This chapter explores the challenges that keep Chinese immigrant workers from retaining legal counsel and how various organizations work to overcome those obstacles.

BACKGROUND

The largest population of ethnic Chinese in America today is in New York City. As of 2010, New York City was home to 500,434 Chinese, of whom approximately 73% – over 365,000 individuals – is foreign-born. This population is spread across the numerous “Chinatowns” that now exist not only in Manhattan and Flushing, but also in places like Sunset Park, Bensonhurst and Sheepshead Bay in Brooklyn, and Bayside and Elmhurst in Queens.

The U.S. Census Bureau reports that nearly one in five Chinese in New York City is living below the poverty line. Statistics further show that 31% of the Chinese in New York City never obtained a high school diploma. In addition, many Chinese immigrants come to the United States with very limited, if any, ability to speak and understand English and lack significant opportunities to develop these abilities once they arrive and start working. This lack of education, skills, and language ability sharply narrows the employment opportunities available to these immigrants. As a result, not unlike many other immigrants in New York City, the Chinese are often found working in restaurants, nail salons, laundries or dry cleaners, and the construction industry; driving taxis or livery cabs; performing hospitality or other cleaning jobs; and laboring as home health aides. Further, many workers are limited to jobs in which either the boss or at least certain coworkers speak Chinese – and, perhaps even their specific dialect. Therefore, within these industries that often involve long hours and low wages to begin with, many Chinese immigrants find work at smaller, more informal workplaces in which strict adherence to legal or regulatory requirements is less common. Moreover, survey data show that Chinese-owned businesses, along with Korean and Vietnamese ones, pay among the lowest average wages of Asian-owned businesses.