Fishing industry accused of exploiting Asian crews

Foreign crewmen are recruited for U.S. fishing vessels similar to the one pictured above.

TWO INDONESIAN fishermen filed suit against a tuna boat captain Sept. 22  that they claimed  kept them in virtual slavery.

They said that they escaped the boat when their Honolulu-based vessel docked in San Francisco.

Abdul Fatah and Sorihin, who goes by a single name, filed a human labor trafficking lawsuit in U.S. District Court in San Francisco against Thoai Van Nguyen. They assert that they were held captive on the Sea Queen II in late 2009 and early 2010 while fishing for tuna, swordfish and other seafood prized by U.S. stores and restaurants.

Efforts by reporters to reach Nguyen, who lives in California, were unsuccessful.

The experience suffered by the two men echo the practice by many fishing vessels who find their crew in Southeast Asia and then keep them in slave-like conditions, meager pay, preventing their crew from leaving the vessel while it is docked and working in dangerous conditions The Associated Press won the Pulitzer Prize this year on their stories about the  slave-like conditions in the global fishing industry.

The two men allege in the lawsuit filed in federal that they were recruited in Indonesia seven years ago to work in Hawaii’s commercial fishing fleet without realizing they would never be allowed onshore. The lawsuit alleges Nguyen forced Sorihin and Fatah to work up to 20-hour shifts and denied them medical treatment.

Most of the approximately 700 crewmembers in the Hawaii fleet are from the Philippines, Indonesia, Vietnam and the tiny Pacific island nation of Kiribati. Because they have no visas, they aren't allowed to fly into the country, and are instead picked up at foreign ports and brought to Honolulu by boat.

Some of the fish caught by the foreign fishermen
wind up in pet food.

"With no legal standing on U.S. soil, the men are at the mercy of their American captains. ... Since they don't have visas, they are not allowed to set foot on shore." reports AP. "The entire system, which contradicts other state and federal laws, operates with the blessing of high-ranking U.S. lawmakers and officials, an Associated Press investigation found."

Hawaii and federal lawmakers are promising to improve conditions for hundreds of foreign fishermen working in Hawaii's commercial fleet, and at least one company has already stopped buying fish from the boats following the AP expose'.

Whole Foods halted buying seafood caught by foreign crew until it's clear the men are treated fairly. Last Sunday, Sept. 18, the Hawaii Seafood Council said that starting Oct. 1, the Honolulu Fish Auction will sell fish only from boats that have adopted a new, standardized contract aimed at assuring no forced labor exists on board.

A legal loophole allows foreign crews to work on the American-owned, American-flagged boats without visas as long as they don't set foot on shore. 

The AP investigation found the fishermen are paid as little as $350 a month, but many also get small bonuses, lifting their monthly pay to $500 or $600. "We always would want workers to have decent working conditions," said Hawaii Gov. David Ige. The AP report "highlighted how sometimes people fall in a loophole and they don't get the full protections of labor laws that most of us enjoy."

After the story was published, boat owners in Hawaii and seafood sellers quickly formed a task force which they said was creating a universal contract. They said they are working with buyers and government officials.

"I am confident that through this process we will ferret out any vessel from the fleet that is involved in forced labor, labor abuse or substandard working conditions and treatment of the crew," John Kaneko of the Hawaii Seafood Council told the Honolulu Star-Advertiser.

As the lawsuit winds its way through the courts, Fatah and Sorihin have since been issued visas for victims of human trafficking and are living in the San Francisco area.

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Exploited bakery workers get U.S. visas to continue working legally

Gina Pablo speaks about the abusive and illegal working conditions she endured working at L’Amande French Bakery. Looking on are Stewart Kwoh, executive director of AAAJ-Los Angeles, (left) and U.S. Representative Ted W. Lieu.

AFTER A YEAR-LONG legal battle resulting in a $15.2 million default judgment last month, the 11 Filipino workers who sued the owners of L’Amande French Bakery were also recently granted T visas, also known as T Nonimmigrant Status. T visas provide victims of human trafficking temporary legal status and work authorization and allow them to bring their families to the U.S.

“I am grateful for the hard work of our lawyers, and, to Congressman Ted Lieu, for listening to our hearts and believing in us,” said Romar Cunanan, one of the workers recruited to work at the bakery. “With his kind heart, he helped all of us to get T visas so we can continue to work here in the U.S. and to reunite with our family, without fear of what defendants can do to us.”

“We are thrilled that our clients have the opportunity to rebuild their lives in the U.S. This case represents a harder to detect, but perhaps more prevalent form of human trafficking than what we are used to hearing about,” said Yanin Senachai, a staff attorney at Asian Americans Advancing Justice-Los Angeles at a press conference yesterday (June 9). 

“The employer in this case held the workers as captive labor, not with the use of barbed wire and armed guard, but with more subtle forms of coercion, including forcing a significant debt on the workers and threatening to harm them in the home country.”

The bakery owners, Analiza Moitinho de Almeida and her husband Goncalo, left the U.S. and sold all their U.S. holdings before the court could hear the case so it is uncertain if any of the $15.2 million judgement can ever be awarded to the workers. The de Almeida couple didn't attend any of the court proceedings.

Analiza Moitinho de Almeida is the daughter of Juan B. Santos, the former head of Nestlé in the Philippines and current head of that country's Social Security System.
The workers were fraudulently lured by their employer to the U.S. from the Philippines on E-2 visas and then subjected to abusive and exploitative working conditions, including workdays as long as 17 hours and wages as low as $3 an hour. The workers were also threatened with a significant debt of $11,000 each unless they agreed to work under these illegal conditions for at least three years.

When the workers refused to lie to authorities about their working conditions, the owners of the bakery retaliated by terminating their positions, leaving the workers in immigration limbo. They also threatened to use their political connections to harm the workers and their families in the Philippines.

In March 2015, Rep. Lieu (D-Torrance) met with the workers, concerned about the employer’s abuse of the guestworker program as part of a scheme to obtain forced labor. As a result of the meeting, Lieu reached out to U.S. Citizenship and Immigration Services (USCIS) in support of the workers.

“During our meeting, the Filipino guest workers recounted a systematic and lengthy period of verbal and physical abuse by their employers. It is disheartening to know that human trafficking can occur so close to home and that individuals are subjected to such psychological and inhumane treatment,” said Lieu. 

“In this case, the Filipino workers’ story ultimately ends with a victory in justice’s name. Sadly, however, their story is just one of many. I will work with Advancing Justice-LA on ways to improve how our government assists victims of human trafficking and to prevent future cases so women, men and children are not subjected to such deplorable treatment in the United States.”

With the T visas, the 11 workers have a chance to rebuild their lives here in the U.S., including the ability to find other employment. All 11 workers are now employed elsewhere and several are planning to bring over family members they have not seen in years.

AAAJ-LA filed the T visas on behalf of the workers with the help of attorneys Nicole Kim, Angela Makabali, and Maximillian Hirsch, working under the auspices of Skadden’s pro bono program.

Filipino/American oil worker wins bias suit

By Louis Chan
Reprinted from AsAm News

A Filipino/American oil worker whose manager urinated on his leg and called him names has won $250,000 in a discrimination suit.

Matthew Clark worked for the American Casing & Equipment, Inc., a North Dakota oilfield service company operating in Williston, N.D. He accused the company manager of hurling racial epithets at him and on one occasion while he was under a vehicle, urinating on his leg. The incident was witnessed by another supervisor, but no action was taken.

The harassment included the manager calling Clark a “non-white m—-f—-r,” “non-white guy,” “spic,” “n—-r,” “monkey” and “ape.”

The lawsuit filed by the Equal Employment Opportunity Commission said Clark was fired in retaliation for complaining.

“They cannot simply ignore harassment and fire employees who complain about being abused rather than doing something about it,” said Tina Burnside who litigated the case for the EEOC.

The company was accused of harassment and violating Title VII of the Civil Rights Act of 1964.

In the settlement, American Casing & Equipment also agreed to educate all its managers, supervisors and employees about laws prohibiting discrimination, harassment and retaliation.

“This settlement sends a strong message to employers that race and national origin harassment and retaliation will not be tolerated in the workplace,” said John Hendrickson of the EEOC. “EEOC hopes that the changes implemented under the consent decree will serve as a model for creating a workplace free of discrimination in the oilfield service industry.”

EDITOR'S NOTE: Thousands of Filipinos were brought to the U.S. to work in the Gulf states' oil industry after Hurricane Katrina in 2005. No one would have noticed this influx of Filipino workers if not for an explosion on an offshore oil rig that killed 11 Filipinos and injured dozens of others. Involuntary manslaughter charges were filed against the contractor who hired the Filipinos by the Department of Justice in December 2015 for unsafe working conditions. The case is due to be heard in the courts in January, 2017.

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Widower can't collect $6.5 million for wife's death in burning limo

FORD Motor Co. on May 25th, was cleared of any responsibility for a limousine that burst into flames killing five Filipinas, all members of a wedding party.

Aldrin and Felomina Geronga

The blame belonged to the limousine company, argued Ford's attorneys. The limo owners allowed nine passengers despite  the recommended capacity of eight. 

The jury decided that the limo company should pay $6.5 million to the plaintiff Aldrin Geronga, the widower of nurse Felomina Geronga, who died in the blazing vehicle three years ago. However, he will not see a penny. The limo owners had already settled with all the plaintiffs, including Aldrin Geronga, so they could not be penalized a second time.

Geronga's lawyer, William Smith, said he will appeal.

The limousine was carrying the women across the San Mateo-Hayward Bridge on their way to a bachelorette party for Fojas who was going to the Philippines for the wedding ceremony. when the limo caught fire. 

Four of the women escaped by crawling to the driver's seat through a small partition. But the bride-to-be, Felomina Geronga and three others - Jennifer Balon, 39, Michelle Estrera, 35, Anna Alcantara, 46 - didn't make it out.

All the women were nurses, part of the Filipino Diaspora that has thousands of Filipino workers, especially those in the medical field, leaving the Philippines every day for employment opportunities throughout the world. 

Aldrin Geronga was the last plaintiff in the case. He had reached an undisclosed settlement with other defendants in the case besides Ford. The survivors as well as the families of the other women who perished settled with Ford earlier.

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For more news about Asian/Americans & Pacific Islanders, read AsAm News.

Judge awards $15.2 million to exploited Filipino workers

The Beverly Hills bakery where the Filipinos worked has been closed

ELEVEN FILIPINO workers were awarded over $15 million in a lawsuit against their former employers, whose claim of labor exploitation and human trafficking was uncontested 

The workers were trafficked to the United States to serve as domestic servants and back-of-the-house employees at two high-end bakeries owned by defendants Analiza and Goncalo Moitinho de Almeida.

“Because of this judgment, all the heartache and suffering we had to endure because of Ana’s greed has not been for nothing,” said Gina Pablo, one of the workers.

On May 2, 2016, Judge Fernando M. Olguin of the United States District Court for the Central District of California granted to the workers a default judgment of $15.2 million in damages and fees. 

The defendants subjected the workers to abusive conditions, including workdays as long as 17 hours and wages as low as three dollars an hour. They verbally abused the workers, forced them to do landscaping and cleaning at their home, referred to them as “dogs,” and imposed $11,000 in debt bondage on each worker. The defendants also threatened to cancel the workers’ visas and after the lawsuit was filed, threatened to harm them and their families in the Philippines. 

On March 18, 2015, with the help of Asian Americans Advancing Justice-Los Angeles (Advancing Justice-LA) and the law firm Latham & Watkins LLP, the workers sued the defendants for human trafficking, RICO violations, and violations of federal and state labor, retaliation, and whistleblower laws.

Ana de Almeida is the daughter of politically connected Juan B. Santos, the Chairman of Philippines' Social Security Commission/Social Security System and a retired CEO of Nestle Philippines. 

RELATED: Filipino bakery workers worked for $3 per hour

The 11 Filipino workers came to the U.S. on E-2 visas, which give immigrants with specialized skills authorization to work for a foreign national who has invested a substantial amount of money in a U.S.-based business.

Shortly after the lawsuit was filed, the Almeidas rapidly began liquidating their assets, including fraudulently encumbering and selling their million-dollar residence in Rolling Hills Estates, Calif., to keep the property and the proceeds from its sale out of the workers’ hands. The workers amended the complaint to add fraudulent transfer claims. By August 2015, the defendants had fled overseas and instructed their lawyers to “take no further action in defending the lawsuit.”

Judge Olguin voided the defendants’ fraudulent transfers and took steps to prevent them for further moving their assets. Advancing Justice-LA and Latham & Watkins are now pursuing steps to enforce the judgment.

"We are thrilled that the court has awarded the entirety of the requested relief, especially after the defendants did everything in their power, including breaking the law, to avoid accountability to our clients,” said Sid Nadkarni, associate at Latham & Watkins.

According to the Philippine Department of Labor & Employment, an average of 6,092 Filipinos are forced to migrate everyday in order to work abroad totaling up to 12 million Overseas Filipino Workers (OFWs) around the world creating the Filipino Diaspora. In 2014 alone, $26 billion in remittances have been sent back to the Philippines, a majority of which been sent by OFWs in the U.S. (Source: Bangko Central ng Pilipinas). 

Advancing Justice-LA has also secured special immigration status for the workers as victims of human trafficking, which also provides work authorization so the workers can begin rebuilding their lives and reunite with their families.

“I’m so relieved about the judgment. All the stress that we went through is over. All the fears that the Almeidas imposed on us are gone. We can now focus on our new jobs and look forward to reuniting with our family soon,” said Armelinda de la Cerna, another worker.

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For more news about Asian/Americans & Pacific Islanders, read AsAm News

Anthony Bourdain: 'Filipinos love feeding people'

'Parts Unknown' opens season in the Philippines

CNN

Food authority Anthony Bourdain samples halo-halo, a Filipino dessert.

THE SEVENTH SEASON of the CNN travel and food ­documentary series ­Anthony Bourdain: Parts ­Unknown ­begins Sunday (April 24, 2016) with a trip to Manila, capital of the ­Philippines. The show follows the best-selling author and chef as he travels the globe to discover the cultures and cuisines of ­lesser-known destinations.

Bourdain visited Manila unannounced last December, catching his fans and the local media by surprise. Exploring the city during the Christmas season, he travelled through its festive streets to try out local dishes including adobo, sisig and kare-kare. He also indulged in the popular sweet and milky dessert halo-halo. The episode opens with Bourdain’s visit to Jollibee, which he describes as “a fast-food wonder."

RELATED: Filipino food, the Rodney Dangerfield of ethnic cuisines

In an interview with CNN this week, Bourdain said he was looking forward to the latest season and “very excited particularly with the episode on Manila".

“I’m very close to a lot of ­Filipinos here in America – I have a sort of extended Filipino family," he said. Hmmm, that's an intriguing statement. Perhaps, he'll expand on that topic in the show.

“In the episode we also explore the overseas Filipino worker phenomenon. We look at the caring and generous nature that is very much a part of Filipino culture."

“I have long noticed in my travels to virtually all the continents the Filipino bands, singers and entertainers on luxury liners, in theaters, at Karaoke contests, on Broadway, in London, Australia, Germany; Filipinos are constantly winning at international talent searches,” he said in an interview with the Manila Bulletin.

“Filipinos like to eat and they like to cook – and they do it well."

RELATED: Adobo and lumpia in the White House

While in Manila, Bourdain's every movement was chronicled by the social media-savvy Filipinos. Pinoy foodies and celebrity seekers were everywhere, following every Twitter and Facebook tip. One showed him at a Jollibee outlet; a lucky couple posed with him inside a Malate Korean restaurant. Adriatico Street quickly filled up seconds after a photo of him and some young Filipinos at a sidewalk beer garden appeared on Facebook. His popularity is undeniable.

This is Bourdain’s second TV trip to the Philippines. In 2008, he visited Manila, Pampanga and Cebu to film an episode of his Travel Channel series No ­Reservations.

RELATED: Filipino food gaining fans on opposite coasts

The eight-episode new season of Parts Unknown of will also feature trips to Chicago, the Greek Islands, Montana, Tbilisi, Senegal, ­Cologne and Buenos Aires.

The Manila episode of Parts Unknown will air on CNN on April 24, 9 pm ET. 

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For more news about Asian/Americans and Pacific Islanders, read AsAm News.