Interesting and grossly incomplete article. Exactly how was she forced to "work long hours." Did she agree to work for $3.00 per hour and was she free to leave her employers residence. If not, how was she restrained? I notice the suspect has not been charged with Human Trafficking. That's a clue.
#40 | Posted by Rasta at 2013-12-18 07:46 PM | Reply | Flag: Flag:
One cannot agree to work for less than minimum wage as a contrary rule would quickly render the minimum wage meaningless. In addition, the employer signed one contract promising $4,500 per month which were the terms submitted with the visa application before the employee came to the States and then the employee was told to sign another contract for $600 per month after she arrived. This second contract struck out almost all terms regarding abiding by various laws and is likely void, but was probably used to gain leverage over the vulnerable employee. Overtime work was prohibited by her visa. Employees in these situations are often at the mercy of their employer and compelled by circumstances improperly created by their employer to perform impermissible work because they know that their employer can have them deported at the drop of a hat, thus there is no leeway granted to employees to "voluntarily" waive certain visa terms. Due to employer abuses, hard and fast rules have been legislated to curb these abuses. The improper compulsion was the employer's failure to honor the terms the employer pledged to honor in the visa application. To top it all off, here the employee was forbidden by an Indian court from pursuing this matter in the United States and, when she persisted in seeking redress from our system, the Indian court issued an arrest warrant for the employee.
Feel free to explain why arrest and strip search were the right thing to do. #41 | Posted by snoofy at 2013-12-18 07:50 PM
Accused felons are often arrested pending arraignment. In this instance, if she were not arrested and held until her bail hearing, she could have fled the jurisdiction (e.g. to India). If someone is arrested and held, then they are usually searched to ensure that they are not bringing contraband (drugs, weapons, cell phones, etc.) into the holding area. These rules exist for a reason. You may not wish to impose these rules upon her because you don't think that her alleged violations are a big deal or because she is respectable or educated, but that is another issue. These procedures exist for good reason.
There is a mentality amongst the Indian elites that workers are lesser beings and that the laws are only for the little people. Add to that feigned horror at the idea that an Indian woman would be forced to disrobe, and the populace is being beat into a frenzy of righteous indignation. Finally, and a point that is being overlooked, is that India is using this situation to distract from its own mistreatment of the working class and women. Never mind that this is the same culture that was in the news only recently for routinely allowing rapists to evade all punishment.
Much more detail here in the US Attorney's statement if anyone is interested.