12
2011 AnnualImpactReport DC Employment Justice Center We believe that all workers deserve fair treatment in the workplace; we envision a community where all workers know their rights and feel empowered to claim what they deserve under the law; and we know that by protecting the rights of the most vulnerable workers, we raise the standard of treatment for all workers.

EJC Annual Report 2011

Embed Size (px)

DESCRIPTION

The DC Employment Justice Center's Annual Impact Report for 2011

Citation preview

Page 1: EJC Annual Report 2011

2011 Annual∙Impact∙Report

DC Employment Justice Center

We believe that all workers deserve fairtreatment in the workplace; we envisiona community where all workers knowtheir rights and feel empowered to claimwhat they deserve under the law; andwe know that by protecting the rights ofthe most vulnerable workers, we raisethe standard of treatment for all workers.

Page 2: EJC Annual Report 2011

INDUSTRIESConstruction/Carpentry 11%

Restaurant/Food Service 12%

Janitorial/Cleaning 11%

Government 6%

Hotel/Hospitality 3%

Transportation 4%

Education 5%

Retail 6%

GENDERMen 55%

Women 45%

RACE/ETHNICITYBlack 49%

Latino 37%

White 4%

Asian 4%

Native American .3%

Other 5%

EMPLOYERLOCATIONDC 65%

MD 16%

VA 14%

CASE TYPEWage & Hour 24%

Termination 17%

Discrimination 13%

Workers’ Comp 9%

Unemployment 11%

Criminal Records 4%

FMLA 3%

Sexual Harassment 2%

ADA 3%

ANNUAL IMPACT REPORT 2011

Legal Services

In 2011, the EJC conducted over 1,250intakes at our Workers’ Rights Clinic andreturned more than $765,000 in back wag-es and damages to the pockets of low-in-come workers. This amount does notinclude a $6 million verdict for one clientthat has not been collected. In addition,many other low-wage workers received un-quantifiable benefits, such as medical cover-age or job reinstatement. See Who We Helpfor a sampling of some of our clients in 2011.

The centerpiece and gateway of the EJC’s work is ourWorkers’ Rights Clinic. The Clinic is held twice a month onMonday afternoons in the Anacostia community of South-east DC and weekly on Wednesday evenings in the Shawcommunity of Northwest DC. The clinic is open to alllow-income workers in the District of Columbia, suburbanMaryland, and Northern Virginia. At Clinic, workers receivefree legal advice on the full range of employment lawmatters, and, in appropriate cases, the EJC assumesrepresentation or refers workers to pro bono orexperienced employment law attorneys. Since ourinception on Labor Day 2000, the EJC has provided freelegal advice and assistance to more than 10,000 low-income workers with employment law problems at ourWorkers’ Rights Clinic and recovered over $7,000,000 inback pay and damages.

Page 3: EJC Annual Report 2011

WHO WE HELPSHARON MILLER* worked as a therapist and was told that she would be paidon the 15th and the last day of each month. The trouble started when she didn’t

receive her first paycheck until more than two months after she began working. By thetime Sharon stopped working for her employer, she was owed several paychecks. At theWorkers’ Rights Clinic, Sharon received assistance writing a demand letter to her formeremployer, and finally received a check for all the money she was owed. After her successwith the EJC, she decided to volunteer with us. Sharon recently went to an intakevolunteer training and will soon begin volunteering at Clinic.

SAM ALLEN* worked as a bartender, and his employer implemented a facial hairpolicy. After several of his co-workers grew facial hair consistent with the policy,

Sam decided to do the same. Shortly after growing a goatee, allowed under the policy,Sam was told that he needed to shave immediately, though none of the other bartenderswith facial hair were asked to shave. As the only African American bartender, Sam feltthat he was being discriminated against because of race, so he came to the EJC Worker'sRights Clinic for assistance. The EJC referred his case to Joseph Barton and MonyaBunch at Cohen Milstein, who were able to negotiate a favorable settlement for Sam.

MARIA SANDOVAL*, a Spanish-speaker, worked for a dry cleaning business inDC for four years.  Maria came to the EJC Worker's Rights Clinic because several

of her paychecks bounced and she had not been paid for her last week of work.  At theClinic, we learned Maria regularly worked more than fifty hours a week, was paid belowthe minimum wage, and did not receive overtime for her entire period of employment.EJC Staff Attorney Sally Abrahamson took Maria’s case, and Maria received a favorablesettlement.

TONYA PHILLIPS* had worked as a medical assistant for about a year and halfwhen she needed to take some time off work at the direction of her doctor.  She

tried to discuss the situation with her supervisor, but he was unresponsive and she wasterminated while at home on bed rest.  Tonya came to the EJC Workers' Rights Clinicto find out her legal options. The EJC referred her case to Steve Kahn, a long-time EJCsupporter and Advising Attorney, who helped negotiate a favorable resolution for Tonya.

After a year and a half of litigation, the EJC reached a major victory on behalf of13 restaurant workers at EPICUREAN RESTAURANT. In partnership with

Darin Dalmat, Danny Rosenthal, and Ed James of James & Hoffman, the EJC broughta collective action suit against the restaurant under the Fair Labor Standards Act and theD.C. Minimum Wage Act. The settlement reached this year included 100% of theovertime premiums and 100% of the liquidated damages owed to every member of thecollective action.

*Clients’ names have been changed

Page 4: EJC Annual Report 2011

ANNUAL IMPACT REPORT 2011

Recognizing that legal advice andrepresentation can generally only ad-dress the problems of one individual ata time, the EJC also identifies issuesfor systemic reform, including policychange and community organizing.

FIRST SOURCE

The EJC achieved a significant leg-islative victory for DC’s unem-ployed in December when the DCCouncil unanimously passed theWorkforce Intermediary Establish-ment and Reform of First Source and Living Wage Amendment Act of 2011. DC’s old “FirstSource” law, which sets local hiring targets for city contracts, was weak and not wellenforced. EJC helped introduce a bill that addressed these problems by holding citycontractors more accountable for reaching hiring targets. The bill also created a work-force intermediary to connect unemployed DC residents with jobs and create careerpathways. EJC co-authored a report on the problems with the old law, testified at thehearing in support of the legislation, successfully advocated for several modifications tostrengthen the bill, and mobilized WAGE members and volunteers to advocate for thebill’s passage.

WORKERS ADVOCATING FOR GREATER EQUALITY

In 2011, members of EJC’s organizing group Workers Advocating for Greater Equality(WAGE) continued to develop leadership skills and involve themselves in EJC’s advocacycampaigns to Stop Wage Theft, guarantee Paid Sick Leave for All, and Protect InjuredWorkers. One WAGE member authored a blog post on First Source, another wasinterviewed for The New York Times, and others testified in support of legislation tocombat employee misclassification.

WAGE MEMBER: BELINDA SHEPPARD

When Belinda Sheppard, a product merchandiser forgrocery stores throughout DC, was invited to joinWAGE, she was immediately interested. As Belindaputs it, “I am exactly one of the people who are affectedby the workplace conditions that WAGE is trying to improve.” Despite working 40 ormore hours a week at her job, Belinda says she is considered a “part-time” employee andis denied any health benefits or leave. Through her activism in WAGE, Belinda has beeninvolved in various EJC advocacy efforts. Most recently, she attended a coalition teach-inabout the new campaign for Paid Sick Days for All: Healthy Workers, Healthy Business-es, Healthy DC. This campaign has special meaning for Belinda who herself has no paidsick days at her current place of employment. Through participating in campaigns likethis, WAGE offers Belinda the opportunity to advocate for greater workplace justice bothfor herself and for her community: “As a member of the community, I believe in being

active in the community. I am not interested justfor myself, because whatever I desire for myself, Idesire for other people as well.”Advocacy

Page 5: EJC Annual Report 2011

In February 2011, EJC Executive Director Melvina Fordaccepted a Presidential appointment to the Department ofLabor. The Board of Directors asked Katherine Morrison toserve as Interim Executive Director while they conducted anationwide search for a new executive director.

In September 2011, the Board of Directors hired BarbraKavanaugh to be the new Executive Director of the EJC.

Barbra comes to the EJC with decades of experience as a litigator and an advocate for theequal treatment of all. Barbra's previous experience includes serving as an electedmember of the City Council of Buffalo (NY),  where she championed living wagelegislation.   In addition, she served for more than a decade with Neighborhood LegalServices in Buffalo and for several years as New York State Assistant Attorney General incharge of the Buffalo office.

Education

EJC in the News

A New Executive Director

In 2011, the EJC educated a total of 538 workersand community members about their rights andresponsibilities on the job. The EJC also expanded our employment law training sites toinclude N St Village, Covenant House, and Bread for the City. We would like to thankthe attorneys at O’Donoghue & O’Donoghue LLP for continuing to lead, coordinate,and volunteer their time to conduct Know Your Rights education workshops throughoutthe District. In addition, our other attorney volunteers, Adian Miller, Renee Gerni,Edgar Ndjatou, and Reggie Williamson have enabled us to expand our programming.

http://www.washingtonpost.com/wp-dyn/content/article/2011/02/08/AR2011020805439.html

The editorial How to Create More Jobs for D.C. Residents discusses the need forstronger First Source legislation and the EJC’s work on the issue.

http://www.georgetowner.com/articles/2011/may/31/dc-restaurant-worker-wins-6m-abuse-case/

The story DC Restaurant Worker Wins $6M in Abuse Case features an EJC client,her pro bono lawyer Joe Meadows, and their victory in her sexual harassment case.

Page 6: EJC Annual Report 2011

Labor Day BreakfastFour EJC Executive Directors

Liz ShulerKeynote Speaker

Dallys Barrios - EJC ClientLisa Guerra, EJC Advocacy Attorney

Murphy Anderson

Art Rogers, EJC Attorney

The Segal Co.

Orrin BairdEJC Board President

Labor Day Breakfast HonoreesSeptember 15, 2011

Mayflower Renaissance Hotel

Champion of Justice Award & Keynote SpeakerElizabeth H. Shuler

AFL-CIO Secretary-Treasurer

Pro Bono Law Firm of the YearMurphy Anderson, PLLC

Pro Bono Attorney of the YearJoseph Meadows of Arnold & Porter, LLP

Community Partner of the YearDC Jobs Council

Volunteer of the YearCarol Light, Esq. - Advising Attorney

Carey Bylin - Intake Volunteer

Good Business, Good Neighbor of the YearThe Segal Company, Inc.

Labor Partner of the YearUNITE HERE Local 25

Awards for Special ServiceMelvina C. Ford, Esq.Arthur P. Rogers, Esq.

Page 7: EJC Annual Report 2011

Volunteers

WORKERS’ RIGHTS CLINIC ADVISING ATTORNEYS

50-100 hoursRachel BowenCarey BylinAndre HendersonAmanda HesseJoe KatzMartha KatzErin Kesler

25-49 hoursKaitlyn BeyerKerry BollermanMichael CarriganRebecca EisenbreyLouis FrohmanStephen HermKaitlyn LeaderKen LembergMichael PaarlbergRyan PeckynoCris RamonTom RamstackSamara SchwartzErica SmithMichael ThomasJohn TremblaySam WaiteLiz WeissEmily Weissler

15-24 hoursSameera AliStephanie AzarAlyssa BilinskiJeremy BlasiDouglas BoorsteinLaurielle CampbellSean CarpenterLauren CiandellaMiguel ColumnaThomas DealTracy DeJesusGary FischerNubia GarciaDaniel Havivi

Francis HeilAriel HermGrace HeusnKaterina HorskaJacqueline HubbellAnna KarassAmy LaiMatthew LevyBrandi LoftonJuan LopezMegan LovettMaureen MarraErin MedeirosJoel MilanEmily MooreLaura MoskowitzRachel NadasSian O'FaolainMichael PageSarah PodmaniczkyKali SchellenbergEva SeidelmanLindsey SiegalMatthew SiegelNaomi SmootMegan StockhausenKate WitzkeSasha Zheng

10-14 hoursLaura BornsteinAdriana CassoEric GettemyEvan GiamondChristopher GomesOm GulatiAlina HoffmanCaroline JovaJonathen KwokAdam MartinSarah MorganLauren PowellSean QuinnEliza SimonKate Sullivan

1-9 hoursEli AllenBryan BackAyla BaileyRavi BakhruKayley BebberAlli Van BeekEllen BerndtsonMichael BilgerSusanna BirdsongAries BrinsoJaime BrowneMiriam CahanJaime Cardenas-NavisCaitlin CaynessAisha ChingJohn CohenMary CorbinLiliana CousinsJospeh CullenLisa Daley-MangiBethany DavisMichelle DellatorreMeghan DrasteAdam DubinBecca EdenRebecca EisenberryEric ElderJonathan EnglishJustin FeldmanSarah FinkElisa GarciaAshley GasckhAleshadye GetachewAbigail GiarrussAndrea GittlemaJames GoodleyJoan GoodrichAnne Laure GossetThomas Gremillion-Ariel GreenbluGreg HardingStephanie HarrisDanielle HawkesKristin High

Joey HipolitoAshley HodgesKeith HowellShireen HusainStina JanssenNick JohnsonAndrea JonesMargaret KahnIna KamenovaBenjamin KapnikKavita KapurErin KellyJenny KleinLori LeibowitzAnna LeiseStephanie LinJoel MakonnenPhillip MayorRenee McKinneyMatthew MellonDaniel Michelson-HoroqitzMatt MihalichApril MimsRebecca MolkLaurie MonahanJamiylah MugtadirAntoynette MurchisonAshley NelsenCarl NelsonMooya NyaydiDipti NayyarAileen OzayArien ParhamSarah PiazzaCarla PinedaMarja PlaterLinda PorterIsela RamosJose Recio

Diana ReddyNatalie Trigo ReyesNina RobertsonEdmundo SaballosDan SabetAaron SchaerLisa SchoplerAniko SchwarczTodd SchwartzJill SearsDipal ShahRachel ShapiroMackenzie ShermanNatasha SikoraEdward SilvaCatherine SingleyNora SkellyJoshya SladeLauren SmithMara SteinTara StearnsTerry StrattonRyan StromMeghan TigheDorian TyusJames VerdiMatthew VogelKelly WaltersLisa WaltersJessica WangAlicia WeberRex WeilAri WeisbardKate WilcoxDana-Marie WilliamsWhitney WilliamsSheQuandra WoodsMarcus WoodsonBill YoungRachel ZelmanAndrea Zumbrum

75-99 hoursSteve Kahn

Robert KurnickCarol Light

25-74 hoursJoel Kravetz

Danielle LeClairDouglas ParkerAndrew SackettAlexandra Tsiros

15-24 hoursLorrie Bradley

Joni JacobsEdgar Ndjatou

Bill PersinaBrian Powers

Danielle ReichMichelle Woolley

Liza Zamd

1-14 hoursNancy Craig

Darin DalmatEllen EardleyRenee GerniAdam GorodHnin KhaingAndrew Lin

Keira McNettTiffany RelefordNina Schichor

Jane SmithHoward Wolf-Rodda

In 2011, advising attorneys donated the equivalent of almost$400,000 in attorney hours to the EJC’s Workers’ Rights Clinic.

Page 8: EJC Annual Report 2011

FOUNDATIONS &UNDS

AARP FoundationChet Levitt Fund for Employment LawCommunity Foundation - NCRConsumer Health FoundationDC Bar FoundationEqual Justice AmericaEugene & Agnes Meyer FoundationFabrangen Tzedakah CollectiveJovid FoundationMarpat FoundationMorris & Gwendolyn Cafritz FoundationNaomi & Nehemiah Cohen FoundationPeggy Browning FundPublic Welfare FoundationThe Moriah FundWomen's Bar Association FoundationWorld Bank Community Connections Fund

INDIVIDUALS

AnonymousAnn E. AllenElena AlvarezRussell BaileyOrrin BairdKathryn L. BakichAlan BanovRobert Joseph BartonSusan D. Bennett

Keith BolekPhyllis BorziKathryn & Howard BrownStephen BruceChristopher CalamitaJulia & Nicholas ClarkJ. Penny ClarkDavid ColodnyJoseph & Dorothy ContiJudith ContiDavid DalkeLaurie Davis & Joseph SellersDavid A. Dugoff & Victoria BorColin Patrick EyreMelvina FordPeter FordHope GleicherJonathan L. GouldJane GruenebaumStephen HermRachel HinesMelinda Holmes & Desmond HoganCristina HreachmackJoni S. JacobsIra JaffeDr. William JonesAlan KabatBarbara Kim KaganSteven KahnWendy Kahn & Martin BurnsJoseph Kolick, Jr.Martin KohnBarbara KraftRobert & Judy KurnickAnnette Labiano-AbelloPeter & Stacy LeffDinah LeventhalCarol LightLisa LindsleyDerrick LottKathleen MarchesiShirley MasseyKevin McCarron

Frederick MulhauserRaj NayakChristine OwensDouglas & Elizabeth ParkerCarol Waller PopeBarbara SanfordPaula ScottJoseph SemoPaul Flynn & Amy ShannonHeidi ShierholzMary SignorilleDekya SpencerNicole SpencerSarah J StarrettEli StaubBrian StiglmeierChristine StonemanPatrick J. SzymanskiAydin & Beatriz TuncerJeff TurnerChristine Webber & J. Wesley McClain, IIIMary Wheeler

LAW FIRMS

Alden Law Group, PLLCArnold & Porter, LLPClark Law Group, PLLCCohen MilsteinCovington & Burling LLPCrowell & MoringEmployment Law GroupFried, Frank, Harris, Shriver & Jacobson, LLPJames & Hoffman, PCJules Bernstein & Linda LipsettKalijarvi, Chuzi & Newman, PCKatz, Marshall & Banks, LLPLaw Offices Of Gary M Gilbert & Associates, PCLevendis Law Group, PLLCMehri & Skalet, PLLCMurphy Anderson, PLLCO'Donnell, Schwartz & AndersonO'Donoghue & O'DonoghueSherman, Dunn, Cohen, Leifer & Yellig, PCSlevin & Hart, PCSteptoe & Johnson, LLPDonors

ANNUAL IMPACT REPORT 2011

DC Employment Justice Center gratefullyacknowledges the following donors who madegifts of $250 or more between January 1 andDecember 31, 2011.

Page 9: EJC Annual Report 2011

Webster, Fredrickson, Correia & Puth PLLCWhite & CaseWilmer Cutler Pickering, Hale and Dorr LLPWoodley & McGillivaryZwerdling, Paul, Kahn & Wolly, PC

BUSINESSES &. ORGANIZATIONS

American Income Life InsuranceBurness Communications, Inc.Kalmanovitz Initiative For Labor & The Working PoorThe Edgar Lomax CompanyThe Segal Company, Inc.

LABOR

AFL-CIOAFL-CIO Lawyers Coordinating CommitteeAmalgamated Transit UnionAmerican Federation Of TeachersAmerican Postal Workers UnionInternational Union of Painters and Allied TradesMetropolitan Washington Council AFL-CIOService Employees International UnionSEIU Local 32BJUFCW Local 400UNITE HERE Local 25Washington Building & Construction Trades

Council

DC Employment Justice Center is indebted to the following individuals and firmswho have donated their time and expertise to our clients.

PRO BONO & CO-COUNSEL ATTORNEYSAmerican University Washington College of Law Civil Practice Clinic Richard Ugelow Llezlie Coleman Law StudentsArnold and Porter Joe Meadows Jennifer Fernicks-LoiterClaimant Advocacy Project, AFL-CIO Tonya Love Lolita MartinDenise ClarkCohen Milstein Joe Barton Monya Bunch Joshua KolskyCozen O’Conner Jonathan Grossman Bob MagovernCovington & Burling Mateo Caballero Jeffrey Huvelle Steven Robertson

Crowell and Moring Andrew Bagley Brian McLaughlinGary Gilbert & Associates Danny KatzGeorge Washington University Public Justice Advocacy Clinic Nancy Craig Jeff Gutman Annie Smith Law StudentsHogan Lovells

Corey Roush Khang TranJames and Hoffman Darin Dalmat Steve Hoffman Ed James Danny RosenthalSteve KahnKatz, Marshall, and Banks Avi KuminMary Ann KellyHarold Levy

Mehri & SkaletEllen Eardley

Mooney, Green, Saindon, Murphy and Welch Andrew LinMurphy Anderson Lorrie Bradley Mark Hanna Michelle WoolleyPassman & Kaplan Joe KaplanSemo Law Group Joseph SemoDekya SpencerTom SpiggleWhite and Case Dana Foster Yael KrigmanWoodley and McGillivary Greg McGillivary Diana Nobile David RickseckerZwerdling, Paul, Kahn & Wolly Wendy L. Kahn

We apologize if we inadvertently omitted anyone from these lists. If we omitted your name, please contact us at [email protected] sothat we may update our records.

Page 10: EJC Annual Report 2011

Financial Information

Statement of Position 2010 2011Assets $146,722 $303,900Liabilities $21,263 $134,367Net Assets $125,459 $169,533

Statement of ActivitiesRevenue $918,209 $1,026,131Expenses $993,131 $1,005,917Net ($74,922) $20,214

ANNUAL IMPACT REPORT 2011

NOTE: An audit of the 2011 financial records will be completed by May 2012.

Page 11: EJC Annual Report 2011

Board & StaffExecutive Board

Board of Directors

Staff

Melvina Ford, Esq. Executive Director • Katherine Morrison Interim Executive Director •Barbra Kavanaugh, Esq. Executive Director • Laura Brown, Esq. Legal Services Director •

Courtney Chappell, Esq. Deputy Director & Advocacy Director • Ari WeisbardAdvocacy Manager • Arthur Rogers, Esq. Pro Bono Mentor • Lisa Guerra, Esq.

Bilingual Staff Attorney/Wage & Hour Advocacy Attorney • Sally AbrahamsonBilingual Staff Attorney • Janaki Spickard-Keeler Development & Operations Manager •Melissa Stanger (AVODAH) Clinic Coordinator • Rachel Nadas Clinic Manager •David Loda (Lutheran Volunteer Corps) Legal & Policy Associate • Naomi Iser

(AVODAH) Policy Associate • Keira McNett Contract Attorney • Christian KesselringLaw Clerk • Laurie Monahan Law Clerk • Juan Lopez Law Clerk - Peggy Browning Fellow

• Emily Moore Law Clerk • Roen Taylor Law Clerk • Martha Katz Law Clerk •Rachel Zelman Law Clerk • Liliana Cousins Intern • Margaret Kahn Intern

Joseph Kolick, Jr. Dickstein Shapiro, LLP • Jorge Carranza Clear Communications •Brenda Day Treatment Counselor • Sarah Massey Massey Media • Joseph SemoSemo Law Group • Aydin Tuncer Raymond James & Associates • Barbara K. Kagan

Steptoe & Johnson, LLP • Heidi Shierholz, Ph.D. Economic Policy Institute

Orrin BairdPresident

SEIU

Hope GleicherVice President

Consultant

Carol Waller PopeSecretary

Federal Labor Relations Authority

Lisa LindsleyTreasurerAFSCME

Page 12: EJC Annual Report 2011

Workers’ Rights ClinicFree legal advice on employment lawmatters for low-income workers

SOUTHEAST CLINICTwo Mondays per month3:00 pm - 6:00 pm First come, first servedBread for the City - SE1640 Good Hope Rd SE, Washington DC

NORTHWEST CLINICEvery Wednesday6:00 pm - 9:00 pm First come, first servedBread for the City - NW1525 7th St NW, Washington DC

No appointment necessary. No need to call in advance.

DC Employment Justice Center1413 K St NW, 5th floorWashington, DC 20005202-828-9675 (phone)[email protected]

Check out our new website atwww.dcejc.org or find us on:

The EJC has moved! Please note ournew address: