Labor issues have always been personal to me. I grew up attending SEIU meetings with my dad and went to work with my mom, seeing where she worked and how she was treated by employers. My early experiences with labor involved hearing my parents discuss the challenges they faced in receiving fair wages and the lack of respect they felt in their workplaces. The majority of my family continues to work in service industries and underground economies such as trucking, garment factories, and housekeeping. Many, if not all of them, have faced discrimination and wage theft, and they never knew where to obtain legal help for these issues. Mostly, they were afraid of facing repercussions from their employers due to their lack of immigration status. I knew that I wanted to work with people like my family facing similar labor issues.
While in law school, I hoped to expand my knowledge and interest in labor law to add to my immigration law knowledge. I previously worked with undocumented victims of crime who often worried about the issues they faced in the workplace. Often, many of the clients I worked with were still discriminated against and treated unfairly even after obtaining status and work authorization. I attempted to provide them with resources but felt there was more I could do to alleviate their issues. I hoped to combine the knowledge that I obtained and use it to help immigrant communities facing labor issues.
I found my place at Wage Justice Center through the Peggy Browning Fund in the summer of 2023. I felt that it was almost meant to be given that my professor for a class on wage theft, Jay Shin, previously worked at WJC and often discussed his work with low-wage workers in our class. I was excited at the prospect of working with laborers to address wage theft issues. While I had worked with similar communities in the past, working with day laborers was something entirely different. Day laborers have a great sense of immediacy given that they rely on their wages to pay their bills and support their families. At first, it was hard to balance explaining the rights that apply to the workers we serve while discussing the realities of how much time their claims could take.
My first client at WJC really put into perspective the difficulties laborers face when dealing with wage theft. The worker came to us after completing various construction projects across multiple properties for the same employer without being paid. The employer kept stringing the worker along, promising that he would pay if the worker just completed one more job for him. Once the worker demanded payment, the employer threatened him, saying neither the worker nor the law could touch him because he was an established contractor and the worker was just an immigrant. The worker came to WJC in fear and struggling to provide for his family, which took a toll on his physical and mental well-being. He felt that his situation was hopeless given how often he encountered wage theft in the construction industry. I was eager to help but admittedly, it was daunting seeing the impact lost wages had on every aspect of the worker’s life. This was the only thing on his mind and he felt that his life was stagnant until it was resolved. There were so many issues at play, that it was hard to know where to begin. Moreover, the worker felt that his dignity had been stripped through this experience since his work and value had been disregarded.
The worker and I gathered the extensive, yet necessary evidence to prove that he was an employee and that he completed the work assigned to him without receiving any compensation. We filed a mechanic’s lien claim against the employer and spent weeks waiting for the employer’s response and then more time negotiating a settlement for the worker. It was a difficult time for the worker as he was understandably frustrated and felt that this would be another instance of an employer getting away with mistreating workers. I had to make sure the worker stayed motivated by reassuring him that he did the right thing in seeking out legal help and making his voice heard. After months of back and forth, we were able to obtain a settlement for the worker. This settlement was meaningful for him as it helped him pay off his debts and feel vindicated knowing that he was successful in standing up for himself. It was a reminder that through our work, we not only provide legal services but can also help workers obtain the dignity and respect they have been robbed of.
Through my time at WJC, I have found a supportive community in the labor movement and through it, have been able to develop as a legal professional. I feel fortunate that I have been able to continue this work throughout my last year of law school and aim to continue seeking out opportunities to provide support to workers.
Karen Herrera, PBF Summer 2023 and WJC Law Clerk 2024