Labor of Lies

Nadine Wimmer reportingThe state of Utah is cracking down on a crime most people never hear about. In addition to money,the thieves steal their victim's dignity.

When you do a fair day's work, you expect a fair day's pay. But too many employers think that doesn't apply to all their workers. And for those victims, it's a labor of lies.

Carlos Marmolejo doesn't mind his tiring work as a drywaller. The long hours, hot sun, he knows, they come with the job. He does it to put food on his young family's table.

CARLOS MARMOLEJO/WORKER:" I WORK HARD, 12, 14 HOURS FOR A DAY."

So when he heard on a hispanic radio station about a contractor who needed immediate help, he answered the call. 18 cents per square foot, several homes in a Layton subdivision. But in the end, it wasn't the hours or the work that took the greatest toll.

CARLOS MARMOLEJO/WORKER: "THEY DON'T PAY ME SO I CAN'T DO NOTHING FOR MY KIDS."

CARLOS MARMOLEJO/WORKER: "DON'T PAY INSURANCE FOR MY TRUCK, IT'S HARD FOR ME, I CAN'T PAY ELECTRICITY FOR MY APARTMENT, I CAN PAY NOTHING, BECAUSE THIS GUY DOESN'T PAY ME. IT'S HARD FOR ME."

NADINE WIMMER: "THESE ARE THE HOMES THEY SPENT THREE WEEKS BUILDING, SOMETIMES WORKING 12, 14 HOURS A DAY. THEY'D HOPED TO PAY BILLS AND HAVE CHIRSTMAS MONEY. IN THE END SOME GOT A FRACTION OF WHAT THEY WERE OWED, OTHERS DIDN'T GET A DIME."

That scenario plays out here frequently.

Each morning, Hispanic immigrants line second south waiting, hoping, for work.

It's humbling enough to stand on the street looking for a day job... pushing and competing against others when drivers go by, and hold up a few fingers to indicate how many workers they want.

It's degrading work, for desperate people. But the real humiliation comes when they do the work, they don't paid, and are threatened with deportation if they dare come forward.

ADOLFO BARRAGAN/MEXICAN CONSULATE OFFICE: "IF I GO TO THE POLICE DEPARTMENT OR TO THE AUTHORITIES, THEY'LL ASK ABOUT MY PAPERS. SO IT IS BETTER, IF I CAN STAY HERE ANOTHER DAY AND IF TODAY IS A LUCKY DAY FOR ME, I CAN HAVE PAY FOR MY JOB."

What adds insult to injury, advocates say, is some contractors know exactly what they're doing and actually prey on Hispanic workers.

The man who hired Marmolejo, has a long list of civil and criminal complaints. Court documents show he faces charges of theft by deception, communications fraud and issuing bad checks.

He's also served time in the Davis and Salt Lake County jails on charges of theft by deception, fraud and doing business without a license.

Yet, when we caught up with him, he's still building homes. This new luxury home in Bountiful, with a new Hispanic crew.

Tony Yapias, Hispanic Affairs Office: "I DON'T KNOW WHAT CONSCIENCE THESE CONTRACTORS HAVE."

Tony Yapias, Hispanic Affairs Office: " IT'S DIFFICULT TO UNDERSTAND HOW AN EMPLOYER CAN HAVE THEM BUILD THESE SOMETIMES MILLION DOLLAR HOMES, AND THEN SAY, I'M NOT GOING TO PAY YOU."

Advocates believe for every one victim who comes forward, there are a dozen who don't. So when more than twenty workers showed up at the Mexican Consulate to file complaints, some officials took notice.

Tony Yapias, Hispanic Affairs Office: "IT HAS TO BE WIDESPREAD, IT HAS TO BE MUCH MORE THAN WE THINK."

They piled out of official vans and headed to the Labor Commission to file formal complaints. It's the first step of many officials plan to use to track down contractors who prey on Hispanic workers.

Advocates hope this visual display sends a message on several fronts. They want to put contractors on notice, and push regulatory agencies to step up penalties.

In the meantime, Marmolejo will join the growing list of people who seek restitution. They're trapped into silence, fearing speaking out may jeopardize their chances of getting paid, but they can't afford not to.

CARLOS MARMOLEJO/WORKER: "I WANT JUSTICE."

Right now the Labor Commission is investigating several of these cases. Advocates are also pursuing criminal charges.

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