Caitlin Mallory
ÒMy Low Wage LifeÓ project
English 2, Spring 2007
Prof. Bousquet
Made in America: Garment
Workers in the Bay Area
I can remember my
quest to find the perfect eighth grade graduation dress; it was six years ago,
and I had taken Bart to San Francisco's Powell Street, where I found myself in
the heart of the city's shopping district. I visited all the high-end designer
stores, like Jessica McClintock, and marveled at San Francisco's incredible
glamour. I had no idea that not too far away, women were sewing dresses like
mine, working long hours in stuffy rooms, earning perhaps two dollars for the
dress that I had purchased for over one hundred. Nor did I realize that
students from Berkeley High School, which I would soon attend, had organized a
successful boycott against Jessica McClintock. The designer had refused to take
responsibility when the local sweatshop that produced her gowns abruptly
closed, denying the workers, the mothers of my Berkeley High classmates,
several months pay.
I learned recently
that there are apparel factories in the Bay Area that amount to sweatshops. I
discovered that garment workers are barely able to survive in the Bay Area,
much less purchase for their daughters the very gown that they made. This not
the Bay Area in which I want to live the rest of my life. I do not want to live
in a place so divided between "haves" and "have-nots," in
which a few people become multimillionaires at the expense of the rest. The Bay
Area that I want to live in is the one that many San Franciscans have been
fighting for since the 1960's: a place where all residents live comfortably and
in equality. Unfortunately, despite the progress that has been made and the
tremendous efforts of many citizens, we still have a long way to go. The
garment industry exemplifies the racial, ethnic, gender, and class
discrimination that still exists within the Bay Area and the United
States. It is up to us, citizens
of the Bay Area and everyone else who wants to live in a just society, to
continue the fight for human dignity.
As garment worker Lin Cai Fen puts it, "Unless we fight for our
human rights, we can never change our fate. But the most important thing is that
we, as immigrant workers, should stand up for our human rights and link our
arms with other workers, immigrants, women, poor people, minorities, the
homeless, and everyone else that is fighting for a decent life. We Women must
stand up now!"
(4, page
47).
The struggle must
begin with knowledge; until recently, I did not realize the prevalence of
sweatshops in America today. Like
many others, I associated the term with child labor in China, or large garment
factories of the late nineteenth century. In fact, there are sweatshops in
America now, and thousands of mostly female garment workers work under dismal
circumstances quite similar to those of the early 1900Õs. In cities like New
York, Los Angeles, and San Francisco— known for their flashy, high-end
fashion districts— those producing the clothes work under far less
glamorous conditions. The United
States Government Accounting Office defines a sweatshop as "an employer
that violates more than one federal or state labor, industrial homework,
occupational safety and health, workers' compensation, or industry registration
law." Of the roughly 22,000 American garment shops operating in 2001, over half would
have qualified as sweatshops by this definition (4). To understand the nature of the abuse and exploitation that
takes place in garment factories, it is necessary first to look at the
structure of the apparel industry, and the factors that have contributed to the
ÒreemergenceÓ of sweatshops in America since the 1970's.
The apparel
industry is organized in a hierarchical system in which garment workers make up
the very bottom rung, and are at the mercy of every level above them. At the top of this pyramid of power and
profit sit retailers, like Nordstrom or Wal-Mart, who are one step above
manufacturers, like Gap or LeviÕs. Retailers will often sell their products to
costumers marked up twice what they paid the manufacturers. Manufacturers
profit greatly as well, by subcontracting the assembly of their clothing to
small plants and factories, choosing to hire whichever can provide goods at the
lowest cost and with the greatest efficiency. The subcontractors, who are in constant competition to keep
costs as low as possible, directly employ garment workers. It is within these assembly plants that
most abuses and wage violations occur.
One can get a better sense of this hierarchy by looking at the distribution
of profits in the sale of a one hundred dollar dress: the costumer pays one
hundred dollars to the retailer, who makes $50 dollars profit; the manufacturer
gets $35, but profits $12.50 after paying for fabric; the subcontractor earns
$9, after paying the workers a total of $6 for all their labor (1, page
2).
Ironically, the
pyramid of responsibility is quite the opposite of that of power and
profits. Traditionally,
contractors were solely responsible for the conditions under which their
employees worked. Manufacturers
and retailers had no legal responsibility for regulating the safety, payment,
or treatment of the workers who produced their clothing line. Manufacturers claimed they had no idea
what was occurring at their subcontractorÕs plants, and it was not their
problem anyway. The ability of
manufacturers to completely dodge responsibility appears to be slowly changing
as consumers have put increasing pressure on companies like Nike, known to be
involved with sweatshops. Furthermore, some laws have been enacted demanding
manufacturers and retailers ensure that garment workers receive their due wages
(9). Nevertheless, manufacturers still hold a great deal of power by effectively setting the prices within
the industry. For the sake of
comparison, Tommy Hilfiger reportedly earns an annual salary of $22.4 million,
while garment workers in 1999 fell below the poverty line, making on average
$16,090— a figure that represents the legal wage, and does not take into account any illegal practices by employers
(7, page 37).
Sweatshops were
first introduced to the garment industry during the industrial revolution of
the late 1800's. Like modern day sweatshops, the workers were mostly female
immigrants, who worked long hours in terrible conditions at very little pay.
Many people associate the term "sweatshop" with two major events in
the history of United States apparel manufacturing. The first was the 1909
strike of shirtwaist factory workers, the first major strike by female workers
in America. The second was the Triangle Shirtwaist factory fire of 1911, which
killed 146 garment workers; dangerous physical conditions are reported in many modern day factories. With help of unions and governmental legislation
enacted by the New Deal, sweatshops began to decline in the 1940Õs and the next
several decades (7, page 86).
The "reemergence" of
sweatshops began in the 1970's, and can be attributed, at least in part, to
"new global capitalism."
The
"flexibility" of the global capitalism is often praised for
encouraging business and trade, but the benefits it provides for corporations
have dire consequences for those at the bottom of the garment industry
hierarchy. For example, instead of producing mass quantities of similar items
in gigantic factories, a more diverse assortment of garments is being made in
smaller apparel plants. This means that manufacturers can pick which garment
factory it will subcontract work to based on a number of factors, including
cost, efficiency, and proximity to the manufacturer. But what does this mean
for garment workers? First, it leads to job insecurity, part-time, and seasonal
work, as manufacturers pick and chose which plants to hire throughout the year.
In addition, it makes unionization more difficult, because garment workers
often must transfer from job to job. Furthermore, small factories are less
highly regulated by the government, and the competition between U.S. and
worldwide suppliers leads to labor violations and pathetic wages. New global capitalism has also
caused a large immigration towards more industrialized countries. The apparel
industry has seized upon the perfect workforce for exploitation: female
immigrants, arriving in America with little proficiency in English and in
desperate need of work (1, page 15).
The majority of
garment workers in the United States are female immigrants from South America, East Asia, and the Caribbean (5,
page 1). In a 1990 study conducted in Los Angeles, home to CaliforniaÕs largest
apparel industry, 94 percent of garment workers were immigrants, and over 85
percent did not have United States citizenship (1, page 173). The San Francisco Bay Area has the
second largest garment manufacturing industry in California, and has a
predominately Chinese workforce (3, page 6). The "typical" garment worker— a female,
perhaps undocumented immigrant, unable to speak English, lacking education, and
likely coming from a low-income background— is particularly vulnerable to
abuses from oppressive employers.
Immigrant women represent a large portion of the labor force, partly because with their husbands usually working in "unskilled jobs," unable to earn a "family wage," an additional source of income is needed to support the family (5, page 9). Says Miriam Louie, "In the Asian community, despite low wages and onerous working conditions, necessity drives many immigrant women to become bread or 'rice winners'" (5, page 5). A 1992 survey of 166 Bay Area garment workers, conducted by the Asian Immigrant Women Advocates, found that every woman interviewed had children, and twenty percent had at least four. In Oakland, California, most of the garment workers are between the ages of 45 and 54, and half have children eighteen or under. Often times their children are still living in China, which may be the only way the families can manage. Between bringing in a mere $5.60 per hour, working over sixty hours a week, and lacking childcare, leaving their children in China may not be a choice, but a necessity (3).
Immigrant workers
often feel that the greatest obstacle they face is being unable to speak
English; workers who do not understand English are less likely to know their
rights, and more likely to be taken advantage of by employers. Said garment worker Cai Fen, ÒNow I'm
learning English so I can be more effective in this society. Before when people
yelled at me for not understanding them, I couldn't say anything. I felt just
terrible. Now at least I know enough to say, "Hey, why do you help me
learn?!" (4, page 46) The women are put in a bind: to learn
English they must attend classes, but in order to support their families, they
must work such long hours that getting to school would be nearly impossible.
The community advocacy group Asian Immigrant Women Advocates
has addressed this problem by offering school on Sundays, which
may be the only time seamstresses have off.
Garment workers
notoriously work long hours; the 2002 study of Oakland garment workers found
that more than one third worked over fifty hours per week (3, page 14). Over
half of sweatshop employees receive no break time and work six or more days per
week, without overtime pay (5, page 9). This exhausting work schedule leaves no time for family, education, or
hobbies. One worker
lamented that to have hobbies you need money. Another explained, "You don't even have time to visit friends, clean your house,
and cook like you're supposed to" (4, page 36). Another seamstress, Jenny
Chen echoes,
"For the younger women like
me, we often wish that we could just go to school and get some different kind
of work. Lots of times you're not even getting paid, but you have to go in to
work on Sundays. Then you've got to look at the boss's face. yuhhh! You just
wish you could be doing something else. And you don't have any time to spend
with your kids. I heard from my friends in San Francisco that the price is no
as good as here. You go to work earlier and get out earlier, right? Here work
varies a lot and you still see lights on in the shops at night. My daughter's
friend's mother works in the day, comes home to feed her kids, then goes back
to work at night. She's always tiredÓ (4, page 29).
In a survey by the
Asian Immigrant Women Advocates, the top three issues that the women
seamstresses said they would like to see addressed immediately were health
insurance, the minimum wage, and annual wage increases. Garment workers are often paid on the
piece-rate basis, meaning that instead of earning an hourly salary, their
income is determined by amount of tasks they complete. The rate per piece is
typically very low— six cents for hemming a skirt, eight cents per belt
loop (1, page 177). Piece rates are determined by garment prices that the
designer or manufacturer has agreed to pay; there is little room for
subcontractors to negotiate, as manufacturers can simply turn their business
elsewhere (8, page 83). In addition, contractors are known to lower piece rates
when workers are becoming "too productive." The belief that workers
should always be paid the bare minimum is held by many employers, and amongst
Americans at large, who consider it a moral law that a large gap separates the pay of a laborer with that of a businessman (1, page 180). Although California and federal law mandate
that employers pay workers minimum wage and overtime, irrespective of whether
or not the worker completes enough pieces to make that amount, contractors
frequently evade the law. When state minimum wage is increased, employers may
insist that workers increase their rate of production, leaving the piece-rate
the same (8, page 79).
The piece rate
system also encourages self-exploitation,
because workers can to some extent control the amount of money they earn. In
order to complete as many tasks as possible, workers are likely to work long
hours at intense speeds (1, page 179). Many workers are reluctant to change to
an hour-based salary, because they feel some sense of control over their
salaries working in the piece-rate system. The piece-rate system often induces
competition within the workplace, with faster workers feeling a step above the
less productive. Some employers encourage this competitive atmosphere as
well.
Garment worker Bo
Yee explains,
"The boss' wife created a tense, competitive atmosphere
between the workers. She would praise some people and downgrade others. Because
of my experience, I can work faster than newer workers from China who are not
as skillful. They would sacrifice their lunch and break time to try to catch
up... They were getting people to exploit themselves. How disgusting! I hate
this!" (4, page 50)
As if the long
hours and dismal payment weren't bad enough, garment works often do not receive
medical insurance, and are denied paid holidays, sick days, and vacation time
(1, page 183). The majority of workers do not get worker's compensation, and
employers do not tell workers what they are entitled to. The same is true for
job security: workers do not know their legal rights, and are fired without
warning and for any reason, such as being "too slow" or for
complaining about the piece-rate or work conditions. Women who become sick or
have children are not guaranteed a job when they return (1, page 183). Even
when they do have a job, workers are employed on a need basis— they put in
dozens of hours a day during busy periods, and other times have no work at all
(1, page 188).
Lack of health
insurance is alarming, especially considering the dangerous physical conditions
of garment shops and the strain that sewing hours on end places on the
body. Factories are often located
in high-rise commercial buildings or warehouses, but some are found in garages
and other "out of view" locations (1, page 176). Fires would be
disastrous because of the dangerous conditions including blocked exits, doors
opening the wrong way, and uncapped gas lines. In a 1996 survey, 72 percent of
all apparel factories were found to have major health and safety violations. In
addition, the repetitive tasks of the job induce eyestrain, back problems, and
hand injuries. Workers wear masks to prevent asthma, which can be triggered by
the heavy dust and chemicals that fog the air (1, page 177). Almost every
worker in a 2002 Oakland study reported problems with their workstations,
uncomfortable seating being the highest concern (3, page 16). 99% of those
surveyed had muscle pain, while other prevalent problems included headaches,
eyesight, allergies, and swollen legs. Nearly all the women said that their
pain was problematic in carrying out some of their daily activities, including
work, sleeping, housework, bathing, and dressing. Yin Wu Lee testified in 2000,
"I have been sewing for nine
years, since I came to America from Hong Kong in 1991. We work 10 hours a day,
six to seven days a week in my factory. We commonly suffer from overwork
injuries such as backaches because we are constantly hunched forward, our foot
pressing the pedal and hands passing clothes through the needle on the sewing
machine. I get no break time, adding to the strain on my body. We do not have
health insurance in our sewing factory. Since we do not get health care, we
just endure the pain and hope that it will eventually go away...Ó (3, page 19).
In addition to
physical health problems, workers suffer from psychological abuse used by
employers to dominate their employees. One worker explains,
ÒThe bathrooms are outside on our
floor. In the factory where I work almost everyone is from Ecuador. Those
people work hard. And since they are very far from their land, they come and
are afraid of losing their jobs, so they enslave themselves. Almost no one goes
to the bathroom, they feel embarrassed. The bathroom is outside. They have to
leave the factory, go to the hallway. It's a bit dangerous because anyone can
enter the bathrooms" (7, pages 20-21).
Why is it that in
many descriptions of sweatshops, workers cite horrendous bathroom conditions
and the degrading regulation of bathroom visits? Robert Ross, author of Slaves
to Fashion, provides two explanations: the
first is that subcontractor are trying to promote more profits by limiting
bathroom time either forcefully or by keeping restrooms in such horrible
condition that people will not use them. The second, more convincing argument
is that this form of abuse is really about employers holding complete control
over workers. Ross explains, "the regulation of bathroom behavior, the use
of foul and demeaning language, even the neglect of bathroom facilities all
dehumanize and intimidate workers, especially women, and keep them feeling weak
and thus without recourse. Control and degradation of the woman worker's body
are part of a regime of control. To have control over a person is to exert
power" (7, page 23).
Employers also may use a worker's immigration status as a source of control.
Employers, who ironically are often immigrants themselves, routinely threaten
to report undocumented workers to the Immigration and Naturalization Service.
Another problem is that while workers pretend to be doing an undocumented
worker a "favor" by hiring her, in response, the worker is made to feel obligated to comply with the boss and never speak out against him (1, page
193). Garment workers have admitted to the AIWA that they do not report true wages and hours to authorities out of fear of retribution. These fear tactics are quite successful in keeping workers silent
regarding abuses and minimum-wage violations. Workers also report that their bosses shout at them and use abusive language. One
worker testifies, "At my work, my boss sometimes shouts at innocent
people. I think he really wishes he could hit us. We can only guess because we
don't understand him... He treats us like we are animals" (1, page 190).
Oppression like
this is of course intolerable anywhere, but I am especially horrified that it
continues to occur in the Bay Area, a place that I always considered to a step
ahead of the rest of the nation in terms of civil, immigrant, and gender
rights. In the next section, I
will discuss the recent history of the Bay Area garment industry. The situation appears to be changing,
and hopefully some aspects are improving due to recent legislation and activism (9). In a 1982 study, Loo and Ong found
that 47 percent of women who lived in Chinatown and held jobs outside the home
were garment workers. By 1990, there were an estimated 30,000 Bay Area workers
operating sewing machines in 478 shops registered in San Francisco, and another
150 factories throughout the East Bay.
One of the most
infamous Bay Area sweatshop cases began in 1992, when Bo Yee, Fu Lee, and their
co-workers were laid off without warning by the Lucky Sewing Company and
denied months of wages. Upon
finding that the dresses they had made for $5 sold for $175 by designer Jessica McClintock, the garment workers banded together with the
Asian Immigrant Women Advocates community labor group to demonstrate against
the company. In an attempt to appease the workers and settle the dispute
quietly, Jessica McClintock offered a sum of money, provided that the company
would not be held responsible for the missing wages. The contractors
essentially blacklisted the workers by publishing the names of those who would
not sign the contract. This act
angered the women further. Eventually the garment workers won some of their
wages back, and additionally received an educational fund and a scholarship
fund for workers and their children (4, page 42).
By 2002, the
estimates dropped to roughly 12,000 garment workers in the San Francisco Bay
Area (though some report numbers as high as 20,000), but the region still had
the third largest garment industry in the nation, following Los Angeles, home
to 80% of America's garment workforce, and New York (3, page 6). Between fifty
and seventy five percent of manufacturers were small sweatshops, with three
quarters employing less than twenty people, and almost half employing four or
fewer (3, page 6). Many of these small factories resided in San Francisco, Oakland Chinatown, and
"China Hill," a cheaper area outside Chinatown, where many
Vietnamese, Cambodia, and Chinese immigrants reside (5, page 6). Garment
workers also lived in neighboring cities including Alameda and San Leandro.
In 2005, the San
Francisco Chronicle reported that the number of garment workers had decreased
to 3,500.[1]
Local factories were being forced to close down, as manufacturers increasingly
subcontracted work to cheaper factories in other countries. The three largest
garment manufacturers in San Francisco, Levi Strauss, Gap, and Esprit, now have
most of their production carried out in other countries (4, page 33). This
increase in offshore production was fostered by the expiration of a global
system of quotas, which had placed restrictions on clothing coming in from more
than one hundred member countries of the World Trade Organization, including
China and India. The closure of Bay Area factories highlights the job
insecurity that garment workers must endure. In addition, while many workers
were laid off with the decrease in San Francisco's garment industry, most did
not know that they were eligible for federal training and unemployment
benefits.
While many
manufacturers are increasingly outsourcing their production to offshore
companies, there are still exploitive garment shops in the Bay Area today. In
February, 2007, the Department of Labor reported that San Francisco company
"Reuben's Garment Cutting and Marking" was forced to pay $66,066 in
withheld wages to 57 employees. The contractor reportedly did not record the
full number of hours worked by the employees, paid them in cash on Saturdays,
and denied them overtime pay.[2] In March of 2007,
the Economic and Employment Enforcement Coalition visited 24 garment plants in
the San Francisco area, issuing citations for "no workers' compensation,
not taking required payroll deductions, not requiring proper work permits for
minors and not paying proper minimum wage.[3]" Clearly, the issue of garment worker
exploitation has not yet been eradicated.
While it is easy
to point at the subcontractors as the "evil" wrongdoers in the
garment industry, I think we must also take a closer look at the United States
government and its relationship with big businesses. First, it is evident that
the government is not doing enough to protect low-wage citizens; personally, I
believe that the minimum wage should be a "living wage." In a nation
as wealthy as America, everyone who works full time should be guaranteed a wage
that can support their basic needs, so that they may pursue a life beyond
struggling to survive. Something is horribly wrong when there is such a large
gap between the rich and the poor. Those who argue that the rich get rich
through their own capabilities and hard work and that the poor are
dysfunctional and lazy should listen to the stories of the garment workers. These women
are anything but lazy: they probably work longer, more tedious hours than most
businessmen, and rather than being provided support or a convenient entrance
into the business world, they face continuous obstacles. In addition to
starting with very little money, often times having come to America to escape
political troubles and poverty in their home countries, they are met with
continuous discrimination, oppression, and lack of governmental support.
Despite these obstacles, many
of these women are actively fighting against the tyranny of the system, banding
together in ethnic, community based advocacy groups. One such group, located in
OaklandÕs Chinatown, is called Asian Immigrant Women Advocates. According to
Miriam Louie, author of Sweatshop Warriors,
a book dedicated to the leaders of such groups, "these women are the real
experts about the inner workings of the global economy, labor markets, and
immigrant communities— speaking to us from the bottom of the sweatshop
industry pyramid. They stand steadfast as the first line of whistle-blowers and
flak-catchers against corporate greed, government negligence, and racial
wrongs" (4, page 3). Community groups are particularly helpful in
addressing the needs of the workers. They investigate the nature of on-the-job
injuries and health problems, outlining what should be done to create better
conditions, they launch campaigns to win back withheld wages, like in the
Jessica McClintock case, they create programs to help other immigrant women
learn English, and they have translators explain to workers what rights they
are entitled to.
These women are
wonderful examples of community leaders, but as Louie expresses, ÒListening to
the women speak cannot be an act of consumerism. Seeing them fight for their right cannot be an act of
voyeurism. Listening to the women
means returning to the source, to the heart of what todayÕs struggles for
justice and dignity are all aboutÉ We must ask ourselves individually and
collectively what we are doing to challenge the pyramids of oppression we faceÓ
(4, page 253). I wasnÕt wrong when
I initially associated the term ÒsweatshopÓ
with terrible working conditions in China, but I also did not have the complete
picture. While we should continue to advocate for the abolition of sweatshops
overseas, we also must oversee the abolition of sweatshops within our local
context and fight discrimination and injustice of every kind.
[1] Hua, Venessa.
ÒLifting of import quotas a blow to garment factories
Bay Area apparel
industry tattered by overseas competition -- immigrant workers try to start
over after layoffs.Ó San Francisco
Chronicle. Tuesday, January 18,
2005
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2005/01/18/MNG49AS6ND1.DTL&hw=garment+union&sn=001&sc=1000
[2] US Fed News. ÒGARMENT CONTRACTOR PAYS MORE THAN
$66,000 IN BACK WAGES TO 57 EMPLOYEES FOLLOWING U.S. LABOR DEPARTMENT INVESTIGATION.Ó
March 6, 2007.
http://0-web.lexis-nexis.com.sculib.scu.edu:80/universe/document?_m=5b9f9ae1d36d0b54f191f3afb887e46f&_docnum=1&wchp=dGLbVzz-zSkVb&_md5=9166165e23ddfa0a1ae499553ad904c3
[3] US
States News, March 12, 2007 Monday http://0-web.lexis-nexis.com.sculib.scu.edu:80/universe/document?_m=e330f1cb2bfedc5b30a0d66dbfc37f3f&_docnum=26&wchp=dGLbVzz-zSkVb&_md5=645e9aaf4e52ad44153c19ae1f19be11