the owner that it didn't seem to be enough for the 10 to 12-hour days that she was required to be present at the stand, he said that she had signed the contract and that he could take her to court if she didn't abide by it.
To a person who had never been in trouble with the law, this was a horrible thought. She would have to hire an attorney, her friends told her, and there was no telling what other conditions of employment were in the contract she had signed.
So she stayed at her workplace watching as dwindling income reflected the beginning of school when kids spend all day away from home and didn't come in bunches to make their small purchases. Fall also meant that the heat would subside and that fewer people would come to get a refreshing ice cone.
Lupita (and many others) are locked up in those cramped stands for countless hours locked in to an exploitative system of contract labor that benefits only the owner and uses the ignorance of their employees to keep them in servitude. Next time you pass one of these small stands take a closer look. The Lupitas there are our new slaves living in our midst.
7 comments:
Why just blg about it? Why don't you refer the Lupita's to legal counsel and report that employer to appropriate authorities?
Wow, you are upset because people are working for a living, instead of sitting in a downtown bar getting drunk? WOW...........
So Lupita and her ilk are the new slaves. Slaves of who? Who are the folks exploiting the poor and vulnerable and reducing them to servitude?
Must be some of the Anglos that came down here to rape and pillage the humble Mexican people. The owner of the Raspa stand must be a descendent of the Stillmans, Kings, Kenedys or aother of the robber barons. I mean everything bad down here just must be some Gingo's fault! It just could not be one Mexican screwing another Mexican..God forbid such a thing!
99.9 % of the establishments are owned by Mexican Nationals that get all their supplies and labor from Mexico. Many pay their Lupita's in cash and do pay not pay fair wages in accordance FLSA. They pay few if any taxes to the State since they don't have any employees.
My first reaction is to be a jackass because it's not my fault people choose to stay ignorant. But after thinking this through, you're right and the post at 12:37PM is right. What do we do about it? There is no need for legal counsel. That contract is void because it was written in a language "Lupita" is not proficient on. Additionally, even if it was legal (though it's not), no one is going to take her to court. It'd cost thousands to do so when it's so much easier to find yourself another sucker. Texas is a Right to Work state. Employment contracts are mostly useless.
Like george lopez asks? do they have permits? what city permits are they required to have? a health permit, an electrical permit, they they have water service? all those records are somewhere right. us dept of labor, wage and hour etc. these folks need to complain but maybe wont beqause they are here illegally? i am just syaing and asking too at the same time.
She is not a contract wrkr just cuz he says so. If he dictates wrk hrs wrk site & other conditions she is not a contarct wrker. Ten hrs @ min wge 8.00 = at least $80. dollars report him to wge & labor. Illegal predatory one sided contacts are null and void.
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