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No Time for Labor Day

[Column 353, September 5, 2005] | Archived Columns

By Ken Suggs*

Thanks to a Congressional act passed in 1894, most of us in the United States enjoy a day off from work on Labor Day. But in developing nations around the globe, the first Monday of September is just another day: Tens of millions of people report to factory jobs early in the morning and return home after 10 at night; most of them earning less than 50 cents an hour.

The good news is that most export assembly factories (places that produce garments and sneakers, for example) no longer rely on young children to make their products. That turn-around is due largely to a workers' rights group called the National Labor Committee.

In 1996, the National Labor Committee (NLC) uncovered sweatshop conditions at a Honduran factory where children were making a Kathie Lee Gifford clothing line destined for Wal-Mart stores.

"That exposé jump-started the anti-sweatshop movement in the United States," says Charles Kernaghan, executive director of the NLC. "We met with workers in Honduras and they turned out to be teens...making 31 cents an hour. Now everyone has learned, you just don't do that."

Kernaghan explains that 96 percent of the clothes we have in the U.S. are not made here. They are imported from what is called the "developing world" -- nations in which U.S. clothing manufacturers can find factories to produce their clothing as cheaply as possible. Prior to the Kathie Lee Gifford/Wal-Mart scandal, the majority of garment factories in the developing world relied on child labor.

"There were 100,000 children alone, working just in Bangladesh. That story ended the use of child [garment] laborers," says Kernaghan.

Unfortunately, the squalid factory conditions and substandard pay still exist. A Dateline NBC program that aired in June revealed garment workers sewing clothes for Wal-Mart earning 13 to 17 cents an hour. Since that program aired, the NLC has called on Wal-Mart to pay its overseas workers an extra 20 cents an hour.

"Wal Mart is the largest corporation, and they will set the standard for the industry," says Kernaghan.

He explains that manufacturers bargain with overseas factory owners to get a garment made as cheaply as possible so that it can be sold in the U.S. for as little as possible. Kernaghan calls this practice "predatory pricing" or the "race to the bottom." And, as a result of such pricing, workers' wages are reduced to mere pennies.

The NLC would like anti-sweatshop legislation introduced in and enacted by the U.S. Congress to guarantee legal protections for workers. According to the NLC, corporations demand—and have—laws to protect their trademarks and products, but there are no laws to protect the rights of the 16-year-old girl who made those products.

In the United States, a strong civil justice system helps protect people who are injured through no fault of their own, or who are taken advantage of by corporations, or who are victims of unfair labor practices. But workers in most foreign nations have no such legal system to protect them. These are the legal protections for American families and workers that some special interests seek to limit or eliminate in the name of "legal reform."

Kernaghan says the proposed legislation is based on an existing law that went into effect after Burlington Coat Factory sold coats made with dog fur from China.

"If we can save animals, can't we also save humans?" asks Kernaghan. "Such a law would be a turning point."

Kernaghan says, "We want a sales ban. Then we can catch the sweatshops in the U.S., too. We have the strongest voice in the global economy and we are in the best position to move forward. Someone has to take the lead."

Resources:
National Labor Committee: www.nlcnet.org
Workers Rights Consortium: www.workersrights.org
Sweatshop Watch: www.sweatshopwatch.org

*Ken Suggs, president of the American Association for Justice, is a partner in the Columbia, SC, law firm of Janet, Jenner & Suggs.

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