Worker Justice Center of New York, Inc.

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Logan Cain
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1 Worker Justice Center of New York, Inc. Overview of Achievements, The primary target population is agricultural and other low wage workers. The organization has expanded in its representation of low wage agricultural workers to other similarly situated workers in other industries. We have worked with the target population to form advocacy and self help organizations in the Kingston and Rochester, NY regions. During the period of this report, WJCNY s outreach team conducted 770 visits to migrant labor camps/farm worker homes with 4,757 farm workers involved in community legal education which included domestic violence case management and anti human trafficking work. The project also conducted 479 pesticide training programs with 1860 farm workers and migrant agency staff attending. The Project was able to secure over $551, for workers in terms of back wages, overtime pay, public benefits, minimum wage violations and violations of the Agricultural Worker Protection Act. During this period, WJCNY s DV staff continued to work with farm worker women in small empowerment groups through the Divine Women s Group (FKA Farmworker Women s Institute), a project of WJCNY designed to provide a safe haven for women to learn about domestic violence, sexual assault, and stalking. WJCNY gave legal support to Pathstone Inc., for their Low Income Tax Clinic. In addition, with funding provided by the US Department of Justice, staff continued a Trafficking project that included trainings of Law Enforcement and participation in Western New York Task Force. Additionally, the trafficking team was instrumental in establishing similar task forces in three areas of the state. IOLA funds funded the legal work and the community outreach to migrant labor camps. This funding is crucial to providing legal representation to a grossly underserved population. IOLA funds provide a base that allows the project to address a myriad of problems that can only be uncovered through intensive outreach and competent legal advice. Correct referral and representation to migrant workers saved tax dollars in areas of Workers Compensation and other health related issues. Through the project s work with area health care providers and insurance carriers many injured parties accessed their rights to Worker s Compensation coverage and preventive health care, thus decreasing the burden on the Medicaid/Medicare Continued on last page Service Area: Statewide This Provider At a Glance Population Served: Agricultural and Other Low Wage Workers Area Served: Staewide Total Funding: $1,161,500 Total IOLA Grant: $290,000 Staffing - Full Time Equivalents Total Staff: Lawyers: 3.75 Paralegals: 8.25 Other Staff: 3.00 Types of Services Provided Direct Civil Legal Representation Brief Services Extended Services Hotlines and Other Phone-Based Services Technology and Other Innovations Community Legal Education Pro Se Assistance Collaborations With Other Service Providers Major Cases or Other Advocacy Projects Worker Justice Center of New York, Inc. - 1

Outcomes 895 Individuals Benefited from 744 Closed Direct Civil Legal Cases Extended Representation Outcomes 208 People obtained wages and/or back pay due 73 People obtained repairs, improved housing

2 Outcomes 895 Individuals Benefited from 744 Closed Direct Civil Legal Cases Extended Representation Outcomes 208 People obtained wages and/or back pay due 73 People obtained repairs, improved housing conditions, or otherwise enforced rights to decent, habitable housing 61 People resolved on-the-job issues 45 People obtained protection from domestic violence 169 People obtained benefits from other "extended representation" Brief Representation Benefits 144 People benefited from legal advice and counsel 125 People benefited from non-litigation advocacy services 70 People benefited by referral to other sources of help Dollar Benefits Achieved for Clients - Total $539,472 Other Benefits: $539,472 Total includes back awards and total monthly benefits, estimated over 12 months for other benefits. Examples... Outcomes for Clients ron came to the U.S. on an H-2B visa A building pools at a local contracting company. He had been in the U.S. only 2 weeks on his visa (which ended Dec 15), but was preparing to go back to Mexico because he was not being treated well on the job (supervisor was verbally abusive). He contacted WJCNY to find out if it would be possible to return on another H- 2B visa. He didn t seem to think there was a violation in his pay rate ($ per week). However, after speaking with him, certain violations became apparent: The employer was charging them for reimbursement for his visa. Aron worked there last year, too, and it came out to about $1,400. The rent the employer was charging was $300/ month; 7 people living 2 to a room totaling $2,100 for the house. Both of these things were written on the envelopes in which he received checks, but were not reflected on the actual paystubs; he has those envelopes. Aron also needed help getting back to Mexico, in that he didn t know where to go to get a bus, etc. We contacted the employer and are negotiating full reimbursement or will proceed with litigation. We also found assistance for him to return to Mexico. Examples continued on last page Breakdown of Cases by Legal Problem Area People Cases Total Employment Individual Rights Housing Family Other Worker Justice Center of New York, Inc. - 2 Employment 43% Individual Rights 28% Housing 14% Family 6% Other 9%

3 Other Services Hotlines and Other Telephone Based Legal Services WJCNY utilizes an 800 number for all its clients and potential clients and accepts collect international calls per its answering service. Additionally, WJCNY add support to a partner agency s domestic violence hotline by providing an advocate to follow up on intakes. Technology and Other Innovations WJCNY is a participant in the TeleMed project of the Farmworker Rural Health Network. Fingerlakes Migrant Health Center Project (FLMHC) received a grant to install a TeleHealth system in each of its clinics and other places providing services to farm workers. TeleHealth refers to the use of emerging communication and information technologies in clinical and nonclinical medicine in which medical information is transferred through the phone, Internet, or other networks, for the purpose of consulting, and sometimes remote medical procedures or examinations. Through the TeleMed project, WJCNY has a TeleHealth System camera and mobile unit and a secure connection to the Rural Health Network. WJCNY is now able to communicate using video and audio feeds to every other TeleMed system on the network. In addition to the real-time access to clients, health care workers, and the legal staff at WJCNY, the network is equipped with 4 system servers to store health data and pre-recorded presentations. Once a presentation is saved on the network servers, they are available to anyone on the network, provided they are given security access and instruction on their use. We have connected our three office with a VPN that allows staff to have access to files and outreach locations stored in each office and is accessible to outreach worker sin the field. Collaborations With Other Service Providers In 2010 WJCNY joined with the Rural Law Center, The Legal Project, and Legal Services for the Elderly to create the Partnership of Upstate Legal Services (PULSE. Each of the PULSE partners targets upstate New York s most underserved, vulnerable citizens. Through PULSE we are collaborating to share resources and provide each program with a network of staffed field offices. Whether it is sharing staff to do initial intakes, providing video conferencing for long distance client/attorney contact, or conducting outreach for our PULSE partners programs, we feel that PULSE has substantially leveraged each program s capacity to effectively serve more clients. WJCNY is the only non-lsc migrant program in the State. The project takes referrals from the LSC migrant program which is restricted by federal funding regulations. Other Legal Services programs refer farm issues to the project. The Project has also developed a strong coalition with other migrant service providers where farm workers are referred for legal assistance. The project refers workers compensation and personal injury cases to private attorneys and receives assistance from the Monroe County Volunteer Legal Services Project and the Syracuse University Law School Tax Clinic. WJCNY has collaborated extensively with other NGO s and Law enforcement agencies to create task forces in the North Country, the Capitol Region and Central New York that combat human trafficking. Additionally, project staff serves on multiple coalitions designed to combat Domestic and Workplace violence. Finally, WJCNY has joined together with other Service providers to apply for funding on joint projects designed to combat all forms of violence. Number of People Benefited by Legal Services Other Than Direct Legal Representation Total: 14,736 People Community Legal Education: 10,240 People Pro Se Assistance: 4,246 People Legal Hotline Services: 250 People Worker Justice Center of New York, Inc. - 3

A criminal case was brought through collaborative efforts of our Western New York Anti-Trafficking task force.

4 Other Services, continued Major Cases or Other Advocacy Projects Case No. 12-CV JMH This case was brought on behalf of 4 clients that initially represented 30 other plaintiffs similarly situated. It included elements of wage theft and human trafficking. A criminal case was brought through collaborative efforts of our Western New York Anti-Trafficking task force. The criminal investigation resulted in putting a labor contractor out of business who had operated in multiple states with hundreds of workers finding relief. The companion civil case is in settlement and holds the contracting company responsible for overseeing and employing the contractor. Pro Bono Volunteer Involvement WJCNY participates in the Monroe County Access to Justice Committee and works in collaboration with other Legal service providers to appeal throughout the state for pro bono involvement. Each year we utilize 3 law students as legal interns during the summer. Also, during the past year we had a law student do legal research for our cases during the school year. WJCNY contacts New York State University Law School clinics for assistance and direct referrals. WCNY also is a member of the Attorney Emeritus program and continually screens applicable candidates. Finally, WJCNY has a relationship with a local business school that supplies work study students to assist in administrative duties and with Pathstone, Inc to provide work experience training. Pro Bono Statistics During , the following volunteers provided services in our program: Attorneys: 1 Volunteer 96 Hours Law Students: 2 Volunteers 800 Hours Other Volunteers: 2 Volunteers 300 Hours Total Cases Completed by Attorneys: 2 Cases Dollar Value of Attorney Services*: $24,000 *estimated at $250 per hour Sources of Funding Total $1,161,500 IOLA Grant $290,000 State Funding $385,000 Other Federal Programs $260,000 Foundations $100,000 Other $126,500 Worker Justice Center of New York, Inc. - 4 Foundations 9% Other Federal Programs 22% Other 11% IOLA Grant 25% State Funding 33%

5 Outcomes for Clients continued from page 2 S imon lives in Lake Placid, Florida now, but comes up to Sodus, NY every year to pick apples under the contractor Enrique. In 2010 he was forced to work in the rain and the ladder was wet and he slipped and fell, resulting in a wound to the abdomen area from the impact of the fall. He lost consciousness when he fell, but then when he came to, he reported it to Enrique. Enrique refused to help him, so after some time, Simon was able to begin walking to look for help as he had no car and no cell phone. Someone picked him up after he walked a mile and brought him to the clinic, where he informed the doctor that he had been injured on the job, and paperwork was Snapshot of Accomplishments continued from page 1 system and local community hospitals. Our program has utilized wireless technology in the field to provide more thorough intakes and reduce travel expenses. We have also used resources to facilitate visual telecommunications between our three offices and with partner agencies to connect with the target population and reduce travel costs and time. We have been fortunate to be recognized as a leading authority on human labor trafficking which has resulted in continued funding for our Domestic Violence and human Trafficking Programs by the federal government. This has allowed us to increase staff while also increasing completed. He had a lot of paperwork that needed to be filled out but he didn t understand it. In 2011 Simon returned to work for the same contractor. In 2012 he tried to go back to get work on October 5th but Enrique threw Simon off his property. Simon explained that Enrique is an awful crew leader who never brings the workers water, forces them to work in the rain, yells at workers and treats them like animals, and is always firing people for no reason. WJCNY was able to get Worker s Compensation representation and have subsequently represented clients from the farm on employment issues. benefits to employees. We have made a very concerted effort to diversify our funding sources while applying those funds to our legal team and our three main projects. As has been reported in the past, our target population faces many different types of discrimination. Worker fear of retaliation for the assertion of rights remains very high and creates a difficult barrier in gaining trust and consequently pursuing relief. Our current immigration policy compounds that obstacle and we have worked extensively with community groups and conducted targeted outreach to circumvent it. Worker Justice Center of New York, Inc. - 5

The Legal Project, Capital District Women s Bar Association

The Legal Project, Capital District Women s Bar Association Overview of Achievements, 2016-2017 During this reporting period, we have provided services to over 63,000 low and moderate income individuals