Worker Stories

Stories From The Front Lines

This story was written by intern Suzy Jivotovski after an interview with a worker who successfully recovered her wages, and has asked to remain anonymous. I worked for a contracting company doing cleaning work for a hotel in the spring of 2014. I, along with several other women, were told we would be paid $15.95/hr and work 7 hours a day. Our supervisor told us he would be keeping track of our hours and paychecks. When we asked to see the records, he told us he had lost them. We were never shown copies. We only worked for two weeks. On the 29th of April, we arrived to our worksite as scheduled, but the supervisor was not there to let us into the hotel rooms so we could do our job. We called him several times with no answer. He did not arrive at the worksite for the next two days, and none of us were able to contact him. The supervisor disappeared without paying me for two full weeks of work that I completed in April totaling just over $1,000 in wages. Without this money, I was unable to pay my rent for the coming month and was evicted from my apartment. Since the supervisor was gone and we could not continue with the cleaning work, I was left unemployed and without any income, so I had to apply for unemployment. I went to the Employment Justice Center to see how they could help me recover my stolen wages. I was advised to write a demand letter to my employer. I also called the principal office of the company several times, but they never responded to me. I decided to visit the company’s headquarters in DC to ask for my money in person. The second time I went, I was able to meet with my supervisor’s boss, who gave me a check for the wages I was owed. This is not the first time I have been a victim of wage theft. Companies and supervisors are accustomed to treating people this way, but it is not right. I have advice for people who are experiencing this injustice: seek help. It can be hard, and I know people are scared that they have no power in this situation or no time to do anything about it. But sometimes, you fill up with courage. It’s so important to speak up and take action to get the money you are owed and show employers that they cannot continue to rob people of their salaries. I want justice for all workers. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Está historia fue escrita por la estudiante de pasantía, Suzy Jivotovski, después de una entrevista con una trabajadora que logró recuperar su salario, y ha pedido quedarse anonima. Yo trabajé por una compañía de limpieza en un hotel en la primavera de 2014. Nos dijeron que nos iban a pagar $15.95/la hora y íbamos a trabajar 7 horas cada dia. Nuestro supervisor nos dijo que él iba a apuntar las horas y datos que hemos trabajado. Cuando le preguntamos si podíamos ver la anotación de las horas trabajadas, nos dijo que la perdió. Nunca vimos la libreta con la documentación de las horas que hemos trabajado ni la calculación de nuestro salario. Solamente trabajamos dos semanas. En el 29 de Abril, llegamos al lugar de trabajo el la hora arreglada, pero nuestro supervisor no estaba allí para dejarnos entrar en los cuartos para limpiar. Le llamamos muchas veces sin ninguna respuesta de él. El supervisor no llegó al lugar de trabajo en los proximos dos dias, y ningun de nosotros podía contactarlo. El supervisor se huyó sin pagarme por una quincena de trabajo que completé en Abril. Se huyó sin pagarme $1000. Sin este dinero, no pude pagar mi renta y me desalojó de mi departamento. Como no pude continuar con el trabajo en el hotel, estaba desempleado y sin un sueldo. Tenía que aplicar por el desempleo. Fui al Centro de Justicia del Trabajador a ver como me pueden ayudar en la búsqueda de mi pago robado. Me avisaron a escribir una carta de demanda al empleador. También llamé a la oficina muchas veces sin una respuesta de ellos. Decidí a visitar a la oficina principal de la compañía en DC. Después de dos visitas, la secretaría de la oficina reunió conmigo y me dió un cheque para la quincena que trabajé. No es la primera vez que he sido víctima del robo de pago. Compañías y supervisores están acostumbrados a tratar los Latinos así, pero no es justo. Tengo un aconsejo para personas que han tenido una experiencia con el robo de pago: busca ayuda. Ya sé que el miedo y la falta de tiempo pueden ser obstáculos, pero es tan importante tomar acción y buscar el dinero que uno merece. A veces, se llena de coraje. Tienen que mostrar a los empleadores que no pueden continuar a robar la gente de sus sueldos. Quisiera que haya justicia para todos los trabajadores.

Why We Need The Wage Theft Prevention Act

Last year, the District of Columbia received an F grade on a national report of wage theft laws throughout the United States. It is far too easy for employers in DC to commit wage theft – to refuse to pay all or part of a worker’s regular wages or overtime. And it is far too difficult for victims of wage theft to hold employers accountable for not paying them the money they worked so hard for. On Friday, March 14, Councilmember Vincent Orange convened a hearing on the “Wage Theft Prevention Act of 2014” to finally do something about the District’s dismal laws and enforcement that fail so many workers. The bill, co-introduced by Councilmembers Orange (At-Large), Graham (Ward 1) and Cheh (Ward 3), would create a more transparent, efficient, and reliable process to file and resolve wage claims, provide better protections for workers who stand up for their rights, allow for better access to lawyers for wage theft victims, and increase penalties to hold dishonest and unscrupulous employers accountable. At the hearing, many workers testified about their experiences with wage theft and how the current system isn’t doing enough to protect their rights and their hard earned pay. Unpaid Wages Maria Hernandez was hired to clean a school the day before classes were to begin. “We worked for 16 hours straight,” she told the committee. “And once we finished working – tired, frustrated – they refused to pay us for what we had worked.” Maria’s story is tragic, but sadly it is also far too common. Mario de la Cruz testified that he is owed about $5,000 for 34 days of work. Maria Sandoval spoke about how she was made to work for over a month without getting paid. Samuel Abutair discussed how he was fired without being paid, and that the employer had done this to four other workers as well. Several workers were paid for fewer hours than were owed to them. Julio Sanchez told the committee that he “used to finish work in the bar were I worked at 3:30 AM, but they made us punch out at 12:30 AM.” And Tomas Arevalo stated that he worked about 45 hours a week, but was only paid for 40 hours of work. Harming Workers Those lost wages have major consequences, as several workers spoke to. Without them, many workers struggled to make ends meet, missing bill payments, harming their credit and, in some cases, causing them to become homeless. For several, such hardships also led to emotional distress and health problems. A Failed System Other workers testified as to how the Office of Wage Hour had let them down, or made the process slow and difficult. “When I first took them the overtime issue…it took more than a year,” stated Danny Felix. “And I’m getting paid at the bottom of the totem pole. I’m living off of this money. I’m trying to pay bills and juggling.” Omar Sorto talked about how OWH failed him. “The Office of Wage Hour had set a date for a fact finding conference,” he said, “but they informed me of it 2 days after the conference was supposed to be held. I learned about the conference too late.” The Importance of the Wage Theft Prevention Act As bad as wage theft in the District of Columbia has been, the Wage Theft Prevention Act would be a huge step forward. Tomas Arevalo explained how important it would be to him. “It would help me be more reliable in bringing home food to my family and maintaining my home. I think that, with this law, I’ll be able to pay my bills and other experiences, to be able to keep my home, and it would be more stable.” And as EJC Deputy Director Ari Weisbard put it, “People who work hard for a living deserve to make a living. You’ve helped guarantee that pushing through very quickly the raise in the minimum wage, but now we need to make sure it’s enforceable, and that their wages are not stolen by the people who hire them.”

Workers draw in community, activists at community meeting on wage theft

Joined by over 60 DC workers and activists, the EJC’s worker activist group, Workers Advocating for Greater Equality (WAGE), sent a powerful message to their community at Saturday’s community meeting: stand up to wage theft. Workers shared stories about their experiences with wage theft with other DC workers, activists, and with the DC Councilmember Jim Graham (Ward 1), who earlier this month co-introduced the Wage Theft Prevention Act of 2014. WAGE members will be testifying at the bill's hearing with the Committee on Consumer and Regulatory Affairs at 10am on March 3, and has asked their community to stand with them in the fight against wage theft. Many workers shared their experiences with wage theft and the impact it had on their lives. “Me metí a un restaurante ... a mí me pagaban $400 a la semana y yo estaba contento y todo eso pero no sabía que me robaron allí el overtime (I starting working at a restaurant… they were paying me $400 a week and I was happy, but I didn’t realize that they were stealing my overtime),” said one worker activist who was successful in recovering his unpaid wages.

A worker activist speaks out about his experience with wage theft at a DC restaurant.

A worker activist speaks out about his experience with wage theft at a DC restaurant.

“Y que de mi? Como le hago? (And what about me? What do I do?)” asked Gregorio Hernandez, whose case is still unresolved. “Con cinco hijos que hay que pagar renta, vestir, comer, medicinas, y estudiar? He tenido que ir al psicologo para superar mi depresión (With five children, and I have to pay rent, clothing, food, medicine, and studies? I’ve had to go to the psychologist to overcome my depression).” “Y como yo también hay muchos que por miedo no hablan (And like me there are others, who don’t speak out because of fear)," he added. “Sin importar la nacionalidad, sin importar el credo, sin importar la posicion política, este proyecto de ley que nosotros estamos impulsando es con el proposito de ayudar a todos los trabajadores de DC (It doesn’t matter your nationality, it doesn’t matter your creed, it doesn’t matter your political beliefs, this bill we are promoting is with the goal of helping all workers in DC),” said worker leader Tomas Arevalo from El Salvador. "Sin importar el trabajo que usted desempeñe, sin importar si no es mucho lo que a usted le ofrecieron pagar, pero lo importante sería que a usted se le pague. Pero si a usted le ofrece pagarle una cantidad, y le resulta con otra que no era la convenida, entonces lógicamente le están robando su pago (It doesn’t matter what type of work you perform, it doesn’t matter if you aren’t making a high salary, but what is important is that you are paid. If they offer to pay you one amount, and the amount they pay you is less than what you agreed, then logically, they are stealing your pay)." Maria Hernandez asked for the community to not stay silent and to speak out if they are being abused in the workplace. “Quiero pedir de mis compañeros y personas que estamos en este país, sea de donde sea, que nunca callemos en el trabajo. Porque a veces tenemos temor por la preocupación de no poder darles a nuestros hijos lo que queremos. Como decimos, todos luchamos con el temor de que nos boten de nuestros trabajos, por la preocupación que no podemos pagar la renta o la comida. A mi una vez tuve problemas con eso por un robo de pago, yo tuve que pagar como $47 solo por 3 dias que yo me retrasé de pago (I want to ask my community and the people in this country, wherever they are, to never stay silent at work, because sometimes we are afraid and worried that we will not be able to give our children what we want. As we say, we all struggle with the fear that they will kick us out of our jobs, for the concern that we will not have money for rent or food. I once had problems with wage theft, and I had to pay $47 in fines because my rent was three days late).”
Maria Hernandez asks for her community to not stay silent.

Maria Hernandez asks for her community to not stay silent.

Councilmember Jim Graham (Ward 1) attended the meeting, commended the workers for their organization and their heart, and called on them to continue speaking out at the hearing for the Wage Theft Protection Act on March 3. "It's very important that person after person, like you did today, talk about the wrongdoing that has occurred here in the United States against you when people have stolen your money,” he stated. As the workers always state, “En la unión esta la fuerza.” “Me siento contento que tenemos un buen grupo para seguir luchando contra todas las personas que nos quieren explotar en los trabajos (I am pleased that we have a good group to continue struggling against all of the people who want to exploit us at work),” said worker activist Alex Canales. The EJC and WAGE would like to thank the community members who came to the forum as well as ROC-DC, DC Jobs with Justice, Trabajadores Unidos de DC, UFCW Local 400, GW Progressive Student Union, DC for Democracy, Lawyers’ Committee for Civil Rights, and the National Day Laborer Organizing Network (NDLON). Thank you for your dedication to the wage theft campaign and supporting workplace justice in DC! For more information about the Wage Theft Prevention Act, check out the report Stolen Wages in the Nation’s Capital. Want to join us to pack the room at the hearing for the bill on Monday, March 3? Please RSVP here. Want to testify at the hearing about your experience of wage theft? Email organizer Hannah Kane for details at hkane@dcejc.org.
Jim Graham joined the worker activists at their community meeting on wage theft.

Jim Graham joined the worker activists at their community meeting on wage theft and asked them all to come testify at the bill's hearing on March 3.

“Finally someone put a stop to it”

ondina Ondina, a 26 year old woman from Honduras, is an exceptionally hard worker. On an average day, Ondina wakes up early, prepares breakfast for her husband, goes to the gym, comes home to shower, and heads off to her first job. After working for eight hours, she heads straight to her second job, arriving home in time only to  go to sleep. “Cuando venimos para aca es para superar, y las familias alla también (When we come here, it is to do better, and so our families do better too),” she says. However, Ondina received a rude awakening, upon arriving in the U.S. four months ago, when she took her first job as a busser at a popular restaurant in Columbia Heights (the restaurant’s name is withheld at Ondina’s request). Ondina was not paid for nearly a month’s wages.  Eventually, through being a strong self-advocate, and through the EJC's support, Ondina was able to recover the wages she was owed. In June, 2013, Ondina entered the restaurant in Columbia Heights and asked if they were hiring. Without even handing her an application, the supervisor told Ondina that she was hired and could start work that same day. Thrilled, Ondina worked as a busser for 3.5 weeks, until she realized that she had still not received a paycheck. Her manager told her that he did not know anything about when she would receive a paycheck. Unsure of whether she would be paid, Ondina decided to quit her job. She was still owed $544. A week later, the restaurant owner gave Ondina a check for just $275, which bounced when she attempted to cash it. Ondina asked her brother-in-law what she could do to recover her wages, and he referred her to the EJC’s Workers’ Rights Clinic. On July 10, Ondina met with an intake volunteer at the Workers’ Rights Clinic, who helped her draft a demand letter to her former employer for $544. Ondina mailed the letter the next day. Within a few days, Ondina received an angry phone call from the restaurant, demanding to know why she was suing them. “I’m not suing you,” Ondina replied. “I’m just standing up for my rights.” The next day, accompanied by a witness, Ondina went to the restaurant to pick up her check. She received all the wages she was owed. While she was waiting at the restaurant for her check, one of her former coworkers asked her what she was doing there. Ondina explained that she had not been paid, and told the former coworker about the EJC. “Por fin le puso un alto,” (“Finally someone put a stop to it,”) said the coworker. Despite the happy ending to Ondina’s story, she suffered hardship while waiting to be paid. She was unable to pay her rent, and was unable to send money to her mother in Honduras. While Ondina recovered her unpaid wages, the restaurant owner still managed to come away without paying liquidated damages. Without stronger penalties, there is no sufficient deterrent for employers, like Ondina's, to comply with the wage and hour laws of the District. If anything, there is a financial incentive for employers to continue to steal their workers’ wages - the employer practically gets an interest-free loan. DC workers scored some major victories last month when the DC Council passed the Wage Theft Prevention Act as part of this year's District budget. The Act contained unprecedented protections against wage theft, including allowing for damages up to triple the unpaid wages when businesses steal from their employees, but more still needs to be done to stop wage theft in DC. Sign the wage theft petition today, to ensure that all workers receive the wages they are owed and to fight for an end to wage theft in the District.

Victory! Eight Workers Recover $75,000 in Unpaid Wages

waiter picWith EJC's assistance, eight workers were able to settle their wage theft claims and recover $75,000 in unpaid wages against a downtown DC restaurant. (Due to the settlement agreement, we can't disclose the restaurant's name.)

Humberto*  worked for two years at the restaurant for 50 hours a week. He earned a flat weekly rate of $350, which is far below the minimum wage, and received no overtime pay.  Unfortunately, Humberto was not the only worker being exploited at this popular dining spot.

Between November of 2012 and February of 2013, Humberto, along with  seven other workers at the restaurant who were also being paid less than the minimum wage and no overtime, were  fired abruptly .  They began talking amongst themselves about the wage theft they had all experiences and decided to unite and take action to recover the wages they were owed.

In March, these eight workers came into the EJC Workers’ Rights Clinic. They alleged wage theft violations by their employer. The employer had paid them all less than the minimum wage, which he hid by paying them a flat weekly pay rate. As a result, none of the workers had been earning the DC minimum hourly wage of $8.25, and none of the workers was paid overtime, though they worked at least 50 hours a week. In total, the workers were owed over $90,000.

The EJC’s organizing and legal departments collaborated to develop a comprehensive plan with the workers on how they could proceed to recover their unpaid wages. As a group, the workers discussed in depth the possibilities of negotiation, litigation, and a public campaign as different ways to put pressure on their employer to pay them their wages.

The workers chose to begin by negotiating with their former employer. With representation from EJC attorney Justin Zelikovitz and support from EJC organizer Hannah Kane, the workers entered into negotiations with their employer.

Through the negotiations process, the restaurant owner agreed to pay the workers most of their wages. The workers came to an agreement with the owner that he would pay them $75,000 in back wages. In June of 2013, after years of exploitation and abuse, the workers were finally able to win back most of the wages that were stolen.

“What was important in this case was justice,” said Humberto. “We wanted [the owner] to learn that he cannot play with people’s lives. Just because we are humble, it does not mean that we will let them take advantage of us.”

While the workers recovered most of their stolen wages, the restaurant owner still managed to come away without paying liquidated damages to his former employees. Without stronger penalties like liquidated damages, there is no sufficient deterrent for employers to comply with the wage and hour laws of the District. If anything, there is a financial incentive for employers to continue to steal their workers’ wages - the employer effectively gets an interest-free loan.

But the movement to end wage theft is growing stronger. DC workers scored a major victory last month. The DC Council passed the Wage Theft Prevention Act as part of this year's District budget. The Act contained unprecedented protections against wage theft, including allowing for damages up to triple the unpaid wages when businesses steal from their employees. These protections will serve as much stronger deterrents to employers who consider stealing their workers' wages, and will substantially reduce wage theft in DC.

"We're going to continue to fight for all workers in DC," says Humberto. "This case doesn't stop with us. We want to make sure all workers are treated justly and fairly and are paid."

We still need your help to stop wage theft. Sign the wage theft petition today, to ensure that all workers receive the wages they are owed and to fight for an end to wage theft in the District.

 * name changed

I Can Smile Now

When Sandra's* employer refused to pay her $4,200 of her wages, Sandra fought back. Sandra began working as a home health aid in January 2010 for a home health agency, earning $10.50 per hour. She worked hard to ensure her ill and elderly patients consistently received the best care from her possible, yet she herself could not be assured she would be compensated for the work she performed, not knowing when the next paycheck from her employer would arrive. Over the course of the two years that Sandra worked at the home health agency, her paychecks arrived six weeks or 2 months apart, the time span between paychecks lengthening with time. When Sandra complained to her employer, she was told that they simply did not have the money to pay Sandra on time for her work. The late payments continued until Sandra , fed up, quit in January, 2012. After quitting, Sandra called her supervisor on a weekly basis to inquire about her missing paychecks, but was met with the same excuses each time. Frustrated, Sandra came to the Employment Justice Center’s Workers’ Rights Clinic on March 14, 2012 to get help. The EJC helped Sandra write a demand letter to the home health agency for $4,200 in unpaid wages. When the agency ignored the letter, the EJC helped Sandra file a claim with the DC Office of Wage Hour (OWH). Hoping to finally be paid, Sandra set up an appointment with the Office of Wage-Hour for April 2012, to file a wage claim. She met with an OWH investigator and showed the investigator all of her timesheets and bank statements to show how much the company owed. The investigator took down all of the information that Sandra had, and told Sandra to go home, and that she would be in touch. Sandra never received a call. Sandra called the investigator at OWH every two weeks for an entire year only to be told the same thing each time – they had not yet heard back from her employer. One day in June of 2013, Sandra decided she had waited long enough. She tried calling OWH one last time to ask about the status of her case when she was met with a familiar response: “I’ll call you back.” Sandra called her former supervisor at the home health agency, yet again, to inquire about her wages, but this time she had an idea. Sandra informed the agency that she would contact the media to inform them that her wages were being stolen if they did not pay her what she was owed. Two hours later, Sandra received a follow-up call from her former employer saying the company would pay her what she was owed if she could bring proof. Sandra showed proof of the wages she was owed, and on June 20th 2013, twenty-one months after she began her fight, Sandra was handed a check for the full amount of her unpaid wages. Unfortunately, Sandra's story only highlights the endemic practice of wage theft and the inability of OWH to ensure all workers in the District receive the wages they are owed. “I am very disappointed in the Office of Wage-Hour, because when someone goes to that office to get help with their problems, the office needs to do more to stand up and defend the workers,” says Sandra. “They need to stand up and help those who need it the most. This situation has been very stressful for me, to work and not get my pay” she says. “I thought about it all the time because I know it is so much money that I was owed.” Now that the case is closed, Sandra feels relieved. “I can smile now,” she explains. We need your help to win the campaign to stop wage theft. Please sign the wage theft petition to urge the DC Council to enact stronger protections against wage theft, to ensure that all workers receive the wages they are owed. *Name changed to protect worker's privacy.

Flava Happy Hour for Paid Sick Days Huge Success

At Tuesday's happy hour, we heard from activists, restaurant workers and politicians alike – all coming together to share their support for paid sick days for all. Here are Belinda Sheppard (owner of Flava) and Losia Nyankale (who works at Luna Grill and Diner in Dupont), speaking about their own experiences in the restaurant industry: http://www.youtube.com/watch?feature=player_embedded&v=jgIy-YhwTfY Belinda tells the story of her work with the DC Employment Justice Center, and explains why offering paid sick days to her employees is just common sense: she works alongside them, she can't afford to lose business if her customers get sick, and it's just the right thing to do. No one should have to choose between their health and their job. Losia was the subject of a recent Washington Post article, which does a great job explaining how so many foodservice workers are stuck without childcare for their kids and without the ability to stay home to take care of them when they do get sick. "When I wake up in the morning, my routine is a little bit different. The first thing I do is I go over to my kids and I hug them. I hug them because I love them, but also I hug them to make sure they don't have a fever." Workers like Losia need guaranteed paid sick days, no matter where they work or how long they're working there. That's why this campaign is so important. We also heard from Councilmember Tommy Wells: http://www.youtube.com/watch?feature=player_embedded&v=WvIbtKR8KfE Councilmember Wells spoke about how the dire predictions of the restaurant lobbies haven't come true in the wake of the 2008 paid sick days law. "It's not the anti-business killer everybody said it would be." It's true – a report by the DC Auditor found that the law has had little to no impact on businesses deciding to locate in the District. Councilmember Wells also implored all of us to join the fight and make our voices heard in the Wilson building! "We need to go back and bring everyone with us. Those brothers and sisters who work every day need to come in and have the same rights as all of the other folks." This won't be easy. Councilmember Wells also spoke to us about some of the opposition we're going to face throughout this summer and into the fall. "I'm a partner in this, but I need your help. There's a lot of corporate interests – they've already started calling my office, and they're outraged...You don't see them; they're in all of our offices, they raise money for our races, they raise money for my colleagues...they have a tremendous amount of power down at the Wilson building...You're going to have to suit up, get into battle, walk our halls – don't ask for permission – meet with us, talk to us." We have a lot of work ahead as we get the word out this summer, and we need your help! Check out the events we have coming up, including a pub crawl and canvass at Screen on the Green. With your help, we can make paid sick days a reality for all workers in the District. As Councilmember Wells said: "It's on. As of right now, it is on."

EJC's Amazing June Wins for Workers

June was the biggest month yet for EJC victories. Here's a glimpse at all we've accomplished with your help this month. DC Council Acts to Prevent Wage Theft

From left to right: EJC activists Yvonne Johnson, Howard Mayo, Solange Ayuk, and Eugene Thomas testify about their experiences of wage theft

From left to right: EJC activists Yvonne Johnson, Howard Mayo, Solange Ayuk, and Eugene Thomas testify about their experiences of wage theft

Last Wednesday, DC workers scored some major victories when the DC Council passed the Wage Theft Prevention Act as part of this year's District budget. For years, workers have had to struggle just to get the wages they're owed. Unscrupulous employers have gotten away with stealing their workers' wages because they end up paying just the wages they owed in the first place even when they get caught. As soon as the Mayor signs this law, workers will be able to get up to four times the wages they're owed as compensation for the hardship of having to fight for months or years for their wages. The Act will also make it easier for workers who are cheated out of federal prevailing wages and benefits to enforce their rights in DC courts. This is a huge leap forward for DC workers. Thanks to the worker activists and EJC volunteers and allies who testified about their experiences of wage theft before the DC Council and all who turned out or emailed in support of this amendment. This victory is yours! DC Auditor Adds Fuel to Paid Sick Days Campaign Paid Sick Days LogoDC’s local paid sick days law is a success, but needs to be strengthened according to a report released Wednesday by the DC Auditor.  The report examined the 2008 law’s impact and found that 18% more businesses are offering paid sick days in 2012 than before the law was passed.  However, more than 30% of businesses reported that they still do not offer paid sick days, showing the need for wider coverage and stronger enforcement standards. See coverage in the Washington Post, Washington Business Journal, CBS, Salon, and  Think Progress. The long-delayed audit was finally conducted due in large part to EJC’s advocacy over the past year. Bikeshare Campaign Heating Up Capital Bikeshare workers hold a press conference in front of DDOT office after delivering their petition to Alta demanding their unpaid wages.The EJC joined past and present Capital Bikeshare workers last week as they delivered nearly 1500 petition signatures to Capital Bikeshare District Manager Eric Gilliland. They demanded more than $100,000 in back wages and benefits required under the Service Contract Act. Their actions received coverage in the Washington Post and other outlets and workers were interviewed on Fox 5 News and WPFW 89.3’s Morning Brew. EJC Announcements: We are pleased to announce several exciting developments for the EJC this month:
  • The EJC was honored by our amazing allies, Jobs with Justice, at the 11th Annual I'll Be There Award.
  • EJC's Ari Weisbard has been promoted from Advocacy Manager to the role of Deputy Director. In addition to leading the EJC's advocacy work, Ari is taking on more responsibility for the financial management of the office. Congratulations Ari!
  • EJC's Executive Director Barbra Kavanaugh is now serving on the Board of Directors of Wider Opportunities for Women (WOW). WOW works nationally and in its home community of Washington, DC to build pathways to economic independence for America's families, women, and girls. WOW has a distinctive history in changing the landscape of women and work.
  • The EJC thanks to all who donated to help us continue our work to support workers' rights during our Do More 24 fundraiser.
What’s next? Take action with us: Sign the petition from past and present Capital Bikeshare workers to Alta CEO Mia Birk demanding that Alta pay them back wages and benefits. Celebrate with us: Join us on July 9 at 5:30pm as we celebrate Belinda Sheppard, activist with the Employment Justice Center and owner of Flava at Wa-Zo-Bia Bar and Lounge. Belinda just signed on to support the Paid Sick Days for All campaign and supports providing paid sick days to ALL of her employees. Help us show her some love and appreciation by bringing yourself and all your friends to her bar on July 9th! Please RSVP on Facebook or by emailing Naomi Iser at niser@dcejc.org. Save the date: EJC's Annual Labor Day Breakfast is scheduled for September 24th at the Mayflower Hotel in Washington, DC. For more information, contact Kyle Phillips at kphillips@dcejc.org. And, as always: Support us: None of our work would be possible if we didn't have support from people like you. Spread the Word: Like us on Facebook and follow us on Twitter! Get instant updates about EJC and workers' rights and spread the message about important worker justice campaigns.

We are going to get it done

ray hamlet picWhen Ray Hamlet went to the DC Office of Wage and Hour to file a claim for unpaid wages, he did not expect to be given the wrong information about how much money he was owed. But that is what happened when he went to report the thousands of dollars in overtime and unpaid wages he was entitled to from Carl's Place, the group home for disabled adults that he worked in for several years. Ray worked as a counselor at Carl's Place and his workday started at 11:00pm and went well past 9:00am the next morning. He ensured the safety and security of the disabled men he looked after and prepared their morning meals. He worked an average of 20 hours of overtime each week and, when he noticed that his paychecks were short (as well as those of his coworkers), he followed up with his supervisor at Carl's Place's head office. He was told that it would all be "taken care of." As weeks went by and Ray became worried that he would not be able to pay his bills on time, he asked the head of Carl's Place about the status of his payment. She replied laconically that, "Don't worry Ray, okay, we will figure it out and by the way we don't need you anymore. I can do that. I can let you go." Ray was shocked and recalled that "no real reason was given. Are they claiming I was insubordinate because I kept asking for my money? I was there for the company because of the hours that I worked. That was my obligation." He notes that he gave a huge part of his life to Carl's Place and, "my job quit me." Ray went to the Worker's Rights Clinic hosted by the Employment Justice Center and learned that he would have to file a claim with the Office of Wage and Hour to get his unpaid wages. He also learned that in addition to being owed overtime, he was paid less than he should have been under the DC Living Wage Act. The Act requires that contractors and subcontractors receiving significant government assistance in DC, like Carl’s Place, pay their employees at least $12.50 an hour and Ray was paid less. Ray went with an EJC Outreach Fellow to the Office of Wage and Hour to file his claim. Relieved that he had received some guidance about his case, Ray was expecting the Office to help him. He felt tense, but assumed that they were the experts and would pursue his claim. In fact, like states from Virginia to Iowa, the understaffed DC Office of Wage and Hour declined to offer much help. Unfortunately, in order to get help, workers are often required to provide copies of all their time-sheets and related documents, even though their employers often withhold these documents. After speaking to several OWH staff members, Ray was directed to an exemption in the Living Wage Act, ignoring the fact that the exemption wasn’t applicable because facilities like Carl’s Place, which operates under a waiver from D.C.’s Medicaid state plan requirements, are covered by DC’s living wage law. Ray felt like "no one was on my side. Carl's Place violated the law and the Office of Wage and Hour should be there to represent me. We need somebody to get up in their face. If I could afford to sue Carl's Place, I would, but I do not have the means for that. If you make, like, $50,000 a year and you bring an attorney they will do their job. But who you are is how they weigh you." Ray noted that many people give up on the wages that are owed them, on the employers that can't seem to do the right thing. He is not giving up. Ray joined with other members of the EJC's worker's rights group at a hearing held on May 1 to demand that the DC government hold the Office of Wage and Hour accountable and address wage theft in the city. Before the Hearing, Ray wondered, "Is it me? Could I have done something differently?" But when he met many others who have been denied the wages they have worked hard for, he realized that he is not alone. Across the country, workers are holding state and local governments accountable to uphold the law. In New York, advocacy by fast food workers has led to investigations of wage theft and in California new Labor Commissioner Julie Su is proving that government can be an aggressive advocate and protect both workers and good businesses that follow the law. The DC Wage Theft coalition of workers, unions and community organizations was also successful in securing more investigators for the DC Office of Wage and Hour. On May 2, the DC Department of Employment Services announced an increase of staff from five to eight. But there is much more work to be done. Ray concluded, "I'm looking out for the next person. If I scream loud enough, someone has to hear me. We started it, we need to keep it going. We are going to get it done." Want to support workers like Ray? Sign their petition to the DC Council asking for stronger wage theft enforcement laws. This blog post was reported by Erin Kesler, an EJC Volunteer.  

Is This How Our Government Treats Its Employees?

Sandra Reed was a DC government worker in law enforcement for over ten years when she was injured on the job. While working in a jail, Ms. Reed was charged by a group of inmates who wanted to get their meal-tickets from her. In an effort to avoid being charged, Ms. Reed stepped backwards and tripped over a chair, hitting her head against a brick wall and sustaining a neck and back injury. Now Ms. Reed is struggling to pay for her monthly rent and groceries and is terrified of becoming homeless again as a result of losing her workers’ compensation benefits. Ms. Reed, like so many injured DC government workers, is a formerly middle-class worker who has been pushed into poverty as a result of her workplace injury. Due to a decade of poor administration and noncompliance, the Public Sector Workers’ Compensation Program has been cutting off benefits for injured DC government workers, leaving them without income or health insurance. In 2002, Ms. Reed, seeking to change the unjust practices of the program, joined a group of injured government workers who advocate for fairer workers’ compensation policies called the Injured Worker Advocates (IWA). IWA, along with its allies at the D.C. Employment Justice Center and D.C. Jobs with Justice, has succeeded in passing several pieces of legislation that provide greater protections to injured workers. Despite these successes, unfortunately, the system remains heavily stacked against injured workers. IWA members advocate to improve the system through legislative  reforms like the “Protecting Injured Workers Reform Act.” If added to this year's budget support act, this legislation would protect workers who are still injured from being arbitrarily cut-off by government-appointed “medical evaluators,” known as “IMEs,” whose focus is on denying claims to save money rather than fairly administering benefits for injured workers who need them. Instead of relying primarily on these evaluations, if this legislation passes, the opinions of the physicians who actually take the time to treat workers for their injuries would once again be given greater weight, as they were up until 2011 budget cuts. Ms. Reed describes the deleterious impact of these evaluations on injured workers: “The IMEs have hurt a lot of us injured workers. They always tell us there is nothing wrong with us. I lost my home and was put out on the street because of a false IME report. I was hurt financially and medically because I was not able to get the care I needed. It isn’t right. I thought the DC government would take care of me and that’s not what happened." Click here to email Councilmember McDuffie, who oversees the Public Sector Workers’ Compensation Program, and Council Chair Mendelson to tell them we want this year’s budget to protect injured workers, not push them into poverty! cross posted at http://www.fairbudget.org/act-now-to-help-d-c-s-injured-workers/

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