Un jurado federal determinó que la compañía The GEO Group debe pagar casi 17.3 millones de dólares a migrantes detenidos que recibieron un dólar al día de salario para realizar tareas como cocinar y limpiar dentro de su centro de detención con fines de lucro en el estado de Washington.
La decisión se tomó dos días después que el mismo jurado determinara que la empresa con sede en Florida deberá pagar el salario mínimo a su fuerza laboral detenida en la instalación de Tacoma, publicó The Seattle Times.
Es posible que GEO tenga que pagar incluso más cuando un juez considere el lunes una compensación por daños separados solicitada por el el secretario de Justicia del estado de Washington, Bob Ferguson, quien presentó otra demanda a nombre de los detenidos desde 2005. Las demandas fueron consolidadas para la primera fase de un juicio, para determinar si GEO estaba obligado a pagar el salario mínimo.
Adam Berger, uno de los abogados que representa a los detenidos en la demanda privada, dijo que él y sus colegas habían pedido 13.7 millones de dólares, pero que el jurado decidió que a los migrantes se les debía más. Se prevé que la compensación sea dividida entre las 10 mil personas que han sido detenidas en las instalaciones desde 2014.
“Los migrantes detenidos en las instalaciones lucrativas de GEO no son criminales y no deberían estar obligados a enriquecer el balance de la corporación”, sostuvo Berger en un comunicado. Si GEO apela, el dinero no será distribuido hasta que se resuelva ese proceso, agregó.
GEO no respondió a una petición de comentarios.
GEO afirma que los detenidos no eran empleados bajo la Ley de Salarios Mínimos de Washington. Incluso si lo fueran, aseveró la empresa, sería ilegalmente discriminatorio que Washington exija a la empresa pagar el salario mínimo —actualmente de 13.69 dólares la hora— cuando el estado no paga el salario mínimo a los reclusos que trabajan en sus prisiones u otros centros de detención.
La definición de “empleado” en la ley de salarios mínimos de Washington es ambigua, debido a que incluye a cualquier persona a la que un empleador le permita trabajar, sin importar su estatus migratorio o legal. La ley señala que los residentes de una instalación de detención “estatal, condal o municipal” no tienen derecho al salario mínimo por las labores que realicen.
El centro de detención no encajaba con la exención al ser una instalación privada y con fines de lucro, y no una “estatal, condal o municipal”, argumentaron los abogados de la entidad y de los detenidos.
Durante el primer juicio, GEO reconoció que podría pagarles más a los detenidos si quisiera hacerlo. En 2018, la compañía tuvo ganancias por 18,6 millones de dólares en la instalación. Pagarle el salario mínimo a los detenidos le costaría 3.4 millones.
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