WJCNY attorneys, representing the plaintiffs in the matter of Bisono et al. v. TDL Restoration et al., won in a jury trial completed on Monday, May 6 following seven days of arguments before the U.S. District Court in White Plains, NY. The jury in this case found in favor of the Plaintiffs, Jose Bisono, Joaquin Vicente and Edgar Mendez, on all questions and awarded the maximum damages permissible for violations of Federal and State labor laws. This is a vindication of the workers' rights and holds their former employer accountable for not paying them their earned wages. Bringing this case was not easy and required tremendous effort from the Plaintiffs, extensive legal work by their attorneys and substantial community support. However, the positive outcome should encourage others who face illegal exploitation to seek justice. Lead WJCNY attorney on the case was legal director Robert McCreanor, joined by WJCNY staff attorneys Maureen Hussain and John Marsella, paralegals Nathalia Rosado-Oliveras and Ken Wolkin, worker rights advocate Cristian Avila and administrative staff Diana Saguilan and Amanda Batista.
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WJCNY staff members were honored to be invited to serve as panelists during this year’s SOMOS Conference which took place this past weekend in Albany. SOMOS, Inc., is a nonpartisan, nonprofit 501(c)3 organization committed to addressing the needs of the Hispanic population of New York State in collaboration with the NYS Assembly/Senate Puerto Rican/Hispanic Task Force. The SOMOS conferences serve as a platform for legislators, scholars, business and labor leaders to address various concerns pertinent to our state’s Hispanic community.
Emma Kreyche, Statewide Coordinator of the Green Light Campaign, spoke on a panel entitled “Equal Access to Driver’s Licenses for all New Yorkers,” explaining why it is essential for immigrant New Yorkers to obtain driver’s licenses. For many of the immigrant workers served by WJCNY, public transportation is inadequate, unreliable or simply non-existent. Individuals need to have access to drivers’ licenses so they can go about essential daily tasks - going to the grocery store, picking up children from school, going to a doctor’s appointment – safely and without fear of detention or deportation. This panel was live-streamed by Univision.
Andrea Callan, Managing Director, spoke on a panel entitled “Protecting NYS’ Most Vulnerable Workers” and focused her comments on the pervasive practice of wage theft – when an employer fails to pay an employee the legally-mandated minimum wage, promised wage or overtime wages. Andrea brought the farmworker perspective to the panel, highlighting that this population of workers suffers a form of wage theft that is currently legally permissible under current state and federal law - farmworkers are legally exempt from earning overtime wages. To remedy this exemption from the state law, WJCNY supports the Farmworker Fair Labor Practices Act, a state bill that would permit farmworkers the same rights to overtime, collective bargaining, unemployment insurance, workers’ compensation and a day of rest that almost all other workers in NY already enjoy.
WJCNY has long advocated for the restoration of driver's license access to undocumented New Yorkers. This year, it could finally become a reality. Together with our partner organizations in the Green Light NY: Driving Together Coalition, we are pushing harder than ever for passage of legislation that would provide immigrant New Yorkers the opportunity to become licensed drivers with the ability to register and insure their vehicles, regardless of immigration status.
Lack of access to driver's licenses disproportionately affects farmworkers and other immigrant workers living in rural and suburban communities without reliable public transportation. Farmworkers often depend on rides from their employers to access basic good and services, such as grocery shopping and medical appointments, or must pay an exorbitant proportion of their hard-earned wages toward car services. Many are left with little choice but to drive without a license and run the risk of being detained or deported over a routine traffic stop, like dairy farmworker leader Carlos Cardona, whose case is still pending in immigration court.
Now is the time for New York State's legislature to pass legislation expanding driver's license eligibility. Please join us in Albany next Tuesday, March 12, as we call on lawmakers to ACT NOW on driver's licenses. The Green Light campaign will be sending buses from across the state. Sign up here for a seat on the bus nearest you! For more information about the Green Light campaign, visit www.greenlightnewyork.org.
WJCNY Appointed Class Counsel in Litigation Against Roseann Landscape Corp. / WJCNY Asignado como los Abogados de la Clase en el Caso Contra Rosann Landscape Corp.
Worker Justice Center of New York has been appointed Class Counsel, along with David Tykulsker, Esq., for Plaintiffs in the class action case Jose Barragan Contreras et al v. Rosann Landscape et al. If you worked for Rosann Landscape Corp., Rosann Land Improvement Ltd., A.F.A. Management and/or Ana Maria Birlesuci at any time from August 24, 2011 to present, please click here for an important notice regarding your rights and how you may participate in the case.
El Centro de Justicia para Trabajadores de Nueva York fue nombrado los Abogado de la Clase, junto con David Tykulsker, Esq., para los Representantes de Clase Demenadantes, José Barragan Contreras et al. v. Rosann Landscape et al. Si trabajó en cualquier momento desde el 24 de agosto de 2011 hasta la fecha presente, con Rosann Landscape Corp., Rosann Land Improvement Ltd., A.F.A. Management y/o Ana Maria Birlesuci en, haga click aqui para obtener un aviso importante sobre sus derechos y cómo puede participar en el caso.
Staff and supporters of WJCNY were in court yesterday in Albany as we continue our fight in challenging the Jim Crow-era state law, the State Employment Relations Act, that denies farmworkers the right to organize in their workplaces without the fear of retaliation. WJCNY is a co-plaintiff in the case, along with farmworker, Crispin Hernandez and sister organization, the Workers’ Center of Central New York (WCCNY). The plaintiffs are represented by the New York Civil Liberties Union.
The basis of the lawsuit, now before the appellate court in Albany, stems from the firing of Crispin Hernandez by his former employer, Mark’s Farm, after Crispin was observed by his employer discussing poor workplace conditions with co-workers and an organizer from the WCCNY. “Without farmworkers and our labor, New Yorkers wouldn’t have fruits or vegetables to put on their dinner table,” said Mr. Hernandez. “We deserve to be treated like human beings, without fear of retaliation.”
Coinciding with yesterday's court appearance, Mr. Hernandez penned an op-ed published in the New York Daily News discussing the struggles of farmworkers who lack the essential right to organize their workplaces and why it is important to end the shameful exclusion of farmworkers from this essential right.
When the State Employment Relations Act was passed in 1937 to incorporate the federal New Deal Era-protections for workers into New York law, lawmakers carried over a carve-out excluding farmworkers and domestic workers from worker protections. The federal protections had excluded farmworkers, the majority of whom were black at the time, as a compromise to get the votes of segregationist members of Congress. This exclusion now applies to farmworkers in New York today, who are, for the most part, immigrant workers.
When the plaintiffs initially filed suit in May of 2016, both Governor Andrew Cuomo and the state Attorney General publicly agreed that excluding farmworkers from the right to organize conflicts with the state constitution. Both declined to defend the lawsuit in court. However, the New York Farm Bureau requested that the court allow it to intervene to defend the law as a party in the case. The New York State Attorney General’s office filed a brief in support of the position that the exclusion is unconstitutional.
“There is simply no justification for depriving farmworkers of the basic right to organize,” said Carly Fox, an advocate with the Worker Justice Center of New York. “For many decades, each time farmworkers and their allies have advocated for much-needed changes to laws governing their labor rights, the Farm Bureau has used its power and influence to lobby New York lawmakers to preserve the status quo and leave farmworkers in a position of vulnerability. Justice is clearly on the side of the farmworkers, and we will keep fighting until we win full equal rights.”
A decision by the appellate court is expected in the coming months.
For more coverage of our day in court, see:
"Suit to allow farmworker organizing heard in Albany appeals court." Watertown Daily Times, Feb. 12, 2019
"Arguments heard in farm worker rights suit." Times Union, Feb. 11, 2019
Yesterday the New York State Assembly held a public hearing on the persistent problem of wage theft in New York State. Representatives from the Assembly's Labor and Judiciary committees heard testimony from workers and advocates in an effort to better understand how the state can address wage theft through legislation and improved enforcement measures. Emma Kreyche, Senior Organizing & Advocacy Coordinator at WJCNY, provided testimony outlining the barriers workers face in holding employers accountable for wage theft and other workplace abuses. Emma pointed to the need for New York State to adopt basic labor protections for farmworkers, including overtime pay and collective bargaining protections, as well as for legislation that would strengthen enforcement of existing labor law. In particular, the EMPIRE (Empowering People in Rights Enforcement) Act would allow aggrieved employees and trusted public interest organizations to file claims against employers who violate state labor law on behalf of the Labor Commissioner. The bill would both generate revenue for state enforcement efforts and provide an important remedy for workers forced into signing arbitration agreements that prohibit class and collective actions. Additionally, the SWEAT (Securing Wages Earned Against Theft) Bill would provide victims of wage theft with necessary tools to collect on judgments. Too often, abusive employers evade enforcement of the law by transferring private and corporate assets, stymieing efforts by workers to recover damages. SWEAT would allow workers to freeze the employer’s assets, ensuring that workers who are cheated out of their pay can actually get it back. WJCNY also supports the One Fair Wage campaign, which aims to establish an equal minimum wage for tipped workers. The adoption of these measures would serve as a powerful deterrent against wage theft and worker exploitation, ensuring robust enforcement through the combined efforts of impacted workers, public interest organizations, and the New York State Department of Labor.
In the past six months, WJCNY and our clients succeeded in recovering hundreds of thousands of dollars in unpaid wages, penalties for various labor standards violations, and attorneys’ fees for WJCNY’s legal representation. These cases span a vast geography—from the suburbs of New York City to rural areas of Western New York—and across an array of industries including construction, food preparation, large-scale crop farming and dairy businesses. WJCNY commenced litigation, on behalf our courageous clients, in federal and state courts, as well filing complaints with administrative agencies, to pursue relief for wage theft under the Fair Labor Standards Act and New York Labor Law, and illegal retaliation against workers in in violation of the National Labor Relations Act. The successful resolution of these cases not only provides monetary compensation to directly affected workers but also serves to deter future labor abuses by these employers, thereby benefiting hundreds of low-wage workers.
The widespread failure of employers to pay workers the wages they have earned harms New York families and the public. It deepens poverty, reduces state and local revenue, increases the use of public assistance and disadvantages local business owners who play by the rules. Despite the severity of the wage theft epidemic, governmental resources for the enforcement of labor standards are grossly insufficient and only a small fraction of unpaid wages are recovered by federal and state agencies combined. Moreover, the incidence of wage theft is greatest among recent immigrants who are often unlikely to engage with governmental offices, especially when linguistic and cultural barriers exist. Currently, no other non-profit legal service provider in New York maintains an anti-wage theft program across the entirety of upstate New York. WJCNY’s role in enforcing labor standards for low-wage workers is critical to securing dignified treatment of all New York workers and combating the negative consequences of labor violations for all communities.
WJCNY Files Class Action Against Café Spice, a Major Prepared Food Supplier, For Array of Labor Violations at New Windsor Plant
This past Friday, WJCNY filed a complaint in U.S. District Court on behalf of over 200 current and former employees of a large-scale food processing, packaging, and distribution plant operated by Café Spice, Inc. in New Windsor, NY. The lawsuit alleges that the company’s treatment of its workers violates the minimum wage, overtime and timely payment provisions of the federal Fair Labor Standards Act and the minimum wage, overtime, timely payment and unlawful deductions provisions of New York Labor Law. The case was brought by six former Café Spice, Inc. employees who seek relief for themselves and other similarly situated current and former employees.
The defendant, Café Spice, is a popular and highly profitable culinary enterprise that includes numerous restaurants, express booths, and a wholesale division that provides prepared dishes to retailers and food service companies across the country, such as Whole Foods and Sodexo. The company grosses an estimated $25 million in sales annually. Despite the company’s purported commitment to social responsibility, workers at Café Spice’s wholesale production facility describe widespread and varied labor violations over the past decade. Plaintiffs allege that the company drastically increased production and ignored dangerous working conditions while reducing break times, demanding longer hours and “off the clock” labor, failing to pay wages in a timely manner, taking unlawful deductions from employees’ paychecks, misclassifying workers, failing to provide spread of hours pay, failing to provide proper hiring and wage notices, and neglecting to pay the required minimum wage and overtime rate. “Many of us worked for the company for years under very tough conditions,” says Plaintiff Isaac Runciman. “We are only asking for what we are owed and what is just.”