August 31, 2001
Youthful Peddlers Swindled
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Yadira
Rodriguez and Margarita Parra.
(LORI
SHEPLER / Los Angeles Times ) |
Modern-day Fagins
hire children for grueling door-to-door sales, then pay
them little or nothing. Officials say the labor law violators
are hard to catch and prosecute.
By CARLA RIVERA,
TIMES STAFF WRITER
Thirteen-year-old Margarita Parra was looking to earn some
spending money, and the flier she spotted on a fence in
her South-Central Los Angeles neighborhood seemed to offer
a fun way:
"TEEN JOBS.
EARN UP TO $125 A WEEK AND MORE. PLUS! WIN PRIZES, CASH
BONUSES AND TRIPS TO MAGIC MOUNTAIN, UNIVERSAL STUDIOS,
KNOTTS . . . ALL TRANSPORTATION PROVIDED."
 |
Juan Garcia, who helped start probe of a child labor
scam, works for UCLA program to teach young workers
their rights.
(KEN HIVELY / Los Angeles Times) |
She called the
number and two days later a van belonging to a group called
Tomorrow's Future picked her up. She spent the next two
weeks knocking on doors in far-away neighborhoods, urging
residents to buy cookies and candies at $6 a pop. Following
a script from her bosses, she told customers the money would
help her stay away from gangs and drugs and win her prizes.
In the end, she was paid nothing and there were no theme
park trips. And the money she took in flowed to a shadowy
business, not a nonprofit.
Margarita's story
is a familiar one to officials trying to crack down on a
burgeoning child labor practice that they say exploits youngsters,
even exposing some to fatal accidents. Government investigators
contend that the adult crew leaders and those who run the
operations are raking in as much as $1 billion annually
in untaxed sales revenues nationally while many youngsters
are left empty-handed.
An estimated
50,000 minors, some as young as 8, peddle goods on any given
day on street corners, in front of supermarkets and on front
porches from coast to coast.
Many work for
outfits that present themselves as charities when in fact
they do not have tax-exempt status and their proceeds do
not support programs that help youths.
Of course, not
every child selling on the street is working for a modern-day
Fagin, officials point out. Many are legitimately selling
candy as volunteers for churches, schools and charities.
But thousands
of other children are exploited for their labor, working
more hours than allowed by law, being underpaid or not paid
at all and working in unsupervised, often dangerous conditions,
prosecutors allege. The younger their age, the more heartfelt
their appeal to unwary consumers, they say.
"How many
people think it's safe for their own kids to ring doorbells
in strange neighborhoods?" asked Darlene Adkins, who
coordinates child labor issues as vice president of the
National Consumers League. "They're out late at night
and in all kinds of weather."
On many street
corners, especially in low-income black and Latino neighborhoods
and around schools, fliers can be spotted advertising such
work. They usually list telephone numbers that invariably
turn out to be pagers. They rarely mention a business name.
"They are
very difficult to deal with from an enforcement perspective;
they're very elusive," said Corlis Sellers, the U.S.
Labor Department's national child labor coordinator. "By
the time we get a complaint or a sighting and send someone
out, [the operators are] usually gone."
To help improve
enforcement, a national conference will convene next month
in Atlantic City to consider how federal and state authorities
can better coordinate regulation of labor laws, including
door-to-door sales by children.
Margarita Parra,
now 15, entered that world two years ago. During her first
phone conversation with recruiters, she was told the work
would be a great way to get involved in a nonprofit community
group.
"They gave
us a script to memorize that we were supposed to read to
customers and they said this was our training," said
Margarita, who will be a sophomore this fall at King/Drew
High School and has been active in a government action against
Tomorrow's Future. "They said they would deduct $50
from our pay for training, but they never explained anything
to us."
According to
her accounts, the van that picked her up carried five or
six other youngsters, some of whom had to pile into the
back where there were no seat belts. They were taken downtown
and to neighborhoods in North Hollywood and the San Fernando
Valley where they had never been before.
Margarita worked
from 3:30 to 9:30 p.m. on school days and from 8 a.m. to
8 p.m. on weekends selling chocolates, fruit-flavored candy,
Pokemon toys and cookies with no adult supervision, no rest
breaks, no food money. She was expected to ask the strangers
on whose doors she knocked for water and the use of their
toilet.
If the children
didn't sell enough, they were punished. One boy, she said,
was made to sit in the hot van all day.
"One time
they left a girl [in a far-off neighborhood]. She was new
and only sold one item so they got upset. They kicked her
off the van, gave her some change and told her to go home.
We had come on the freeway, so it was a pretty long way,"
she said.
Margarita quit
after two weeks. When she asked for her earnings--$1.50
for every item she sold--she was told she'd be paid that
night. She got nothing.
A few months
later, Margarita and a friend mentioned their experiences
to Juan Garcia, 21, a youth organizer for the nonprofit
group Concerned Citizens of South Central Los Angeles. Garcia
brought it to the attention of the state labor commissioner's
office, which filed a complaint on behalf of seven teenagers.
After nearly
18 months of investigation, two of the Tomorrow's Future
employees were tracked down. Twenty-year-old Orlando Sanabria,
whom the youngsters identified as one of the van drivers,
pleaded no contest in December to a misdemeanor charge of
transporting a minor more than 10 miles from home without
a permit. Sanabria was fined $540 and placed on probation.
The operator,
Jesse Banerjee, 31, was charged with 42 criminal counts
of labor code violations, including paying less than the
minimum wage, failure to obtain work permits or register
with state labor authorities, and requiring the employees
to work excessive hours. Each misdemeanor count carries
a maximum penalty of six months in jail and/or a $1,000
fine. Banerjee disappeared before a court hearing and a
warrant was issued for his arrest.
State labor officials
calculated that Tomorrow's Future owed the seven victims
in the lawsuit $5,579 in back wages.
Some proponents
tout door-to-door sales as a good learning experience, especially
for youths living in poor areas, where job opportunities
are limited.
But it often
is difficult for young people and their parents to separate
the legitimate from the bogus.
Three Los Angeles
high schools are trying to educate young workers about their
rights through a UCLA curriculum called the Labor Occupational
Safety and Health Young Worker Project. It covers such issues
as safety, sexual harassment and door-to-door sales, said
Garcia, who works for the project.
California is
one of 17 states that place some restrictions on peddling
by youths. Employers of minors engaged in door-to-door sales
more than 10 miles from their homes are supposed to register
with the state labor commissioner. But according to officials,
not a single company holds a permit in the state. The one
application submitted was denied because of the criminal
background of the applicant, said Dean Fryer, a spokesman
for the California Department of Industrial Relations.
Those under 16
employed by for-profit businesses in California can sell
door-to-door only if they do so in pairs, are within sight
or sound of an adult supervisor every 15 minutes and are
paid at least the minimum wage. Minors employed to sell
or deliver newspapers are exempt from such restrictions.
Part of the problem
facing labor agencies is limited manpower for enforcement.
California's labor agency has about 100 field investigators,
but none dedicated exclusively to child labor problems.
Other states
have banned such for-profit sales outright. Nevada last
year outlawed peddling by those under 16, but state law
allows children to volunteer for nonprofit groups such as
the Girl Scouts.
Nevada authorities
acted after several disturbing incidents, including the
death of a 10-year-old candy vendor who was struck by a
hit-and-run driver as he tried to cross a street after 10
p.m. In another case, an adult crew leader driving a vanload
of children ran over and killed a security guard.
Federal Legislation
Targets Con Artists
Missouri lawmakers
last year introduced legislation that would have banned
door-to-door for-profit sales by anyone under 18. It failed,
but backers hope to try again in the next session.
Federal legislation
introduced this year by two Democratic senators--Herbert
Kohl of Wisconsin and Edward M. Kennedy of Massachusetts--would
forbid overnight sales trips for those under 18. It is before
the Senate Committee on Health, Education, Labor and Pensions.
That proposal
stems from an accident two years ago in Wisconsin in which
seven members of a sales crew, including two 16-year-olds,
were killed when the van in which they were traveling crashed.
Documents disclosed
that the crews typically made $15 for 12 hours of work.
The Wisconsin youths said they were choked for insubordination
and fined for falling asleep in the vans. Others told of
being abandoned in strange towns if they talked of quitting.
Florida authorities
in the last two years broke up peddling groups in which
the operators had criminal histories of trafficking in drugs,
procuring prostitutes, vehicle thefts and drunk driving.
"These people
are not there to facilitate the growth of kids, but to profit,"
said Francisco Rivera, a child labor lawyer for the state
of Florida.
Florida investigators
obtained documents from one peddling operation indicating
that the operator was making between $100,000 and $150,000
a year, figures that Rivera considers grossly understated.
Sales receipts
from another group in Panama City, Fla., showed that it
had links to operations in Detroit, Chicago, Des Moines,
Boston, Cincinnati, Albuquerque, Milwaukee, San Bernardino
and Moreno Valley, authorities said.
"Kids are
being taught to be con artists; they know they're lying,"
Rivera added.
But the young
people in the Los Angeles case say they signed on with good
intentions.
Yadira Rodriguez
was 17 and attending Fremont High School when she began
working for Tomorrow's Future, joining her then-15-year-old
brother, Noe. She was on school break and worked from 10
a.m. to 9:30 p.m. The crew leaders promised free trips and
prizes.
But Rodriguez
was unsettled from the start.
"Almost
every day I felt scared walking on the streets alone,"
Yadira, now 19, said. She remembers that on occasion the
kids would get 99-cent hamburgers but only one large soda
to share among them all. And one time a little boy was lost
by the van driver only to be found hours later, scared and
crying.
All the while,
her mother, Guillermina Gonzales, was growing more concerned
about her children and angry about their work experience.
"The fliers
said it was to keep kids off drugs and out of gangs, and
that's what parents want for their kids also," she
said.
Yadira and Noe
quit after a few weeks and were never paid.
Deputy City Atty.
David Shepherd, who prosecuted Tomorrow's Future, conceded
that it will be hard to find Banerjee, one of the men authorities
say manipulated the youngsters.
"Unfortunately,
it's typical in a misdemeanor case. There are so many felons
on the loose who get priority."
Yadira Rodriguez
and Margarita said they don't expect to see any of the money
owed to them. But they do hope to see Banerjee in court
one day.
"I hope
he gets caught," Rodriguez said. "I feel like
he's doing this somewhere else, making good money off kids."
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