THE LUPITA RASPA PLOT THICKENS: READERS CHIME IN

By Juan Montoya
After we posted the note on the exploitative conditions of some raspa stand workers we were mildly surprised at the reaction from our three readers.
Many said that those workers deserved what little they got, even though when they were paid on commission that amount was a pittance compared to the labor they afforded their employers during the 10 to 12-hour day they pout in the cramped stands dotting the Brownsville landscape.
Others believe that the owners should be reported to the U.S. Dept. of Labor for allegedly violating the Fair Labor Standards Act (FLSA) which prohibits this type of employment agreements.
A local businessman who is fairly knowledgeable about these things says he has learned that a stand near a major intersection (U.S. 77-83 Frontage Road and Price Road) employs Mexican nationals (Lupitas) and that he has seen the unloading of products fro the stand.
"They are all products from Matamoros," he said. "They don't buy any of their products here."
That, plus the fact that the employment of these women as if they were self-employed contractors irks the businessman because he says that a contractor under the Dept. of Labor guidelines is someone who have their own tools, and exert their own specialized skill or profession.
"These women bring nothing to the job but themselves and their labor," he said. "How can they be considered self-employed contractors? I think these kind of commission-contracts are illegal under the law."
As we reported in a previous post, the women work on commission under the contract and then are required to be there from 10 to 12 hours and perform all the tasks that the owner orders them to. Those who complain about the low earnings and long hours and want to quit are reminded that they can be sued in court because of the contracts they signed. Many don't speak English and were not aware of the restrictions in the contracts, we are told.
The sentiment against these arrangements has been echoed by others commenting on the post. Many say that the only workers exempt for the FLSA are those on salaries averaging more than $24,000. And they say that a contract employee is supposed to perform only those duties which are specified in the contract, not everything that the owner of the stand dictates. Everyone else is supposed to be paid the minimum wage under the law, they say.
"I am preparing a report on these stands to the U.S. Dept.f Labor," said the businessman. "If you were to start a raspa stand and hire local workers, you couldn't compete with these guys. In fact, you'd have to pay local taxes and they avoid doing that by buying all their products from Mexico. The only thing they pay is the minimal rent form the landowner where they place the stand."