NCLEJ Files Amicus Brief on Behalf of 13 Advocacy Groups

On July 23rd, NCLEJ filed an amicus curiae brief in the New York State Court of Appeals on behalf of 13 economic and social justice organizations. The issue on appeal in Carver v. New York is whether New York State’s requirement that a former public assistance recipient who worked in exchange for his cash assistance and food stamps must reimburse the state out of lottery winnings he received after he left public assistance. We say New York State’s attempt to recover this money violates the minimum wage provisions of the Fair Labor Standards Act (FLSA) and that Mr. Carver was an employee under the FLSA’s broad and liberal definition. The brief complements NCLEJ’s work in United States v. City of New York, where the Second Circuit, in a first-of-its-kind decision, found that people who work for their public assistance grant are entitled to protection against workplace discrimination and harassment under Title VII of the Civil Rights Act. Mr. Carver is represented by the Empire Justice Center. The brief was drafted by pro bono volunteer Kelley Nevling and NCLEJ’s Dodyk Fellow, Leah Lotto. Read the brief here.