From Deseret News archives:

When workers toil but don't get paid, tragedy can result

Published: Wednesday, Oct. 12, 2005 3:28 p.m. MDT
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"The price is set here, but it changes once you're over at the job," he said. "If you complain, they become very aggressive."

Another worker in a faded flannel shirt nods. Threats of deportation are common.

"I've worked 12 hours a day and been paid $10 or $15, just enough money for food," he said. "I work for two weeks and they tell me, when we finish the job, we'll pay you. They don't."

Another pulls out a wrinkled piece of paper, a hospital bill for injuries suffered on the job. His employer won't pay.

These sorts of stories are common, says Alfonso Brito, legal affairs director of the Mexican Consulate, which is just a few blocks away. On average, he sees about five workers a day seeking unpaid wages.

Brito says some employers have good reason to withhold wages, and most agree to pay up when his office calls. But some don't.

"It's frustrating when you call employers and they say, 'I don't want to pay,' or 'I don't know this man,' " he said.

When that happens, Brito forwards the complaint to a wage claim specialist at the Utah Labor Commission. If the employer again disputes the claim, and mediation doesn't work, the final step is a hearing.

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Judging by the response of the men on the corner of 200 South and 500 West, many don't bother.

"If someone doesn't pay, I just don't work for that man again," one said, with a shrug.

Those who have filed complaints say the system often fails them. It can take months to recover unpaid wages. For families with no savings, that's too long.

Pushed to the brink

Jesus Hernandez believed in the system. He trusted that men and women in power, many of whom belonged to his religion, would help him.

When the system seemed to fail him, he felt insulted and betrayed. Pushed to the brink, he finally snapped. October 2003, West Valley City. The grass in front of the Hernandez home has turned brown and the leaves have fallen from the trees.

Jesus ties a tire swing in the back yard for his girls. His wife, Jasmine, plants tulips that will bloom in spring. This isn't the ghetto like people say.

One day, Jesus will own a mechanic shop. For now, he has business cards, and he hands them out wherever he goes. It is the only way, other than word of mouth, for an auto mechanic here illegally to drum up business.

In a few weeks, Jasmine will need surgery again, for the second time in six months, and will have to stop working. The youngest needs glasses. On top of that, Christmas is coming. Jesus must land a steady job.

He finds work with his father in Lehi, for a stucco contractor called Prestige Exteriors. They work long hours, every day except Sunday.

Pushed to the brink

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