here - Worker Justice Center

W ORKER J USTIC E
Center of New York
Justice Within Reach
WJCNY Interns March in Support of Fired Food Processing Workers in Sullivan County. –June 2015
2014-2015 Report
L e t t e r f ro m t h e Ex e c u t iv e D i re c t o r
Greetings:
The past two years have been a time of incredible growth for the organization and are marked by major accomplishments by our staff. In January, 2015, board and staff members met for an intensive three-day
Strategic Planning Retreat. The retreat was the culmination of months of work by all involved to prepare and
plan for the future. The goal of the retreat was to chart short and long-term plans that we would immediately begin to implement. I’m happy to report that many of those initiatives have been put into place.
Over the last year and a half our efforts to pursue justice for agricultural and other low-wage workers
resulted in over $1 million in recovery of unpaid wages. Our advocates provided legal education and representation to over 7,200 workers. These numbers alone are impressive enough, however the results of our
efforts are what are most meaningful.
Our Human Trafficking Program continues to be one of the few, if not the only, program nationally that focuses on labor trafficking within the agricultural community. We have pursued relief for numerous
victims but one case in particular shows the breadth of our involvement and the magnitude of representation
our Trafficking Specialists and Legal Team provide. This case involved a young woman who was used and
abused by her trafficker. As a direct result the regional Anti-Trafficking Task Forces we have developed, our
team was able to provide support services and immigration relief. Additionally, the client’s child was being
held by the trafficker in Mexico. Cross border assistance and networking resulted in freeing the child and
placing the child with his grandmother. We are continuing to pursue re-unification of the victim with her
child.
I am proud to say that as a result of the work of our Domestic and Sexual Violence Program
we have received a major grant to expand that work starting in 2016. A three-year grant from the United
States Department of Justice will allow us to serve farmworker victims throughout the state in partnership
with two regional victim services providers. Even prior to this support, our Domestic Violence & Sexual Assault Advocate was instrumental in providing support to three victims of sex trafficking this year who were
brave enough act as witnesses against their perpetrator. The trafficker was convicted and received a lengthy
prison sentence.
Finally, our newly constituted Workplace Justice Program brings together various aspects of our
work under one roof, including our agricultural outreach project, community legal education project, workplace health and safety project, community ID initiative, and our pursuit of non-litigation legal remedies– including assisting workers in filing complaints with the Department of Labor, the Division of Human Rights,
the Occupational Safety and Health Administration and other agencies. We are also incorporating workplace
organizing and media strategies to achieve justice. Our community ID initiative in Kingston has issued over
600 ID’s and has served as a model that is starting to be replicated by other communities in the area. In Sullivan County, due primarily to our staff’s advocacy, coordination and legal intervention, over 200 workers who
were unceremoniously fired received wages and benefits initially refused by the Company. We continue to
meet with the workers and follow their lead in pushing for a safe and non-hostile work place. Our focus on
workplace safety is helping build leadership amongst workers on our state’s most isolated dairy farms and
shedding light on the lack of comprehensive protections for dairy workers and the precarious conditions that
they face. We were also recently successful in getting more rigorous pesticide regulations passed which will
benefit farmworkers throughout the state.
I want to thank all of our friends and supporters for your contributions over the past two years. We
would not be able to do this work without your support and the incredible dedication of our staff and board
members.
Sincerely,
WJCNY IN 2014-2015...
NOTABLE NUMBERS*

Recovered over $1 million in wages due

Established direct contact with 8,077 workers

Distributed 15,470 brochures

Conducted visits at over 973 farms

Counseled and advised over 1,850 people

Negotiated over 152 settlements
*Note: Due to the confidential nature of many of our settlements, most of our legal cases are not discussed in detail in this report.
2014-2015 Highlights
< APRIL-MAY 2014: WJCNY and the Workers’
Center of Central New York organize a state-wide educational tour with worker leaders from the May 1st Agricultural Workers Committee. They informed over 300
students, union members, people of faith and others
about conditions in NY’s dairy industry and participated
in 28 events in 13 cities including Syracuse, Albany,
Ithaca, Binghamton, Rochester, Buffalo and NYC.
The Hudson Valley wing of WJCNY
moves to a permanent home at 9 Main St. in Kingston!
MAY 2014: Farmworker poets read at the PEN World
^
^
MAY 2014:
Voices Festival in NYC through a collaboration between WJCNY and poet Mark Nowak.
MAY 2014 – WJCNY negotiates the reinstatement of a female worker after her
employer, Concept Packaging, terminated
her upon learning of her pregnancy.
^ JUNE 2014: A sudden increase in child migration from Central America made national headlines as unaccompanied minors quickly overwhelmed federal immigration officials along the US-Mexico border. With most
service providers focused on high-density population centers, WJCNY plays a critical role in assisting unaccompanied immigrant children and their sponsors in more isolated regions of the state.
JULY 2014: OSHA begins unannounced inspections on
^
NY dairy farms following a successful campaign by dairy
worker leaders and advocates who exposed dangerous
working conditions and pressured OSHA to institute a Local Emphasis Program.
^ AUGUST 2014: After learning about
his rights, Jose Arturo Vasquez recognized that his pay was not adding up.
Arturo often worked sixty-three hours per
week, but it appeared that he was not receiving overtime pay. We filed a federal
lawsuit on Arturo’s behalf for the alleged
unpaid overtime. The matter was settled
quickly and Arturo received $35,000 in
settlement of his claims. Arturo now
works to educate his fellow workers about
their rights so that they do not become
victims of wage theft.
panies WJCNY on outreach and reports on farmworker labor exclusions and advocacy work
around the Farmworker Fair Labor Practices Act.
^
^
AUGUST 2014: The New York Times accom-
SEPTEMBER 2014: WJCNY begins bi-monthly language
exchange nights in the Kingston office in response to the
need for greater community integration and opportunities for
Spanish and English learners to practice.
< SEPTEMBER 2014: People Organizing for Worker Empowerment and Respect (P.O.W.E.R.), a Rochester-based Worker
Center supported by WJCNY, hires a part-time organizer.
SEPTEMBER 2014: WJCNY Human Trafficking
Program awarded over $300,000 in federal grants to provide comprehensive case management and legal services
to survivors of human trafficking, as well as technical
assistance to law enforcement and service providers.
^ OCTOBER 2014: WJCNY makes an
outreach trip to the large orchards of the
North Country. Often hiring 100-300 Jamaican H2A guestworkers each, these apple
farms are some of the largest in the state.
Staff continue to learn about the working
^
conditions there and share information on
workplace health and safety and workers
rights.
NOVEMBER 2014:
WJCNY successfully negotiates the recovery of unpaid
wages on behalf of one worker
in the hospitality industry.
^ > NOVEMBER 2014: WJCNY honors Dia de los Muertos
(Day of the Dead). In Western NY, community members gathered to expose the collaboration of State Police with Border Patrol. In the Hudson Valley a group of Guatemalan farmworkers
share their kite-building tradition with the community.
^
DECEMBER 2014: Mujeres Divinas and Mujeres
Creando Futuro, two WJCNY-supported groups for farmworker women in Western NY, attend the Rural Womens
Conference in Binghamton.
^
JANUARY 2015: Board and Staff Strategic Planning
Retreat.
JANUARY 2015: WJCNY settles a federal wage and hour
lawsuit on behalf of six workers in the landscaping industry.
JANUARY 2015: WJCNY successfully negotiates the recovery of unpaid wages on behalf of a worker at LaBelle Farm.
MARCH 2015: WJCNY obtains immigration authorization for a young survivor of human trafficking from
Central America. Through the T-visa process, WJCNY was also able to assist the client in petitioning to allow
four of his five siblings and his mother to join him here in the United States.
^
MARCH 2015: WJCNY begins collecting the
testimonies of immigrants and advocates living near
the Canadian border about how immigration enforcement affects their lives. Border Patrol has jurisdiction
within 100 miles of any U.S. land or coastal border
and often sets up check-points, boards trains and
buses, and responds to emergency calls in New York
State. The Canadian border region is also home to the
largest farms and dairies in the state, notorious for
their health and safety and labor law violations.
ficking Program joins the leadership of
Freedom Network USA, a national coalition of advocates that works to ensure
that trafficked persons have access to
justice, safety, and opportunity.
^
APRIL 2015: WJCNY’s Human Traf-
MAY 2015: Popular national radio
show This American Life joins WJCNY
on dairy outreach and completes a segment on working and living conditions
on NY’s dairy farms.
APRIL 2015: WJCNY settles a federal national discrimination lawsuit on behalf
of a worker in the construction industry.
APRIL 2015: WJCNY settles a federal wage and hour lawsuit on behalf of two
workers in the hospitality industry.
^
MAY 2015: Over 40 workers and allies rally at Marks
^
Farms in Lowville, NY to demand an end to workplace violence and draw attention to the case of Francisco, a former
employee who alleges he was beaten by his supervisor.
Pressure on the farm continues to mount with each
termination of employees who advocate
for their rights and dignity on the job.
MAY 2015: WJCNY supports the organiz-
ing efforts of approximately 200 terminated
food processing workers in Sullivan County.
They allege wage theft, health and safety violations, sexual harassment and discrimination. As
a result of these efforts, former employees have
received broad community support and over
$100,000 in earned compensation following the
Department of Labor investigation.
JUNE 2015: WJCNY, in partnership with the Office for Children and Family Services begins trainings with
law enforcement and social service professionals in “Safe Harbor” counties around the state on child trafficking identification and response.
JUNE 2015: WJCNY settles a federal wage and hour lawsuit on behalf of thirteen workers in the hospitality
industry.
^
JUNE 2015: Together with our partners in the Upstate Worker Center Alliance, WJCNY played a leading role in organizing the first fully bilingual Upstate Worker Congress which brought together low-wage workers from across the state with the aim of strengthening worker leadership.
^
JULY 2015: WJCNY’s Human Trafficking Program joins governmental and advocacy organizations in Washington D.C. for the release of the 2015 Trafficking in Persons Report by U.S. State Department Secretary John Kerry. The TIP Report rates 188 countries on
their efforts to combat human trafficking.
^
JULY 2015: WJCNY sues Broadway Lights
Diner & Cafe in Kingston, NY, alleging failure to
pay overtime wages and other violations. Plaintiff
Miguel Perez Mendez alleges that during his time
of employment he was not paid overtime although
he worked seventy-five hours per week as a dishwasher, sous chef and cleaner.
> JULY 2015: WJCNY becomes a member of the Food Chain Workers Alliance, a “national coalition of worker-based organizations whose members plant,
harvest, process, pack, transport, prepare, serve and sell food, organizing to im-
^
prove wages and working conditions for workers all along the food chain.”
AUGUST 2015: WJCNY’s Executive Director is appointed to Governor Cuomo’s Advisory Committee to the
Worker Exploitation Task Force. During subsequent “factfinding” sessions WJCNY staff have supported low-wage
workers in preparing testimonies about their experiences at
the workplace.
AUGUST 2015: Milton Rodriguez was working dutifully for his employer when he was unexpectedly called into a disciplinary meeting and terminated. Mr. Rodriguez was intimidated by the
process of applying for unemployment when his initial application for benefits was denied because
his employer accused him of things like insubordination, dishonesty, and violations of work rules.
WJCNY provided legal support to Mr. Rodriguez in his appeal of the denial and helped him obtain
^
his unemployment benefits.
SEPTEMBER 2015: WJCNY completes the third
year of its Community Identification Initiative. Started
as a pilot project in the City of Kingston, the ID initiative has since expanded to serve residents throughout
the northern Ulster County and has been officially endorsed by the Saugerties Police Department.
^
SEPTEMBER 2015: WJCNY celebrates improvements in
the Worker Protections Standard, the law that governs pesticide
use, after months of advocacy work and sharing farmworker
testimonies with Congressional representatives in Washington
D.C.
^
SEPTEMBER 2015: Kids display their masks at a
Harvest Festival organized by WJCNY and the Finger Lakes Coalition of Farmworker-serving Agencies.
Over 250 farmworkers of various nationalities came to
SEPTEMBER 2015: WJCNY attends the Alianza
celebrate, eat, learn, listen to music and play soccer in
Nacional de Campesinas (National Alliance of Farm-
Sodus, NY.
worker Women) retreat at Cesar Chavez’ center in
^
Keene, California. As a member organization, WJCNY
will continue to promote the leadership of farmworker
woman and advocate for their human rights.
^
OCTOBER 2015: The WJCNY team gathers for
^
an in-person retreat. In addition to celebrating our
victories we discussed our priorities and strategies
moving forward. Major changes included the incorporation of legal staff directly into each of the three
program areas and the hiring of a Program Director.
NOVEMBER 2015: WJCNY, its partner organiza-
tions and members of the local community honor the one
year anniversary of the workplace death of Marco Antonio
Ortiz Perez, a dairy worker from Guatemala. The event
also honored other dairy workers who have died on the
job, largely on farms that are exempt from OSHA inspections due to having fewer than eleven employees.
NOVEMBER 2015: WJCNY’s Domestic and Sexual
Violence Program receives a three-year grant from the Department of Justice to provide legal assistance to female
survivors of domestic violence who work in agriculture
and related industries.
S U P P O RT E R S F I S C A L Y EA R 2 0 1 4 - 2 01 5
We are grateful to our supporters for their commitment to workers’ rights!

Dyson Foundation

New York Bar Foundation

New York State Interest on Lawyer Account Fund (“IOLA”)

United Way of Ulster County

New York State Office of Court Administration

New York Immigration Coalition

Catholic Campaign for Human Development

U.S. Department of Labor - Occupational Health and Safety Administration

New York State Department of Labor

New York State Division of Criminal Justice Services

Vera Institute of Justice

Geneseo Migrant Center

United States Department of Labor

United States Committee for Refugees and Immigrants

Finger Lakes Community Health Clinic

United States Department of Justice – Office for Victims of Crime

International Institute of Buffalo

Hudson-Catskill Workforce Development

International Organization for Adolescents

John F. Wegmans Foundation

Local Economies Project
In addition, we are especially thankful for the contributions of our individual and union donors.
W O R K E R J U S T I C E C EN T E R O F N E W Y O R K
BOARD MEMBERS
Mike Lingle, Esq.
Martha Swan
Myrna Capaldi
Hope Olsson, Esq.
Alissa M. Valentine, Esq.
Steven E. Cole, Esq., Chair
Miguel Ortiz, Esq.
Jerry Wein, Esq.
Mark Drexler, Esq.
Sandra Oxford, Secretary
Maryellen Whittington-Couse
Artemio Guerra, Esq.
Susan Patnode, Esq.
Frieda Koenig, Treasurer
Rachel Roberts, Vice-Chair
Susan Zucker
STAFF
Emma Kreyche
Worker Rights Advocate
Renan Salgado
John Marsella, Esq.
Luis Torres
Staff Attorney
P.O.W.E.R. Organizer
Andrea Callan, Esq.
Gonzalo Martínez de Vedia
Leanne Tory-Murphy
Program Director
Human Trafficking Specialist
Worker Rights Advocate
Carly Fox
Worker Rights Advocate
Jeremy McLean, Esq.
Staff Attorney
Kenneth Wolkin
Thomas Feeney, Esq.
Litigation Director
Julieth Nuñez
Paola Betchart
Worker Rights Advocate
Margaret Billyard
Information Analyst
Cheryl Gee
Domestic & Sexual Violence
Specialist
David Irving, Esq.
Staff Attorney
Legal Assistant
Lewis O. Papenfuse
Executive Director
Diana Saguilán
Kingston Operations Manager
Human Trafficking Specialist
Worker Rights Advocate
Josanna Berkow, Esq.
Emeritus Attorney
Douglas Kramer, Esq.
Emeritus Attorney
Yolanda Villa, Esq.
Emeritus Attorney
D E D I C AT I O N
Dedicated in memory of the workers who have lost their lives on the job.
“Mourn the dead, fight like hell for the living.”
—Mother Jones