[Blog]Friendly Advice from an Administrative Scrivener: What Low-Wage Immigrant Workplaces Teach Us

2025-10-24

Hello! I’m an administrative scrivener (Gyōseishoshi) and I’d like to share with you some useful insights drawn from the recent study by Cornell University’s ILR School, titled "Book examines immigration and race in the low-wage workplace"(2025-10-20). The study explores how immigration status, race, power imbalances and labour conditions combine in the U.S. low-wage workplace. In this blog post I’ll translate these findings into suggestions for Japanese workplaces, especially for employers working with foreign or immigrant workers. I’ll also give practical advice on what you, as an employer, should watch out for and what you can do to build a healthy, compliant and fair workplace. Let’s get started.

What this research suggests for Japan

The researchers show that in the U.S., low-wage immigrant workers of colour frequently experience lack of dignity, unstable employment, dangerous working conditions, overlapping discrimination based on immigration status and race, and employer power that is amplified by immigration-related regulation. While Japan’s context is different, there are strong parallels: increasing numbers of technical intern trainees, specified skilled workers, foreign labourers – all bringing linguistic, cultural and legal status gaps. Even if not identical, the centre points of risk are the same: ambiguous employment terms, power imbalance, potential discrimination, and unclear status of migrant workers. Hence employers in Japan should pay attention not just to compliance (wages, contracts, hours) but also to the subtler aspects: dignity, stability, communication, and fairness. From the U.S. study we can draw several concrete lessons: one: when workers feel precarious, the risk of tolerating poor conditions increases (the study found that workers with temporary protected status often felt more insecure than undocumented ones because they are “visible” to the system). Two: the requirement in the U.S. for employers to verify immigration status made employers into “mini-immigration-enforcers”, which increased the power imbalance. For Japanese employers this means: be aware of how you interact with foreign employee status and how the presence of supervisory power may risk turning into undue control or distrust. Three: the intersections of race, immigration and work conditions can produce degrading work experiences even when wages and hours superficially meet minimum standards. That highlights the need for employers to look beyond ticking boxes: consider culture, communication, respect, equal treatment.

What employers should be careful about

Here are some key “watch-points” to keep in mind as an employer working with foreign or culturally diverse staff:
• Avoid treating immigration status or nationality as a reason for unequal treatment or lesser dignity.
• Ensure that the employment contract and labour conditions are clearly explained — in everyday Japanese and, ideally, in the worker’s native language or via interpreter/translation.
• Do not use fear of status change, language barriers or job instability to pressure workers into accepting poor conditions – the Cornell study shows how job instability and lack of secure status reduce bargaining power.
• Safety and health: ensure that foreign-language training and communication exists so that workers fully understand safety instructions, hazard awareness and report mechanisms.
• Maintain fair and transparent treatment of workers – avoid unequal tasks or assignments based on nationality or linguistic ability.
• Be mindful of the employer’s power when immigration/-work-permit systems intersect – guard against “you must do this because I check your status” attitudes.
• Have proper records: contract, wages, hours, insurance enrolment. The study shows weak enforcement and lack of documentation amplify vulnerability.
In short: treat not just the legal minimum, but treat people fairly, as full participants in your workforce.

Practical steps you can implement now

Let’s move to actionable items — things you can do this month to improve your workplace environment for all workers, especially foreign ones:
1) Contract update – Prepare a standard employment contract template in Japanese, and if you have a number of foreign staff, consider a version in the major language(s) of your workforce. Include job description, hours, wages, leave, termination conditions, and clearly state the worker’s rights and support channels.
2) Orientation

Author: Kenji Nishiyama (Certified Administrative Procedures Legal Specialist(Gyoseishoshi), Registration No.20081126)

Kenji Nishiyama is an Immigration and Visa Specialist who has supported many foreign residents with visa applications in Japan. On his firm’s website, he publishes daily updates and practical insights on immigration and residency procedures. He is also well-versed in foreign employment matters and serves as an advisor to companies that employ non-Japanese workers.