Women and Wage Theft: The Historical Context and Manifestation of Devaluation and Exploitation

By Megan O'Brien

Historical Context
A housecleaner berated for accidentally unplugging a device; a live-in childcare provider punished with extra, unpaid work when their performance didn’t meet their employer’s standards; promises of reasonable wages whittled down to nothing over time; a women forced to clean a man’s home while he played sexually explicit content on the television. These are just some of the stories heard by my research team of five students working to shine a light on the experiences of domestic workers and the gendered aspects of wage theft in Denver, CO as a part of a ten-week qualitative research methods course. These are only anecdotes, but it’s not hard to believe that women working behind the closed doors of private residences are at a higher risk for abuse and exploitation. Women are physically hidden in these instances, and privacy can embolden perpetrators of abuse, as they feel protected from judgement and accountability. However, these issues are not a modern phenomenon. The abuse faced by domestic workers is deeply rooted in the racist structures that have founded American culture and in the racialized and gendered global distribution of labor.

The Fair Labor Standards Act, or FLSA, was passed in 1938 as a part of the New Deal, a series of programs and projects instituted during the Great Depression by Franklin Roosevelt in an attempt to re-stabilize the economy. This law establishes minimum wage and overtime pay for employees. Domestic workers were purposefully excluded from these protections by Congress. African American women made up the majority of this workforce, and Southern lawmakers refused to sign the New Deal without their exclusion in order to maintain the status quo of paying unlivable, low wages to personal servants. The exclusion of domestic workers from the FLSA in 1938 is a holdover from slavery and perpetuates the historic devaluation of black and brown labor. As of 1974, domestic workers are covered by the FLSA, but exemptions for live-in workers, casual babysitters, and companionship services still exist.

Over 80 years later, domestic workers continue to be undervalued and exploited, as the majority of nannies, housecleaners, and caregivers are women of color, many of whom are immigrants. In addition to racism, the culturally widespread systemic devaluation of women’s care work also perpetuates these inequalities. Women are perceived to be naturally nurturing, and the tasks performed by domestic workers are seen as an extension of these supposedly intrinsic qualities and used to exploit and extend work beyond what is paid. Latina women, in particular, are perceived to be ideal caregivers because of their supposed innate warmth and lovingness while they are simultaneously subordinated socially, economically, and politically, further racializing domestic work. Therefore, the idea that the work of nannies, housecleaners, and care providers is not a “real” or respectable career is ingrained in our society. This was identified by a domestic worker I spoke with who mentioned that even among low-wage workers, the men are paid more, have more negotiating power, and “even though we are in different times … women’s work is still less valuable than men’s.”

Finally, we have to recognize the current political context that has normalized xenophobic rhetoric towards immigrants and cemented the deportation threat dynamic, enabling employers to exploit and take advantage of undocumented migrants by committing acts of wage theft and other workplace violations without fear of being reported to law enforcement because of the looming threat of deportation. This exacerbates the existing issues, pressuring immigrant domestic workers to remain silent and accept their unfair, potentially dangerous jobs in favor of risking arrest and deportation. As one woman shared in response to staying silent despite poor treatment from her employer, “they’ll call immigration and deport me, so you’re stuck between these two dangers.”

Women as Primary Victims of Wage Theft
The historical context frames the pervasive cultural norms that propagate modern manifestations of devaluation and exploitation of domestic workers as experienced through wage theft. The research our team conducted highlighted three main themes: women as the primary victims of wage theft, as secondary victims, and as activists.

When we talk of a person being the primary victim of wage theft, we are often referring to when someone is not paid for their work, although there are a myriad of ways that wage theft occurs. One woman we interviewed shared her experiences of wage theft as a domestic worker, saying “last year [2019], three people didn’t pay me for my work. I trusted them and kept on working for weeks… Finally, when I did demand that they pay me, they tried to avoid it and pretend like they didn’t [owe me money].” Although she did push back and assert her rights once she realized the employer had no intention of paying her, she still had to seek assistance from the DAT to recuperate her earned wages - a stressful and time consuming endeavor. Another woman said that she experiences wage theft at least three times a year, losing between $50 to $1,000 of earned wages. When asked what she has done to recover those wages, she responded, “Well, I have to work more.” This adds insult to injury, forcing victims of wage theft to be more overworked and preventing them from being able to take the time to recoup wages.

Wage theft also occurs when a person is paid late or is underpaid. One woman repeatedly mentioned that many of her clients declare that they will pay her for “X” number of hours to clean their house. However, when more time is needed, they refuse to pay her for all her time while still expecting the job to be completed perfectly. It can also occur when a person is required to pay for extra expenses that are not included in their wages or working agreement (such as providing cleaning supplies). The National Domestic Workers Alliance conducted a nationwide survey, and they found that at least 10% of domestic workers have been unpaid or underpaid and 23% have been paid late in the 12 months prior to their responses.

Women as Secondary Victims of Wage Theft
In Denver, there are various services and organizations that exist to support domestic workers and day laborers. Two primary resources are the Direct Action Team (DAT) and El Centro Humanitario. DAT advocates for employees by accompanying them through the process of wage recuperation, and El Centro provides education, job skills, and pathways for immigrant workers to be paired with reputable employers. Through observations at DAT meetings and in the field, as well as conversations with DAT volunteers, El Centro employees, and with domestic workers, we were able to identify that women experience wage theft indirectly as secondary victims. When someone in a household experiences wage theft, it affects everyone who relies on that income for survival. The coordinator of DAT observed that wages are primarily dedicated to supporting families, and as women are dedicated parties to maintaining their household and families, they experience the stress of wage theft just as their counterparts. As noted in one interview, “[the money lost] is money for food, it is the money for kids’ classes, it is the money for all the needs that they have.”

The domestic worker who experienced wage theft three times in 2019 has also found herself as a secondary victim of wage theft. Her husband, who works in construction, is frequently underpaid or not paid at all. When this happens, their family finds themselves starting from scratch, adjusting and learning to live without the money they had worked for and been anticipating. Societal norms assign many household functions to women, and when financially contributing members of their family unit are unpaid, they must rearrange their budgets and figure out how to get food to prepare for their families. Beyond the adjustments made within the confines of their own home, women are also found to accompany their partners when they work to recuperate their wages.[1] This requires time, energy, and, if there are children, oftentimes securing and coordinating childcare.

Women as Activists
Finally, observations, conversations, and interviews led us to the realization that women are not only victims when it comes to wage theft – they are also activists. Whether on behalf of a family member or partner or on behalf of themselves, women are speaking up against wage theft and standing up for their rights, despite the very real threats that exist, especially for immigrant women. They are changing the wide-spread narrative that “wage theft is just something that happens in these lines of work” and are refusing to accept these conditions. Women are continually seen to be the ones who investigate resources and supportive services, translate when necessary, and accompany the men in their lives when they are working to recuperate their wages.[2] At one event, I witnessed the only two women attendees engage with the presentation facilitators, speak against oppressive systems, share their stories, and advocate on behalf of their partners who were not able to be there. Women are taking action to organize, mobilize and inform their communities of their rights.

The same woman who has repeatedly experienced wage theft directly and secondarily has turned her experiences into activism by sharing her knowledge and resources with undocumented residents and the Hispanic community. She is advising people and raising awareness of workers’ rights through community outreach, radio, and television, making sure that people know “even if you don’t have papers, you can pursue justice.”

Women domestic workers’ identities are not defined by the abuse they may encounter, although this will of course shape their experience. Rather, women working as childcare providers, house cleaners, care workers, and caterers are strong, diligent, and proud of their hard work and their families—but they are also not bound to these identities. Remembering the agency and heterogeneity of immigrant women and domestic workers is essential in being a productive advocate, although it is their collective activism, efforts and voices that will ultimately change narratives of wage theft.

[1, 2] Information obtained directly through observations and interviews with DAT coordinator and El Centro Program Director.

Megan O'Brien is pursuing a master's degree in International Development with a certificate in Humanitarian Assistance at the Josef Korbel School of International Studies. megan.obrien127@du.edu