For many low-wage workers, it’s not a hypothetical question. Businesses routinely refuse to pay the correct hourly wage, dodge taxes by misclassifying workers, refuse to pay workers earned overtime, and make employees work “off the clock.” More than 2 out of 3 low-wage workers experienced at least one type of wage theft in the previous week according to a 2010 survey of 4,000 workers in low-wage industries. The estimated average amount of wages stolen annually? $2,634 out of total average earnings of $17,616. That’s like an extra 15% tax on the poorest workers! As Mayor Gray prepares his budget, one of the most effective investments he can make in DC’s economy is to beef up enforcement of basic wage and paid leave laws designed to protect workers from wage theft. Why do employers steal so frequently from their employees? They know that enforcement is lax, they’re unlikely to get caught, and that, even if they are investigated, they’ll face few or no penalties. And yet, DC keeps cutting the staff of the agency charged with enforcing these laws even as the enforcement needs continue to grow, from 25 investigators down to 6. Unsurprisingly, the Office of Wage-Hour isn’t keeping up with the demands of the hundreds of workers who go there because they have been cheated out of their pay. Even when OWH is able to help a worker get their wages paid, the OWH rarely pursues any penalties or additional damages. Why? First, the measly $300 or $500 civil penalties it is allowed to assess don’t even cover the cost of the penalty hearing to collect them. Second, the OWH is failing to obtain additional liquidated damages to compensate employees for the harm caused by stolen wages because it often caves to business opposition in order to avoid litigating. With little risk of penalties or sanctions, lawbreakers have nothing to fear. The worst that happens to them when they rip off their employees is that they have to pay what they already owed in the first place. It’s like punishing burglars by asking them just to give back the TV and call it a day! How do we fix this broken system? We can start by requiring wage law violators pay the costs of enforcing the law just as we ask polluters to pay for the costs of environmental cleanup. That’s a much fairer solution than the status quo, which places the burden on low wage workers and honest businesses to pick up the tab for those who break the rules. DC suffers when workers are robbed of their livelihood. By increasing penalties and requiring those found guilty of wage theft to pay the District’s enforcement costs, the Mayor could crack down on wage theft while increasing the District’s revenue. It’s a rare budget win-win. -Ari Weisbard, Advocacy Manager, D.C. Employment Justice Center cross posted at http://makeonecitypossible.com/2012/02/09/what-would-you-do-if-your-boss-slipped-50-out-of-your-wallet-every-week/
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EJC staff and several other members of DC's Fair Budget Coalition showed up at Mayor Gray's press conference today and grabbed the Mayor's attention for an impromptu discussion of the needs of DC's lower income residents. We pushed him to invest in programs and policies that help people afford to live in their community, protect our most vulnerable residents, and tackle unemployment through smart investments in training and education.
We'd like EJC's supporters to add their voices to those calling for a Fair Budget.
Mayor Gray is in the process of setting his priorities for this year’s budget and he needs to hear from us! He has the opportunity to restore critical funding to safety net services that have suffered deep budget cuts during the recession. Find out more about the programs that have been badly cut here and vote for our priorities to be discussed at the Mayor's "One City Summit" this Saturday here.
Please email or call the Mayor (eom@dc.gov or 202-727-6263) to let him know you support a fair budget that Makes "One City" Possible.
Sample Email:
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Dear Mayor Gray,
I am writing because I want you to Make One City Possible by investing in programs and policies that create opportunities to live and work in the District. The gap between the rich and the poor in DC is growing, and safety net programs have been cut drastically when people need them the most. I urge you to invest in programs and policies that help people afford to live in their community, protect our most vulnerable residents, and tackle unemployment through smart investments in training and education. I support the recommendations of the Fair Budget Coalition, which can be found at www.Makeonecitypossible.com.
Some of those recommendations include:
-Restore $1.2 million to adult basic education and literacy programs, which will allow 400 more residents to get the skills needed for further education, training, and employment.
-Invest $2.25 million to provide support and housing to help 150 homeless families on TANF move to work. Housing subsidies and intensive support services will give families a stable foundation to participate in training and to move toward employment and independence.
-Restore $4 million to Interim Disability Assistance so that 1,200 District residents who cannot work due to a disability have a modest income to make ends meet and access services that promote recovery and less costly emergency care.
-Enforce workplace protections laws, like the minimum and living wage laws, the Accrued Paid Sick and Safe Leave Act, and the Wage Payment Act, and strengthen penalties against employers who violate their workers’ rights and try to steal their wages.
Please let me know where you stand on these recommendations.
[Your name and address]
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“Working with EJC – they have helped me get my benefits restored that were stolen from me for over seven years and they are still helping me to get my life insurance and my retirement benefits that have been illegally stolen, withheld or have disappeared.” -Shirley
Shirley was injured on the job with the DC government through no fault of her own. The Office of Risk Management and the third party contractor it uses to outsource the disability compensation program denied Shirley benefits despite the fact that she was completely unable to work.
Shirley filed to have her benefits reinstated. She was told that a letter had been sent to her that terminated her benefits. She never received this letter. As such, she filed an appeal.
After a struggle for seven years and with the help of the EJC, Shirely was able to win back $45,000 she was owed in back pay and full reinstatement of her disability benefits going forward.
Shirley is also a member of EJC’s Workers Advocating for Greater Employment (WAGE) and Injured Workers Advocates (IWA). As a member of both groups she has had the opportunity to testify before the DC Council, speak with executive branch staffers, and testify regarding legislation affecting the disability compensation program.
The EJC is excited to announce that Barbra Kavanaugh Esq. has been named Executive Director of The DC Employment Justice Center. Following a methodical and thorough search process, the search committee — comprised of members of the board and community leaders — enthusiastically selected Barbra to lead The EJC's ongoing efforts to protect and promote the rights of low-wage workers in the DC metro area.
Read more about Barbra here.
“I just want to say that I’m very grateful to E.J.C. for all of the advice and the support they’ve given me.” -Carolina
When the owner of the company she worked at started to sexually harass her, Carolina tried to protect herself by telling her coworkers, but nobody had the power to stop him. When the owner found out that she had informed his wife, Carolina was terminated without notice. In addition, her unemployment claim was denied because her employer had misclassified her as a subcontractor.
Carolina came to the EJC seeking both her unemployment benefits and to take action against her former employer. Through mediation that the EJC helped her prepare for, she has received unemployment benefits. She is currently seeking compensation for wrongful termination and sexual harassment.“I’m here because my job wouldn’t give me my pay stubs and they were taking money out of my check without my knowledge” -Andrew
Andrew works in construction, and his specialty is glass. One of his previous employers automatically deducted anything Andrew broke out of his paycheck. This practice is illegal unless the employer has the employee sign a receipt indicating that he is willing to pay for the broken item.
Andrew came to the EJC to receive help recovering the money he is owed, and for help to begin receiving unemployment insurance. The staff at the EJC clinic helped him draft a demand letter requesting the money he is owed. In addition, they guided him through the process of filing for unemployment insurance, then later appealing his denial of benefits.
The 5th edition of the Employment Justice Center’s Workers’ Rights Manual is a comprehensive guide to employment law in the District of Columbia, with additional information on Maryland and Virginia law. Chapters include: wage and hour, unemployment compensation, FMLA, discrimination, sexual harassment, workers’ compensation, OSHA, criminal records as a barrier to employment, and more!
Purchase the Workers' Rights Manual here.
District of Columbia residents fare worse in almost every major economic and social indicator than the rest of the general population. The Hill-Snowdon Foundation commits resources to strengthening the practice and culture of community organizing in the region. Article Link
“Had it not been for the help that I received from E.J.C., I [have] no idea as to where I would be at this time.”
Sandra was injured on the job through no fault of her own and then denied workers’ compensation benefits. She came to the EJC looking for help with her case. She could not work, but the insurance company insisted she could.
Sandra lost her house because the DC government wouldn’t pay her disability compensation.
The EJC helped Sandra draft a letter requesting a reconsideration of her benefits regarding her worker’ compensation.
She finally received some of her benefits, and was able to recoup her house!
Sandra felt so impassioned about reforming the Workers Disability Compensation Program in DC, she joined the Injured Workers Advocates (IWA) and later Workers Advocating for Greater Employment (WAGE). With IWA, she successfully advocated for an audit of the Office of Risk Management, including a review and improvement of management.
View a statement from Sandra at http://www.youtube.com/employmentjusticectr“I have found E.J.C. to be very effective in helping the community in seeking employment [and] defending rights of those who could not defend for themselves.” -Edna
Having been injured on the job in 1995 and again in 2002, Edna has experienced a long and difficult road of seeking disability compensation and returning to work. The EJC helped her throughout the process of appeals.
With the EJC’s consultation, Edna was able to represent herself at a Disability Compensation Program hearing. She was awarded back benefits for carpal tunnel syndrome. The District Government then attempted to appeal Edna’s victory. When EJC provided Edna with pro bono counsel, the District withdrew their appeal.
The Office of Risk Management then refused to give Edna her benefits. They had not paid her for 2 years, so she filed an appeal in DC Superior Court for enforcement. The EJC helped her draft her appeal. Edna is currently receiving the benefits she is owed, as she cannot work.
Edna is also a member of EJC’s Workers Advocating for Greater Employment (WAGE) and Injured Workers Advocates (IWA). As a member of both groups she has had the opportunity to testify before the DC Council, speak with executive branch staffers, and testify regarding legislation affecting the disability compensation program.



