California & The Undocumented Worker – A Logistical Nightmare
It is no secret that California maintains one of the highest rates of illegal immigrants working as undocumented workers in the country. Due to our close proximity to the Mexico border and Baja California, we have long been a target of illegal immigrants flooding our state in hopes of a better tomorrow.
As California Labor Laws become more and more strict on overtime pay, age requirements, heat illness prevention and other innumerable topics related to employing state residents, one area that has surprisingly lacked oversight is that of the illegal worker. That is not to say that there are plenty of laws in place to try and curtail this behavior – there certainly are – but more so to say that the State Attorney is able to pick and choose what cases to bring to trial. Our state representatives have been surprisingly lax in the past when it comes to the undocumented worker, but now they face a major obstacle; President Donald Trump.
While President Trump has vowed to deport several million illegal aliens in this country, he is being met with roadblocks around every corner. Recently, his second attempt at a travel ban from 6 predominantly Muslim countries was met with fierce resistance from Federal Circuit Court judges – this time from Hawaii. Another state that has stood in the path of this travel ban is surprise surprise, California. At this point, I believe it is worthwhile to point out some of the hypocritical moves that this current administration has made.
Do What I Say, Not What I Do
The title of this section should make it glaringly obviously that we are talking about government and governmental employees. One huge sore thumb of the Trump administration at this moment is that of the proposed Labor Secretary; our own Andre Puzder. Puzder was the CEO of CKE Restaurant Holdings Inc. and has been on record stating that he employed an undocumented worker while in that position, and did not pay proper taxes while doing so. This sends a clear message that I believe many Americans who voted for our President wanted to do away with; the governmental double-standard.
Why did Puzder employ an undocumented worker and how did he get away with it? The answer is quite simple; it is cheaper and California Labor Laws typically look in the other direction. This brings us to our current conundrum – what is California to do about its undocumented labor force?
A Logistical CA Labor Law Nightmare
Here’s what it comes down to: California state officials and California Labor Law regulators realize that the state would not survive without this illegal and undocumented workers. I think we can all admit that those individuals that are here illegally take jobs that Americans can’t or won’t do themselves. Hard labor in deplorable working conditions are an easy red flag to any competent legal California resident. They know there are laws in place to protect the worker from this, but illegal workers don’t have the luxury of being able to report employers. Doing so is at their own peril; risk being deported and unable to send money back to their family living in an extremely impoverished environment.
And what if Trump decides to bring down the hammer and force California Labor Law regulators to enforce the laws they have been so conveniently disregarding? Does the federal government come in and take over the process, or get rid of those who are unwilling to enforce both State and Federal law? Do Californians stand up to the Federal Government and tell them to eat crow? Or, perhaps, do we follow through with the growing popularity of the Cal-Exit movement and secede from the US?
At this point, only time will tell.
Call Now and Schedule Your Free Consultation 888-358-2221
We will quickly assess your employee handbook and your safety program. We will help you to see how you are doing with your compliance issues. Everything we cover will be backed up by documentation.