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High-Tech Sweatshop Project
ERA found through its research on immigrant women and welfare
reform that many Bay Area immigrant women, as part of CalWORKs
Work First Approach, are being pushed into low-paying, high-risk
electronics assembly work. Similar to the garment industry,
the structure of the electronics assembly industry is a pyramid—multibillionaire
computer companies are at the top of the pyramid, electronics
contract manufacturers are the middle-companies and the electronics
assembly workers are at the bottom of the pyramid. Such a
structure breeds exploitation, especially in this global economy
where the contract manufacturers in the U.S. are competing
with overseas companies that use even cheaper labor.
Electronics assembly workers engage in repetitive motions
all day long, handling small parts and dangerous chemicals. They
are sometimes paid by the piece, which does not amount to
minimum wage. They are exposed to noxious fumes and the smoke
of soldering irons, which can result in long-term health problems.
Studies show the manufacturing industry average reported illnesses
and injuries as 14.3%, the electronics industry as 20.5% and
the semiconductor industry as 30.2% in 1995.
According to Census data, women comprise 65% of electronics
assembly workers in Santa Clara County, the heart of the Silicon
Valley. Their dilemma highlights one of the starkest ironies
underpinning Silicon Valley’s technological boom. Over the
past decade, the top 100 Silicon Valley executives’ pay grew
by 390%. In contrast, the average annual income of production
workers in the electronics industry declined by 6%. A full
55% of Silicon Valley jobs pay too little to support a family
of four.
The use of “homeworkers” in the electronic assembly
industry is also a significant problem. Homeworkers
are those who assemble parts at home, sometimes after working
a full day at the factory. Immigrant women and their
family members, including children, are performing assembly
and repair work in their kitchens and garages without proper
ventilation equipment or safety protections. Homeworkers are
often paid by the piece, which typically does not add up to
minimum wage. They are not paid overtime.
In certain cases, homework violates health and safety regulations,
wage and hour laws and child labor laws. Companies
often attempt to circumvent these laws by requiring homeworkers
to obtain a business license, thus making homeworkers appear
as independent contractors, rather than an employees. With
such an arrangement, companies illegally avoid paying overtime,
benefits and employer taxes. ERA and Asian Law Caucus
successfully challenged the illegal homework practice in the
electronics assembly industry in Kamsan
Mao v. Top Line Electronics and Lite-On Corporation.
This case generated significant media
coverage.
ERA plans to continue targeting the computer and electronics
assembly industry to correct labor and employment violations
that overwhelmingly affect low-income, immigrant women. The
High-Tech Worker Rights Initiative, a newly-formed collaborative
project of ERA, Asian Immigrant Women Advocates (AIWA) and
Services and Immigrant Rights and Education Network (SIREN),
hopes to assist other electronics assembly workers to enforce
their rights to decent wages and safe working conditions,
and to be free from gender, race and national origin discrimination.
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