History
The Worker Justice Center of New York (WJCNY) is the merger of Farmworker Legal Services of New York (FLSNY) and the Workers’ Rights Law Center (WRLC). Their merger builds on decades of achievement in providing direct legal services to low-wage workers, empowering communities, and advocating for institutional change. Former Farmworker Legal Services of New York (FLSNY) attorneys Dan Werner and Tricia Kakalec founded the Workers’ Rights Law Center (WRLC) in 2003. As the increases of calls of non-farmworkers were calling the FLSNY office, Warner and Kakalec realized the need for legal services and legal education for non-agricultural low–wageworkers. The WRLC was created and established to address this upcoming popular need of other non-agricultural workers. Dan Werner and Tricia Kakalec were awarded an Echoing Green Foundation fellowship to support the creation of the project, which was a step closer to success. On June 1, 2004, the WRLC opened part-time in office space donated by UNITE-HERE in Kingston, New York. The Workers’ Rights Law Center filed their first case in July 2004. On September 1, 2004, the WRLC opened full-time, with Dan Werner and Tricia Kakalec as the only staff members. In January 2005, Geovanny Triviño joined the WRLC as an Outreach Coordinator, and the organization began to expand and reach out further into the communities that surrounded the area. In April 2005, WRLC moved from their donated office to the new and current office at 101 Hurley Avenue in Kingston. In March 2008, Dan Werner left the WRLC to become Deputy Director of the Southern Poverty Law Center’s Immigrant Rights Project. Also In November 2008, Tricia Kakalec left the WRLC for the NYS Attorney General’s office. Since 2009 Milan Bhatt is the Executive Director of the Worker Justice Center of New York. FLSNY was created by the New York State Bar in the late 1970s to address the unmet need of legal representation for migrant and seasonal farm workers.
[3]
Farmworker Legal Services of New York, Inc. has been serving migrant and seasonal farm workers for the past 30 years through direct representation in civil matters regarding employment and wage issues. FLSNY also provides services to the migrant community who may be victims of domestic violence and human trafficking. In addition providing pesticide education to prevent exposure and poisoning remains a significant part of FLSNY’s services. As a result of their close ties to this community, the organization has been the recipients of grants to provide services to special populations within this group. [4] Worker Advocacy WJCNY has been a leading force in upstate New York on local, state, and federal campaigns to improve standards for low-wage workers. Also focusing and acting on efforts to increase wage rates and eliminate wage theft. By providing equal access to identification for immigrant residents, and advocating for rights of workers in specific industries that lack adequate protections. These services mainly apply to surrounding areas and communities. The advocacy of the WJCNY and promotion legal education has had success because workers have become better equipped to protect their own rights. [5]
Wage theft is the denial of wages or employee benefits rightfully owed an employee. It can be conducted by employers in various ways, among them failing to pay overtime; violating minimum-wage laws; the misclassification of employees as independent contractors, illegal deductions in pay; forcing employees to work "off the clock", or simply not paying an employee at all.
Litigation
Worker Justice Center of NY legal action program has been achieving justice for wage theft victims, and other injustices throughout New York State. The offices of this organization have represented thousands of low-wage workers throughout industries such as agricultural, construction, food services, and domestic work. WJCNY has recovered over $10 million in unpaid wages on behalf of their hard working clients. [6]
The following are cases resolved by the WJCNY :
Luis v. Peppy’s Foods, Inc.
Achieved a $250,000 settlement in a class action against a food processing plant-alleging violations of federal and state wage and hour laws. [7]
Iglesias-Mendoza v. La Belle Farm, Inc. Successfully settled a major class action against a poultry plant in Sullivan County. Many of the laborers worked over 80 hours per week, but were never paid overtime and often did not earn the minimum wage. On January 26, 2007, the Court issued a groundbreaking decision granting the Plaintiffs’ motion for class certification. In the end, nearly one hundred workers benefited from a several hundred thousand dollar settlement agreement, which including a monitoring arrangement to assess ongoing housing and wage-and-hour issues. [8]
Cuzco v. Orion Builders, Inc. This is a representative action against a construction contractor alleging that he never paid overtime, routinely paid his employees one month late, and did not pay the named plaintiff at all for some of his work. The employer also misclassified his employees as independent contractors. In 2011, WRLC achieved a successful outcome in recovering wages for our clients in this case. [9]
Olvera-Morales v. International Labor Management Corp., Inc. A nationwide class action against some of the largest contractors of H-2A and H-2B guest workers from Mexico alleging that the contractors steered women into inferior H-2B jobs. The WRLC co-counseled with Legal Momentum, North Carolina Justice Center, and Kaye Scholer, LLP. On November 7, 2007, the Court granted the Plaintiffs’ motion for class certification. [10]
Legal Momentum, formerly known as NOW Legal Defense and Education Fund, is the oldest legal advocacy group for women in the United States. It was founded in 1970 as the NOW Legal Defense and Education Fund, a 501(c)3 nonprofit, by leaders of NOW. Muriel Fox was one of its co-founders and an ongoing leader of it. It changed its name to Legal Momentum in 2004. Legal Momentum is a liberal multi-issue organization dedicated to advancing women’s rights across the country. It is headquartered in New York City with an office in Washington, DC that focuses primarily on policy initiatives and legislative issues.
Casas v. Hannaford The Kingston office successfully resolved a case on behalf of an African-American, Latino, and disabled client who endured long-standing harassment and discrimination while working the night shift at a local grocery chain. [11]
Current Projects:
Currently they are working with the immigrant communities to inform and educate them on the immigration reform. Recently at a Latin American Festival in September; at a booth for the Worker Justice Center of New York, Emma Kreyche handed out information packets to help inform immigrants about the ongoing immigration debate in Congress and worker justice. She noted that oftentimes, undocumented Latin Americans are paid the lowest wages in a community. "We came here to let people know what their rights are," Kreyche said. [12]
In the summer of 2013, The Worker Justice Center of New York has filed a civil class action lawsuit against two Kingston-based hotel franchises, Quality Inn and Super lodge hotels alleging that they underpaid their housekeeping and laundry staff. The lawsuit was filed in the federal court in the Northern District of New York in Albany. Co-Executive Director Milan Bhatt said “I can tell you this is one of the more gross and stark set of labor violations that we have seen in some time, certainly when it comes to the minimum wage violations, it’s rare that we see a situation like this where the actual rates paid to the women and other workers at the hotels were in many instances less than $5 an hour”. [13]
At local community events is where the justice center gets the opportunity to spread the word about workers rights regardless of immigration status. Not only does the workers justice center provide information about their services but also give out other informative information about other local organizations in the area that help low- wageworkers. Such as clinics, and library and other non-profit organizations and coalitions that give help such as free computer classes, free English classes, and affordable GED classes.
Also a recent event that WJCNY Co-sponsored was the first Ulster County Latino Resource Fair, in September 21, 2013 that was presented by Mano-a-Mano coalition and also was sponsored by RUPCO, Ulster Savings Bank, Planned Parenthood of the Mid-Hudson Valley, the Worker Justice Center of NY, and also made possible by Hudson Health Plan, La Voz magazine, SUNY Ulster, Ulster BOCES, Ulster Community Coalition. This event was organized to celebrate diversity and an opportunity to bring valuable information and services to the Spanish-speaking community with over 30 local agencies present. [14]
Ulster Savings Bank is a mutual savings bank headquartered in Kingston, New York. The bank has 14 branches, all of which are in Ulster County, Orange County, or Dutchess County.
