Oral arguments heard in home care worker wage theft suit against N.Y. state Labor Department
This article was originally published in Spectrum Local News. Read it here.
ALBANY — Close to 100 home care workers protested outside the state Supreme Court on Tuesday before oral arguments were delivered in a lawsuit that alleges the state Labor Department improperly closed investigations into their complaints of wage theft.
Home care workers in the state make an average hourly wage just over $16, but immigrants who work in the industry face even greater challenges beyond low wages.
Immigrant home care workers from New York City said a culture of wage theft must end, as where employees are often required to work consecutive 24-hour shifts and receive pay for only 13 hours with little-to-no overtime. Petitioners behind a class action lawsuit against the Labor Department say they want the money that’s owed to them.
“This is a basic level of Department of Labor duty,” said Jun Chang, an organizer with the Ain’t I A Woman campaign.
The campaign is one of several organizations, including the Chinese Staff & Workers Association, Disability Education & Advocacy Network of Western New York, the National Organization for Women New York State and others requesting the state Attorney General’s office investigate the matter.
Because most immigrant home care workers don’t speak English, it makes them more vulnerable to wage theft — forcing them to live in poverty.
Chang said Labor Department isn’t doing its job to protect immigrant home care workers against wage theft.
“It’s absolutely in their power to pursue these illigal acts that the Chinese American Planning Council does and protect our workers,” he said.
Dozens of home care worker Tuesday marched in front of the courthouse, chanting “No more 24,” and “D-O-L, shame on you!”
Attorneys with the Legal Aid Society and the National Center for Law and Economic Justice and counsel representing the DOL and CPC gave oral arguments Tuesday before acting Supreme Court Judge Gerald Connolly.
The Legal Aid Society and NCLEJ filed a class action lawsuit last year after the Labor Department closed hundreds of unpaid wage complaints by home care workers. They’re fighting for the 200-plus cases to be reopened.
“The agencies don’t want this case to move forward because they’ve been able to evade paying these workers for years and years and years,” said NCLEJ senior attorney Carmela Huang.
DOL attorneys argued the department reached arbitration agreements with employers, and had legal discretion to close separate investigations.
Attorneys also argue that the department does not have the time, nor manpower, to separately litigate each unpaid worker’s claim.
“The determination to close these claims does not affect the rights or procedures or practices available to the public,” an attorney with the state Attorney General’s office said in defense of the Labor Department’s decision.
Through a translator, Zhu Qin Chen, a home care worker who has worked 24-hour work days for 15 years, said it’s taking a toll on her body and the care she can provide to patients.
“We want to stop the 24-hour workday,” she said with the help of a translator. “We don’t want the second generation to have a 24-hour workday. It’s not good for the home care worker and it’s not good for the patient.”
State Attorney General Letitia James’ office did not respond to multiple requests for comment Tuesday. Counsel with the AG’s office declined to comment outside the hearing room.
It’s unclear when the judge will issue a decision. But attorneys representing the home care workers said they were encouraged by the judge’s questions and his warm welcome of home care workers into the courtroom.
“I think he was extremely respectful of the workers here, which is more than I can say for the Department of Labor,” said Richard Blum, attorney with The Legal Aid Society’s Employment Law Unit.
The state Department of Labor does not comment on pending litigation.
