Abuse of the Employers in Koreatown
Kim, Hong Joon

Koreatown is located between Creshaw Ave. and Hoover St. for its west and east boundary, and between 3rd St. and Pico Blvd. for its north and south boundary. On its north side, the Beverly Hills (the white community) is located, and on its south side, the South Central (the black community) is located. The Jews community is on the west of Koreatown, and the downtown is on the east. And the Hispanic community coexists in Koreatown. Koreatown is the mediating community of this multicultural city, Los Angeles (LA). Through Koreatown, I tried to see the bigger picture, LA. Although Koreatown is not the whole city, we can see the change of Los Angeles through Koreatown. There are many problems in Koreatown, such as conflicts between the first generation immigrants and their children, racial discrimination, crimes, and so on. Among them, I studied about the abuse of the employers in Koreatown. This is the one of the biggest causes, which gives a bad impression about Koreatown to people, especially the new immigrants. This affects Koreatown in many ways, and it also affects the whole city. Through this project, I want to introduce how the employers abuse their employees in Koreatown, and also the solutions for the problems. I also want to introduce an organization, Korean Immigrant Workers Advocates (KIWA) through this report. Chosun Galbi is one of the biggest Korean food restaurants in Koreatown. It is located at Olympic Blvd. and Western Ave.: the heart of Koreatown. These days we can see a picket line in front of the restaurant, Chosun Galbi. People from Korean Immigrant Workers Advocates (KIWA) - a nonprofit organization which helps Koreatown employees to keep and use their rights as employees - are trying to pursue customers to boycott this restaurant. KIWA believes that Myung Jin Park, the former head chef of Chosun Galbi, was fired illegally because he refused to sign an illegal document which would make him to be responsible for his own payroll taxes. Signing the document would designate Mr. Park, who worked 72 hours per week, as an independent contractor: this document would make Mr. Park to be unable to get workers' compensation and unemployment benefits. KIWA is asking the Chosun Galbi management either to rehire Mr. Park as a full time worker or to pay Mr. Park what he lost because of this. There are about 2000 Korean and Latino workers labor in over 200 Korean owned restaurant in Koreatown, Los Angeles. Since restaurant work doesn't require much English, it is the most common jobs for Latinos and Koreans who can not speak English well because either they just moved to America or too old to learn English. Under highly exploitative conditions, the workers are paid extremely low wages and work long hours in an unsafe workplace. They often face abuse and relation from their employers. It is true that this kind of problems exist not only in Koreatown but every society. However, this is the main cause that gives bad impressions about Koreatown to many people including Koreans themselves. Because of their bad experiences in work places, especially in business in Koreatown, many people have bad impressions about Koreatown and Los Angeles. And the followings are the most commonly violated labor laws by the Koreatown employers and the rights of the employees related to the law. I also included the examples and the situation of the employees in Koreatown. Workers Compensation If you get injured while you are working or get sick, you are eligible to apply for the workers compensation. Workers compensation pays for your wage during the period of time that you can not work. But, you must get injured or get sick at your work place or because of things related with your work or work place. You can get compensated either for entire life or for period time. When you are injured, usually you have to go to the hospital that your work place points. The doctor whom your company chose has right to treat you for 30 days before you change the doctor. After the 30 days you can change the doctor and the insurance company of your company pays for the hospital fee. It you change the doctor within first 30 days, the insurance company may not pay for you. There are two exceptions. One it the case of that you already informed in written form your employer that you want to get treated by a doctor you like before you get injured. Then, you can go to the doctor you want right after you get injured. But, in this case the doctor you want should be the doctor who has treated you before. The other is when you are either get injured or sick, if your employer refuse you to send to the doctor selected by the employer before, you can go to any one you like. It is against the law to fire you for missing work because you are sick. If you are eligible, you can get treated by a doctor until you get healed. When you become disabled, it is possible to get money. If you need to, you can get job training for the new job. Even though the employer doesn't have the workers compensation, you can get the compensation. Almost all employers should have the insurance. However, if he doesn't, the state government will recompense. The employer can not fire the worker for applying the workers compensation. When the worker misses work because he is injured or sick, being absent too much and causing many problems to the work by missing too much, the employer can fire his employee. Usually the employer has the rule that he will fire after certain numbers of day and should be told to you before. About 80% of Koreatown restaurants are not covered by workers compensation insurance. Even though it is a restaurant, which is covered, it covers only few people in the restaurant just to pretend as the business was keeping the law. Workers who are injured on the job are often forced to pay for their own medical treatments. They are often refused to get vacations to get medical treatments. They just have to keep working or get fired. The employer often illegally fires workers who file for workers compensation. Blacklisting The conduction of the employer's which the employee interrupts or oppresses the former employees from getting new job by stating against the employees is called black listing. Such a conduction of the employer violates the law and the law also affects to the proxy who did that for the employer. Lying, the tone of voice which causes misunderstanding about the former employee, and such an action are also stating against the employee. Many employees in Koreatown suffer from black listing. Many people are afraid to speak out about this because they worry about losing job. It is understandable that they worry. If they get fired from their jobs because they go against this, it is them who would suffer from losing job, even though it is a smart move in long term view. How can they make a living while the system changes? Therefore, they just decide to stay with it. The Korean Restaurant Association (KRA) with 200 members maintains powerful presence over the industry. The KRA often blacklists workers who have spoken out against the exploitative conditions in the industry. Rather than working to bring its member restaurants into compliance with labor and health and safety laws, KRA threatens to sue KIWA for trying to educate restaurant workers about their rights. Undocumented Workers Rights Under Immigration and Labor Law Undocumented workers are people who don't have legal right to work in the United States of America. They are usually called illegal immigrants. The labor law also protects these people. In 1986 the congress passed IRCA and this imputes the responsibility of finding the undocumented workers to the employers from the federal government. Hiring these workers is against the IRCA and it is responsibility of the employer not to hire them. It is against the law trying to get a job as the undocumented worker. However, he is protected equally with other legal worker s by the law once he gets hired like minimum wage, overtime wage, right to ask good condition to work, and so on. California DLSE is practicing a direction not to ask whether he is legal worker or not to any one who ask for help. Especially in Koreatown there are many undocumented workers. These people take jobs that many people avoid to take. Many Koreatown restaurants hire these people as bussers, dishwashers, and deliverers. First, they work hard. Secondly, they work for money, which are even less than the minimum wage. Many employers believe that they can do anything to them including refusing to pay (even though they did not pay the minimum wage) since they are illegal immigrants. To the illegal immigrants, the law is the scariest thing to face. They believe they would be kicked out from this country in the process of suing their employers. Also many of them even don't know how to speak English. Because of their poor English, they just give up to change the situation but to live with it. While I was interviewing people in Koreatown, I met a Korean woman who is a mother of three children. (I will not use her name since she did not allow using her name nor the work place name.) She moved to America six years ago as an illegal immigrant. She works at a Korean food restaurant as a waitress. She works about 12 hours per day and 6 days a week. However, she does get paid only the minimum wage. There is no overtime wage for her since she is an undocumented worker. She told me that she promised her employer not to ask for the overtime wage before she got her job. Because the employer was hiring her even though she was an illegal immigrant, the employer asked her to agree with that. I asked her that if she knew that it was illegal that the employer doesn't pay the overtime wage because she was an undocumented worker. She said she knew. However, she agreed because it was better than having no job. Her husband had not been work since he came to America. She had to work even for the worse condition. She could not starve her children. Independent Contractor Since you are working under an employer, you thought you were his employer. As you start to use the right of the employee, the employer starts to say that you were an independent contractor. Independent contractor is an employee who the employer doesn't take the responsibility of paying you the over time wage and some other benefits. Simply it is another form of a businessman. The employer must pay for the work the independent but doesn't have to treat you as an employee. However, as wrong as the one is depend upon the employer he is not an independent contractor. This is the most commonly violated law by the employers in Koreatown. Many employers try to make their employees as independent contractor, and many workers become the independent contractors without evening knowing. Minimum Wage and Tip Currently the minimum wage is $5.75 according to the California State law. Even the workers who get the tip should get the minimum wage. Only the case of receiving the training is the apprentice. In this case the employer can pay less than the minimum wage only for the first 160 hours. It is against the law that the employers delay paying their employees. But, many employers do this even though they know it is not right to do with various reasons. Instead of paying their employees in time, they favor to put their money in the bank for longer time. Many employees in Koreatown get paid less than the minimum wages. Especially, international students and old people who can not speak English and illegal immigrants suffer from this. Many international students are not allowed to work. Since the tuition is very expensive they want to do work while they study. Since it is illegal that they work, the employers use their weak point and pay less. Many international students still want to work with low pay. Tip should not be included in the wage. It has nothing to do with the employer. The employer should not take the tip and has no right to distribute. The employer should not consider tips as part of wage. Only the workers decide how to distribute. If the employer does not keep this law it is a misdemeanor and up to $1000 fine and up to 60 days in the prison or both. Over Time Wage There are three ways to get the over time wage. 1) Working more than 40 hours per week. If you have worked more than 40 hours per week, you can get the 1.5 times of wage for the time after 40th hour. 2) Working more than 8 hours a day. You can get 1.5 time of wage of what you earn per hour for the working hours after 8th hours. 3) When you work more that 6 days per week, you can get the over time wage. The seventh day of the week is considered as over time. You can not give up the right to get the over time wage. Even though the contract was made between the employee and the employer, it is still illegal. However if you work 10 hours per day and work only four day per week you can not get the over time wage. Split shift is having a period of time during the day, which gets unpaid but also doesn't work, besides the mealtime and the break time. When someone works for the minimum wage, he can get paid for one extra hour for having difficulty, caused from split shift. Ho Dong Restaurant Campaign: Ho Dong's owner, Hyun Jer Oh, refused to pay back-wages and overtime to former employees. Instead of paying the workers, the employer hired an attorney and went to the Korean Restaurant Owner's Association to complain about KIWA's involvement in assisting these workers. To scare and silence workers from demanding their rights, the Association president, Won Taek Kim, and Hyun Jer Oh targeted one former employee who found a new job at another restaurant. Won Taek Kim visited this restaurant and convinced the owner to fire the former Ho Dong employee. As he left the restaurant, Mr. Kim informed the employee that she would forever be blacklisted from Koreatown restaurants. KIWA is still fighting for these Ho Dong's former employees Korean waitresses, cooks and Latino dishwashers, bussers labor 12 to 14 hours a day, 6 to 7 days a week for wages as low as $2 an hour and without overtime pay. Workers who demanded better pay are routinely fired. Break Time It seems like the employers don't know how to read the clock. According to the labor law, all employees should get mealtime (at least 30 minutes), and during this time they must be free completely. When someone is working more than 5 hours, al least 30 min of mealtime. The employer doesn't need to pay for the meal time. They don't keep the work hours of employees. Many workers have to work during the mealtime if there are customers. The mealtime is even less than 30 minutes. They get no 10-min. break every four hours. This always violates the law. Dangerous Working Condition The chance of Korean gets a cancer of tongue is much greater than any other races. Most of Korean foods are extremely hot. It seems like some of the Korean foods are created to burn people's tongues. And many Korean people like hot food. Workers suffer a high number of accidents due to unsafe condition. Many restaurant workers often injured their backs from lifting and carrying dangerously heavy boxes and food trays. They are frequently burned by hot boiling soups and water. The way the waitresses carry the food is same as any ordinary Korean woman carries the food at home. However, it is a different story in the Korean restaurants. During the dinner hour, the restaurants are so crowded. Because the spaces between the tables are so narrow the waitress carry the food unsafe: it seems like they are doing circus. While they serving the food, they often get injured by hot boiling soups. Even though the employers know that the working condition is bad, they usually ignore the problem and don't try to change. Racial discrimination Discrimination in workplace is 1) is getting different treats than others because of your race, skin color, sex, nationality, marriage, physical disability, religion, health condition, and political belief. And these actions include refusing to hire you, different wage, firing, and so on. Racial discrimination is treating differently because of your race. The employer often verbally abuses especially many Hispanics, and in some cases they are even battered for not working fast enough. When I go to Korean restaurants, I often see Hispanic bussurs in the restaurant. Then, I see the employers order them in Korean. They have to guess what the employer says to them. However, the way the employer talk to them is very bad. When they tell the Hispanic workers, the way they talk to them is like that they are ordering to the dog or little kids. Many employers think that the Hispanics are less than they are. They even call the Mexicans "Mai-To-Ki", which means "grasshopper" in Korean. They usually put "-ya" after the Hispanic employers' name when they call. You out "-ya" after a name when you call someone, whom is much younger than you do or is very close. Of course, in this case it is the first one. Uniform When the employer requires the employee to wear to the uniform, it is the employer's responsibility to take care of them. If the employee did the washing for the cloth, the employer should pay for the washing. Generally it should be equal to wage of one hour. However, in many stores the employers force the employees to buy the uniforms. This violates the labor law. Most of big markets require their employees to wear the uniform. This doesn't violate the law, but asking to pay for the uniform is illegal. My brother has worked in a Korean market once. He was required to buy the uniform. When he quit the job later, he resold the uniform to the market. However, the market paid less money for it than he paid when he bought. Hiring Minors It is against the law to hire high school students who are under 18 years old more than 25% of the number of the total employees. And the high school students should get the work permit from their school. The minimum wage for the minor is currently $4.89 (85% of the minimum wage). Many small businesses, such as gift shops and music studio, hire minors because they are cheaper to hire. However, they hire almost all of their employees with minors. They don't even require the work permits from the high school. Some stores pay even less than $4.89 because they are minors. The minors still want to work for small money. KIWA was established on April 1992 to protect the rights of all employees in Koreatown and to prevent problems caused by the illegal treatment of the employers. KIWA is organized with 7 full-time staffs, 1 part-time staff, some interns and some volunteer workers. KIWA provides legal services to immigrant workers on workplace issues raging from unpaid wages and overtime and minimum wage violation to workplace injuries. KIWA provides the following programs. Workers' Self Help Guide - this is a legal step by step guide for workers pursuing workplace justice through various judicial and administrative proceedings. The full guide and its annual updates can be purchased from KIWA. The relevant portions of the guide will be provided free of charge to walk in clients. Prioritization of services in favor of cases that impact the entire workplace through organizing campaigns, as opposed to individual cases. Free Legal Clinic - this covers tenant rights, government benefits, and the labor law is still held on the 2nd and 4th Fridays of the month from 1 to 3 p.m. People can come freely ask what they want to know about the labor know and learn what they should know and do. KIWA also provides education to empower and nurture leadership among immigrants workers. Workplace Literacy (WPL), Computer Literacy (CL), and Workers' Fellowship classes are the examples. KIWA believes that the poor English and talent of the many workers in Koreatown are the biggest cause that allow the employers to abuse the employees. KIWA try to solve the problems from the root instead of just trying to stop the employers from violating the law. KIWA also offered monthly on topics raging from occupational safety and health to sexual harassment. KIWA organizes many campaigns. KIWA impacts workplaces in immigrant communities by organizing workers and as Sistine them in bringing their issues to employers and the larger community. With KIWA's help all former workers won judgement in small claims court against IPM Group (a telemarketing of long distance services) for unpaid wages. Workers are in the process of collecting their wages. What can the employees do about blacklisting? When you are black listed by the employer you can sue the employer. But, the problem is lack of the evidence. It is very a very rare case that one can prove that the employer blacklisted him. Usually the employer only finds out about that he was fired quickly from the workplace that were guaranteed, never imagined that he would be fired. Because of this it is very important to prevent the blacklisting happen to you before. The best way to prevent being blacklisted is getting the recommendation from the former employer before quitting or losing job. If you presume that you are going to lose your job, you should get the signature of your employer on the recommendation to give to your new employer. It is to prevent giving a chance to your new employer to listen to your former employer's statement against you through the phone. You are supposed to turn in the recommendation in person. The wise way is that you write your own recommendation and get the signature later. Maybe it sounds weird to write your own recommendation, however it is the best way to make it written right and fair. When you leave your work place, do not say badly to your employer nor act badly. If the former employer is very bad and refuse to sign on the recommendation, tell the new employer about this. Tell him honestly that you had the conflicts with your former employer and therefore it will be almost impossible to get a good recommendation. By making your new employer to expect bad statements from your former employer, it can reduce the bad effect of the recommendation of your foamier employer. It is very important that the employers abide by all applicable laws and treat the workers with dignity and respect. However, it is more important that the employees themselves try to learn about their right and effort to protect their right. Many people don't even know that they are abused. Even thought they know that they are abused, they don't know where to get help. Creating and advertising more organizations like KIWA is also necessary. And the most important thing is our individuals effort to know what is going on in our community and will to fix the wrongs. Especially, restaurants are extremely sensitive to consumer pressure and so people's support is critical to improving the working conditions throughout the industry. From the moment that we try to change the society with our will and effort, Los Angeles will become the real city of angels.