Worker Justice Center of New York, Inc. - 1

Worker Justice Center of New York, Inc.

Overview of Achievements, 2016-2017 Our primary target population is agricultural and other low

wage workers. During the period of this report, WJCNY’s outreach team conducted 304 visits to migrant labor camps/private homes reaching 4505 agricultural and other low wage workers to provide general employment rights education. 38 legal education presentations were conducted to 1125 community members on general employment rights, domestic violence prevention and identification and anti human trafficking work. In addition, the project presented 313 workplace safety trainings to 3794 workers that included OSHA, EPA & Workers' Compensation rights and safety information. The Project was able to secure $94,500 for workers in terms of back wages, overtime pay, unemployment benefits, workers’ compensation benefits, minimum wage violations and violations of the Agricultural Worker Protection Act. Finally, 12,763 people received brochures, downloads from and/or visited our website and 221 people were referred to appropriate agencies/services that were not included in our case statistics.

Outreach: WJCNY’s outreach efforts target low-wage worker communities throughout Upstate New York, with an emphasis on immigrant farm workers, foreign guest workers, and workers in other low-wage industries—such as restaurant, hospitality, landscaping, and construction—where immigrants are especially vulnerable to abuse and exploitation in the workplace. Outreach to agricultural workers requires extensive travel to remote areas of the state, to farm labor camps and worker housing sites in rural communities in the Hudson Valley, the North Country, and Central and Western New York. The significant recent growth in New York State’s dairy industry has prompted WJCNY to focus attention on reaching out to dairy farm workers, who generally work long hours and live in employer-provided housing. In addition to general outreach, WJCNY has continued a Community ID Initiative in Ulster County and extended it to other areas of the state. This initiative provides low-wage workers and other marginalized groups with access to a WJCNY-issued photo ID card that includes basic personal identifying information and emergency contact information. The Community ID Initiative has proven highly effective as an outreach tool in Ulster County, where WJCNY has issued over 271cards since the 2016 fall election.

Worker Rights Education: WJCNY staff conducts “Know Your Rights” workshops in English and Spanish that provide low-wage workers with a general understanding of their rights under state and federal labor law and the available mechanisms for asserting those rights. Workshop topics include: workplace health and safety, pesticide safety, OSHA rights, accessing Worker’s Compensation benefits, wage theft, discrimination, sexual harassment, human trafficking, employer retaliation, and protections for immigrant workers. Our staff has also developed industry-specific training curricula for agricultural workers, day laborers, and restaurant workers. We conduct these workshops at farm labor camps, in church basements, community centers,

Types of Services ProvidedDirect Civil Legal Representation

Brief Services l

Extended Services l

Hotlines and Other Phone-Based Services l

Technology and Other Innovations l

Community Legal Education l

Pro Se Assistance l

Collaborations With Other Service Providers l

Major Cases or Other Advocacy Projects

Service Area:Statewide

This Provider At a Glance

Population Served: Agricultural and Other Low Wage

Workers

Area Served: StatewideTotal Funding: $1,843,939Total IOLA Grant: $305,000Staffing - Full Time Equivalents

Total Staff: 20.00 Lawyers: 6.00 Paralegals: 11.00 Other Staff: 3.00

Worker Justice Center of New York, Inc. - 2

Employment38%

Miscellaneous15%

Immigration9%

Family9%

Other29%

Outcomes… 2,737 Individuals Benefited from 1,685 Closed Direct Civil Legal Cases

M was referred to WJCNY by an outreach worker from the Fulton Migrant Health Center in Onondaga County. She was living in employer housing at a dairy in Jefferson County, where she endured several incidents of

domestic violence perpetrated by her partner, and others who also worked at the dairy. M went to the Jefferson County Sheriff’s Department and reported the domestic violence incident. WJCNY staff contacted the Jefferson County DA’s office, and requested their assistance with completing and signing the I-918 Supplement B form, demonstrating that she “has been helpful, is being helpful, or is likely to be helpful” in the investigation of the crime. The Jefferson County DA’s office was not familiar with this process, and WJCNY’s attorney provided the necessary education and guidance to the DA’s office that resulted in them completing and signing the form. Additionally, the report M made to the Jefferson County Sheriff’s Dept. was not sufficient for a prosecution, as M, due to her fear of future abuse, refused to make a statement on the report. The WJCNY attorney, after speaking at length with M, arranged for the Jefferson County Sheriff’s Dept. to meet with her again in order to make a second police report. This was necessary for the subsequent prosecution and ultimately the U visa certification. WJCNY continues with Immigration representation for M and other areas of advocacy that continued on an on-going basis with the Victims Assistance Center of Jefferson County. Due to M’s particular situation, like most farm worker women who are undocumented and victims of DV, she did not have a safe place to go, other than the Safe Shelter through the Victims Assistance Center of Jefferson County.

The Victims Assistance Center was not aware that they could receive reimbursement for Maria’s stay in the shelter even though she was undocumented. Our Domestic Violence Program partner, VRC, advocated and educated them on “Chapter 584 of the Laws of 2008 amends SSL § 398-e to allow her to receive services. M then moved to Texas, and WJCNY found a potential immigration attorney to take her U visa case there, but after 4 months, M moved back to Jefferson County. WJCNY is currently pursuing Immigration relief for M.

Examples...

Outcomes for Clients

Breakdown of Cases by Legal Problem Area

Extended Representation Outcomes

•

Brief Representation Benefits

•

•

•

987 People benefited from extended representation

271 People benefited by referral to other sources of help

1,066 People benefited from legal advice and counsel

413 People benefited from non-litigation advocacy services

People Cases

Total 2,737 1,685

Employment 987 640

Miscellaneous 441 259

Immigration 336 142

Family 320 149

Other 653 495

*Total includes back awards and total monthly benefits, estimated over 6 months (unemployment compensation), 12 months

(equitable distribution of assets, affirmative judgments and other benefits), 36 months (other federal benefits), 108 months

(child support), 120 months (Social Security, SSI and spousal support).

Dollar Benefits Achievedfor Clients* - Total $94,500

• Other Federal Benefits: $4,800

• Family Law - Maintenance/Spousal Support: $6,000

• Affirmative Judgments: $83,000

• Other Benefits: $700

Worker Justice Center of New York, Inc. - 3

Employment38%

Miscellaneous15%

Immigration9%

Family9%

Other29%

Other Services Hotlines and Other Telephone Based Legal Services

WJCNY utilizes an 800# for all its clients and potential clients and accepts collect international calls per its answering service. Additionally, WJCNY adds support to a partner agency’s domestic violence hotline by providing an advocate to follow up on intakes. We don’t record whether a call came in on the 800# or not.

Technology and Other Innovations

We have connected our offices with a VPN that allows staff to have access to files and outreach locations stored in each office and are accessible to outreach workers in the field. Additionally, our staff is equipped with I-Pads to record data, connect with other staff for assistance and/or referrals. We have upgraded our internet and phone systems to better connect with each office and with community members.

Legal Services Other Than Direct Legal Representation

Our organization provides extensive legal education, pro se assistance and facilitates referrals for a wide range of issues. Staff often not only facilitate referrals they then continue to assist in advocacy and support services.

Collaborations With Other Service Providers

WJCNY is a member with the Rural Law Center, The Legal Project, and Legal Services for the Elderly in 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 facilitate 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.

We are listed in Law Help and have utilized their services.

Total: 18,618 People

18,618 People

Number of People Benefited by Legal

Services Other Than Direct Legal

Representation…

Community Legal Education

and Pro Se Assistance:

Worker Justice Center of New York, Inc. - 4

IOLA Grant17%

State Funding41%

Other Federal Programs

30%

Foundations7%

Other5%

Other Services, continued

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. Our Workplace Justice Program had 4 bi-lingual student interns during the summer of 2015. Also, during the past year we had a 1 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 currently utilizes 4 Attorneys. WJCNY also screens and enlists newly graduated law school students to complete the 50 hour public service requirement. WJCNY has provided support, training and mentorship to students in the Cornell Law School Farmworker Law Clinic. Finally, we have implemented a paid intern summer pilot program in 2016 in the Hudson Valley Office and are continuing a similar fellowship for an intern in our Rochester Office that will begin in June, 2017.

Sources of Funding

Total $1,843,939

IOLA Grant $305,000

State Funding $758,257

Other Federal Programs $548,000

Foundations $135,000

Other $97,682

• Attorneys: 3 Volunteers 550 Hours

• Law Students: 2 Volunteers 700 Hours

• Other Volunteers: 5 Volunteers 450 Hours

• Total Cases Completed by Attorneys: 24 Cases

• Dollar Value of Attorney Services*: $137,500

*estimated at $250 per hour

During 2016-2017, the following volunteers provided

services in our program:

Pro Bono Statistics