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What are the chances of a homeowner being caught?
"Virtually none at all," says San Diego attorney Jeff Isaac, who calls himself "a lawyer in bluejeans" for his practical approach to the law.
However, if you are planning to run for public office or have your eye set on a confirmable position, hiring an undocumented worker may be enough to wreck your career plans.
Cecilia Munoz, the senior vice president for the National Council of La Raza, a national Hispanic civil-rights organization, also pointed out that employers are not expected to be able to spot whether these documents are valid, and for day labor, employers "tend not to check."
Though it is illegal to hire an undocumented worker, the law is seldom enforced. And in the cases where it is, authorities focus on companies that hire many illegal immigrants. These companies can be fined and the undocumented workers possibly deported to their home country.
Safety: Yours and theirs
If a day laborer is injured on your property, he could sue you or seek to make a claim on your homeowners insurance policy.Because some insurance companies have riders that prohibit payments to illegal workers, it might be a good idea to see what you are liable for before you head down this hiring route.
Whether a homeowners policy would cover an injured day worker depends on state workers-compensation law and whether any employer is required to have coverage. Citizenship is not a factor. If state laws do not apply, then a homeowner's liability and medical coverage may cover an accident.
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You've invited a stranger to your home. Women especially should take typical precautions, such as inviting a neighbor or friend over (or calling them when workers are in the house), or carrying a personal alarm or safety device such as pepper spray.
If you decide to hire a day laborer
- Learn some basic Spanish phrases. The majority of day laborers are Spanish-speaking; many may not know English. At the very least you should be able to name the task you would like done. It will probably cost you more if you need an English-speaking helper for the day, said Pablo Alvarado, the director of the National Day Laborer Organizing Network, a coalition of day-laborer groups.
- Know what you expect to pay. This varies from place to place, but a good guideline is New York and Los Angeles, where the hourly rate is about $10. It's more expensive if workers bring their own tools or if it is heavy-duty work, Alvarado says. Even if a job lasts several days, expect to pay at the end of each workday.
- Typically, homeowners provide lunch if a job is for all day.
- Treat these workers like any other employee. They may need your bathroom, regular breaks, or rides to and from their originating point or to a public bus stop. "Employers are employers, no matter whether you are hiring a person for a day or a year," Alvarado says.
- The work won't be guaranteed. You cannot stop payment on the check because you have most likely paid in cash. And you might not be able to locate the worker to complain or get a shoddy job fixed.
Published Aug. 10, 2007
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