New Bedford factory targeted in raid to pay $850,000 in overtime
By Brian R. Ballou, Globe Staff
The owners of a New Bedford leather goods factory raided by immigration officials settled a class action lawsuit today, agreeing to pay current and former workers $850,000 in overtime.
The federal lawsuit was brought by five former and one current employee of Michael Bianco Inc., but it extends to 764 workers, said Audrey Richardson, senior attorney for Greater Boston Legal Services, which has represented many of the workers detained in the March 2007 raid.
The lawsuit charged that the company set up a fake corporation, Front Line Defense Inc., to avoid paying overtime wages. Employees said they were required to clock out at 5 p.m. after working a full day shift at Michael Bianco and then clock back in at 5:30 p.m. for Front Line. They received checks from both companies, to make it appear they had not exceeded 40 hours a week.
"Most of the time, the workers were doing the same work on the same machine as they did during the day,'' Richardson said.
Employees who clocked the most hours will receive up to $8,000 in back overtime pay.
“For a lot of people who were victims, this is going to help them and their families," said Digna Mendoza, a former employee at the plant, through a translator. "What we’re asking for is respect. For a lot of us, we come here to work and support our family.”
The six employees who brought the lawsuit will receive an additional $2,000 above the back pay they are entitled to, compensation for coalescing the group of workers, Richardson said.
Two weeks ago, owners of Michael Bianco Inc. agreed to settle a federal criminal case that included restitution for overtime owed to workers. That restitution amount, approximately $460,000, is included in today's settlement.
"There were weeks when I would even work 16 hours a day, but would not get any payment for overtime," said Else Hernandez, who earned $7.25 an hour for most of her four years working at the plant.
Hernandez said the lawsuit has served notice to other companies that may be engaging in similar practices.
"Now in New Bedford, a lot of employers from different companies are learning and being cautious, because a lot of them were doing the same," said Hernandez, through an interpreter. "Now they are paying better and paying overtime."
Dozens of US Immigration and Customs Enforcement agents stormed the Michael Bianco factory on March 6, 2007, detaining at least 361 illegal immigrants. In the days following, federal authorities drew sharp criticism for the raid and its aftermath. Some of the detainees complained of poor conditions at detention facilities and of coercion to sign deportation documents. Some relatives of those detained complained that the children of the detainees were left without their primary caregivers.



I hope the workers understand that they have to pay taxes on the OT pay they receive. Perhaps, there are fines associated with their not bothering to document their status? After all, each undocumented worker takes the spot of a documented worker. Let's be fair to those who play fair!
While I do think this company should be punished, I do not think that workers who were in this country illegally should receive any compensation. By being in this country, and working in this country, they were committing a criminal act, and they should not be allowed to profit from their criminal activity. Giving them backpay only sends the message that it's worth it to break the law and sneak into this country, even if you end up getting caught.
I wonder how much money from the income of these illegal aliens will go to taxes.
"We come here to work and support our family" said Mr. Mendoza through an interpreter, who didn't speak English. He and the other illegal immigrants come to America, work in America, send American money back to their families, but don't bother to learn OUR language. I have nothing against hard-working people, but if they choose to live and work here, they've GOT to learn English. I would never expect to visit, work or live in another country without first learning the basics of their language in order to communicate. This country has to pass laws to enforce every immigrant takes language classes. Our ancestors did it from all over the globe; they can do it too. My Italian BIL drove Mexican construction workers weekly to night school so they could learn the language. We've catered to Spanish-speaking immigrants for too long. If they want to live, work and get the paycheck, they've got to learn our lingo.
Thank you Greater Boston Legal Services for upholding our labor laws and defending the human rights of these workers. The irony of the above comments is that the US government, and therefore US citizens and taxpayers, probably did benefit indirectly from the illegal practices at Michael Bianco, since this firm was probably able to bid a low price because it was underpaying its workers. The rights of all workers deserve to be protected, not just those holding a greencard or US passport. Oddly, I don't hear people complaining when non-citizens enlist in the US military to fight in Iraq or Afghanistan.
Forget Hispanics learniing English. By 2050 they will be the majority and us English speakers will need to learn Spanish
I can't believe the comments I'm reading. You sound like a bunch of morons and racists. These workers were simply quietly working away for slave wages to support their families and were taken advantage of by their American bosses. The bosses should go to jail and the rest of you reactionary republican morons should take a closer look at your own life and what YOU are contributing to this country.. These illegal workers are the hardest working people in this country and they support your Social Security system to a tune of 15 billion dollars a year that they will never recover. Wake up fools. Montgomery
S Moon, These workers are making a profit off of illegal activity, and you support that? Do you also think murderers and rapists should be able to profit from writing books or giving interviews? And your comment about non-citizens enlisting in the military is totally irrelevant.. Non-citizenship is not the same thing as illegal immigration. People can immigrate legally, work here legally, and still not be citizens. So your comment about non-citizens in the military is completely irrelevant.. You're right, people don't complain about non-citizens enlisting in the military, but we are talking about ILLEGAL IMMIGRANTS. These people would not be allowed in the military and should not be allowed to work in this country.
Thank you S Moon for posting your comment, which is easily the only intelligent one so far. Honestly, I have never seen so much ignorance spouted in one place. Employers are the ones who benefit the most from low paid immigrant workers. As for "After all, each undocumented worker takes the spot of a documented worker", most good ol' US workers don't want the jobs these people do.
S Moon -- get off your soap box. Let me guess your next comment will be about our ancestors being illegal and you’re probably voted for Obama also....Shocker
Peter... "most good ol' US workers don't want the jobs these people do." First of all, with the unemployment rates as high as they are right now, I really doubt that is true.. Second of all, if US workers do not want these jobs, then the employers will have to raise their wages. Sure, we'll have to pay a fraction more when we go to the store, but I am willing to do that if that is what it takes.
Mark, "These workers were simply quietly working away for slave wages to support their families".. One word you left out... ILLEGAL. What they were doing was illegal!!! Do you have so little respect for the laws of our country that you feel people should profit from breaking them? How can you defend people getting paid when they are breaking our laws?
Illegal immigrants should be deported. We need to secure our open borders. While they are sneaking around making a buck our hospitals are picking up the tab for these workers who have no health insurance. Is anyone thinking of that cost to us as a nation? I saw it first hand working in a low income (immigrant and illegal alien area). They would come in ill and sit there quietly taking up space in a bed knowing full well they were receiving health care they wern't entitled to. And with rights to privacy, nobody checked on their legal status!!! Guess who is paying for that? All of us!!! What is the hospital going to do...chase them around with a bill? They just up and move!
Only In America can you do something wrong knowingly, accept it knowingly, break the law knowingly and sue for a boat load all on the taxpayers money. (no pun intended) with out a dime out of your pocket.
Only key to succeed at this....you cant be a American and you cant be a tax payer
. No wonder our country is being raped and robbed to the point of economic disaster by people that don't belong here.
these workers where not harmed and knowingly worked for the wages they got...they had no issue with it so stop patronising them...they where all wrong and knew it...shut up!
Please go to dictionary.com and get your definition of racist, so far you are all wrong at the terminology.
Give me a break!
My ancesters were immigrants and came here legally after 2 years of waiting, processing back in their home land. Granted, America is the melting pot and everyone or their ancesters came from other places around the world. It sickens me that the America now would allow undocumented foreigners to be here and still get paid while my ancesters had to wait in line, take the tests, and go through the proper channel.
We ahve too many people crossing the border down south and they must be stopped!!
Mark Montgomery
Why do you have to resort to name calling just because someone has a difference in opinion. That's getting old. Also, I'm don't know where you got that 15 billion dollar figure, but if it is true, it still doesn't offset the cost of illegal immigration. It cost the American taxpayer 346 billion dollars per year to support illegal immigrants. Do the math and tell me who's being taken advantage of. Cheap labor isn't cheap.
I am sorry but I just have to disagree with some of you.
My dad is an immigrant but he EARNED his citizenship. He never worked here illegally. He paid all his taxes just like any American should do. He did send money to his relatives living abroad as well.
These people come here to work and don't bother learning anything about our country. My mom is American, born and raised. I was born in Boston and raised abroad and even though I didn't set foot in the US for 18 years I still managed to learn the language on my own. So there is no excuse as to why they can't learn. It's a choice you make. They just want our money, to live off Medicare and to live on welfare, yet they don't pay taxes. It's pathetic.
I live in Colorado and work for a cell phone company that is very popular among immigrants. They walk into our store and the first thing that comes out of their mouths is "Speak Spanish?" It drives me insane. I helped a customer with a green card who's been here for 5 years and does not speak a word of English.
They shouldn't get a penny of that settlement. They entered this country illegally. They don't have permission to be here. They need to get out. If they really want to do something great, go enlist in the Army. Or be a Marine. I am prior service Army and even though I wasn't raised here I wanted to give something back to my country.
These people knew exactly what they where doing. They know how to become citizens, they know the process to American work policies. They volunteered under the circumstances, got caught and are now playing (or not) dumb. Like they are the victim. Its a vicious cycle they take advantage with every system available to them and quite frankly scenarios like this are a disease in our country and its what gave our economic structure the virus it is suffering now....you wont here that from any government official though......I on the other hand have nothing to lose.
C'mon people --- regardless of your position on any issues, when you resort to tossing-off shock & insults (however cute & clever YOU think you are) -- you lose any opportunity to influence the debate & change anyone else's mind!!!
Several of you "patriot~bigots" are inventing your own "facts" to suit your preconceptions... Where does it say that ANYONE involved in this lawsuit was~is an illegal immigrant employed illegally by Michael Bianco Inc. ?
Mark Montgomery, where is your sympathy for the US citizens who need jobs right now?! Those illegals came from a country that is perfectly capable of taking care of its own poor people. If Mexico can afford to shell out billions in federal subsidies to keep its gas prices low and offer free Viagra to a bunch of 70-year-old men who are well past their prime, they can jolly well spend a few billion to feed and house their poor population. The US, on the other hand, is in the middle of a major recession that is only going to get worse. The word is "priorities."
If you weren't brain dead for the last um-teen years you would know the fact of the matter is that these WHERE and ARE illegals, youre missing the point of BDC's sympathetic approach by avoiding that issue.
Its really that simple.
Peter T, let's talk about ignorance. Such as your comment about doing the jobs Americans won't. After this shop was raided, did you know how long the line was for job applicants? Here's a hint: It exceeded the number of jobs.
Assembling clothing is not a crime. Slavery was outlawed over 100 years ago. These people deserve to be paid for the work they did.
No one minded illegal immigrants where they were from Ireland.
Have you forgotten that the United States has outlawed slavery? In this country, if a person works, she must be paid for the work that she does. If she works overtime, she must be paid time and a half. All wages are subject to taxation. These overtime wages that Bianco is paying to its workers are no exception -- a portion will be deducted and sent to the US government in the form of taxes.
Who is guilty? Just read the November 4, 2008 AP article: "The owner of a New Bedford leather-goods factory that was raided last year by immigration agents has pleaded guilty to harboring and concealing illegal immigrants. The owner of Michael Bianco Inc., Francesco Insolia, was charged with conspiring to induce illegal immigrants to live in the United States and conspiring to hire illegal immigrants."
This blogger might want to review your comment before posting it.
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