It’s about “basic fairness”: employment agency backs California Bill

Some job agencies are charging workers thousands of dollars in illegal fees to facilitate their entry into the US. This practice, known as double dipping, not only breaks the law but hurts both employers and workers, according to Joe Martinez, executive director and co-founder of CIERTO. Unaware employers become part of the forced labor issue, as workers arrive in debt and vulnerable to exploitation. That’s why Martinez backs Assembly Bill 1362. As he puts it, “It’s not about politics; it’s about fairness.”

Exploited before they even leave home 

Martinez runs a nonprofit labor recruitment agency called CIERTO. They recruit workers ethically in Mexico and Central America, using a model recognized by the International Labour Organization and the US government. However, he states that the ethical ways in which CIERTO operates is “not the norm.”

Contrary to popular belief, each year, tens of thousands of workers come to California on legal temporary visas. They come ready to do the hard work that puts food on our tables. They also fill vital labor gaps in the US. However, many have been exploited before they ever set foot on US soil.  

Writing for the Sacramento Bee, Martinez said: 

We meet workers who’ve been charged thousands of dollars in illegal fees by recruiters just to work legally in California. Some pay up to $10,000. Many go into debt, sign contracts they don’t understand or face blacklisting or deportation if they speak up.

According to Martinez, this is happening across the areas he recruits from. From remote villages to busy border cities most recruiters charge these illegal fees. Importantly, all are far from the reach of US state or federal labor inspectors. And the exploitation doesn’t end there. Most of the workers recruited assume they will also need to pay bribes to avoid being trafficked or abused. This is especially true women and children.

To make matters worse, the current administration dismantled the US State Department’s anti-trafficking office. This move eliminated key oversight and survivor support functions, making the risk of abuse for migrant workers much higher. 

Basic protections will go a long way 

Martinez feels all employment agencies should be competing on a level playing field. One that protects both the agencies and the workers they aim to hire. All agencies should be required to invest time and money to ensure their recruitment is free of illegal practices. From his perspective, and those of a survivor who also supports AB 1362, the bill helps balance out that inequality by making transparency the standard across the board. 

Martinez stated: 

The bill doesn’t create a new agency or burden ethical employers, it simply says that if you’re hiring a recruiter to find workers abroad, that recruiter should be registered, bonded and transparent about the job offer.

As an example of how easy it remains for recruiters to charge illegal fees, confiscate passports and use threats to keep workers silent. Martinez points to a recent federal lawsuit in Michigan where Guatemalan migrant workers sued a labor contractor for trafficking, coercion, and wage theft.

AB 1362 would require that workers get a written contract in their own language and know their rights before they take the job. Protections like these will help workers avoid getting trapped in debt. Debt which exponentially increases vulnerability to labor exploitation before they even enter the US. 

We have the tools; it’s time to use them 

In Martinez’s opinion, no one should have to risk trafficking or fraud just to take a legal job. And as he shared, we have “the tools to stop the abuse before it starts.” Now it’s time to use them.

That’s why Freedom United partnered with Sunita Jain Institute Anti-Trafficking Initiative at the Loyola Law School to create a petition and lobby for AB 1362 to fix the current law. Stand with us by signing the petition and urge California to keep its temporary workers slavery free.