Newark Passes Wage Theft Law

Press Release by Rob Duffey, NJ Working Families New Jersey - Working Families - Working FamiliesNJAFIJ_Logo_sds

Today (Wednesday, July 1) the Newark City Council passed a law that will allow it to protect workers from having their wages stolen by employers. It is the 4th city in New Jersey to do so, with Jersey City soon to follow. The wage theft ordinance allows Newark to suspend or revoke business licenses of employers found to be in violation of state laws governing proper compensation for employees.

“No employee should be robbed of the wages they were promised or earned through their own hard work,” said Councilman Eddie Osborne, a sponsor of Newark’s wage theft ordinance. “This ordinance will giving meaningful economic security to thousands of families and we hope it is a model our sister cities around the state will follow.”

In cities without wage theft laws, workers denied wages they have earned must attempt a lengthy administrative process at the NJ State Department of Labor and Workforce Development Wage and Hour Division, which having rendered a judgment, cannot impose penalties beyond the amount the unpaid worker is owed. Proponents of local wage theft laws say that the current system allows employers to repeatedly violate state wage laws and consider any state penalties “a cost of doing business.”

“Businesses that practice wage theft don’t just harm their own workers, they undercut business owners that play by the rules and treat their employees with respect,” said Councilman Anibal Ramos, a cosponsor of the ordinance. “Because the state’s current powers to penalize bad actors are limited, there’s a real need for local governments to step in and protect the basic rights of their constituents.”

Under the ordinance, an employer has committed wage theft when they are found liable in a judicial or administrative hearing of violating state laws that regulate the payment of wages or the collection of debt owed to unpaid wages.

“We thank the Newark City Council for taking a stand against unscrupulous employers on behalf of the people who live and work in their city,” said Louis Kimmel, executive director of New Labor, a leader in the fight against wage theft state wide. “This law will give the city the tools it needs to go after employers that exploit low-wage and immigrant workers, and we look forward to working with the city to make sure that everyone who works in Newark gets to keep the wages they have been promised.”

A 2008 survey of large cities found that 64% of low-wage workers have experienced some form of wage-theft in the prior week, with 26% paid under the minimum wage and 76% denied overtime. On average victims of wage theft lose 15% of their earnings a year. In 2011, the Seton Hall Law School for Social Justice surveyed Day Laborers across New Jersey and found that many of them don’t know their rights and are reluctant to use legal recourse to enforce them.

“It’s not enough to have a strong minimum wage. We need laws on the books that deter shady employers from violating those laws and taking advantage of their own workers,” said Analilia Mejia, executive director of New Jersey Working Families. “Today is another strong example of how local governments can pass innovative laws that protect and lift up working families. We hope that other local and state lawmakers are watching closely.”

New Brunswick was the first municipality in New Jersey to pass a wage theft law, followed by Princeton and Highland Park. A similar measure passed its first reading in Jersey City in June, and is expected to come to a final vote in July. Partners advancing local wage theft ordinances include New Jersey Working Families, New Labor, Unity Square and the New Jersey Immigrant Justice Alliance.

The Community of Friends in Action, Inc., and its Wage Theft Committee, congratulate the City of Newark for taking this strong action.

CoFiA Looking for Part-time Community Organizer

cofia-circle-lg[1]POSITION AVAILABLE. The Community of Friends in Action (CoFiA)is looking for a part-time bilingual (Spanish/English) community organizer to work with the immigrant community in Eastern Bergen county. Approximately eight hours a week, flexible. For more information call Carolyn Sobering, President, at 201-461-6731. For a complete description of the position, go to the Job Description page on this site.

TRABAJO DISPONIBLE. La comunidad de amigos en acción necesita un organizador para la comunidad, tiempo parcial, bilingüe (español/ingles) para trabajar con la comunidad en el condado Eastern Bergen. Aproximadamente ocho horas por semana, flexible. Para mas información, llame a Carolyn Sobering, 201-543-1652. Para una descripción completa, visite la pagina “Job Description” en este sitio.

Connecticut’s new wage theft law

On Wednesday, June 24, Connecticut Governor Dan Malloy signed into law Senate Bill 914, a measure that will allow victims of wage theft to collect double the amount due them. “This is going to mean the transfer of millions of dollars each year from cheating employers to low-wage workers,”said James Bhandary-Alexander, a lawyer for New Haven Legal Assistance who represents victims of wage theft.

Even though the law is intended to alleviate a number of gaping holes in Connecticut state law that allow bosses to get away with stealing workers’wages, it is only a modest step in providing workers with fair compensation. CoFiA’s wage theft committee receives a constant stream of complaints from workers who have been cheated of their pay. Like Connecticut, New Jersey has been unwilling to pass and enforce laws with real teeth to deter unscrupulous employers from promising wages that they never pay. Many employers consider the rare case in which they are forced to make restitution just a small cost of doing business.

Bhandary-Alexander says, “This isn’t just a legal problem. It’s a political problem and a cultural problem too.” What is needed most is strong support from the public for laws that effectively prevent the theft in the first place.

Adapated from “Connecticut Just Passed a Law Requiring Bosses Who Steal Workers’ Wages to Pay Them Back Double,” by Ava Tomasula y Garcia, In These Times, June 25, 2015.

Part-time position available

cofia-circle-lg[1]

POSITION AVAILABLE.The Community of Friends in Action (CoFiA) is looking for a part-time bilingual (Spanish/English) community organizer to work with the immigrant community in Eastern Bergen County. Approximately eight hours a week, flexible. For more information call Carolyn Sobering at 201-543-1652. For more information about CoFiA and a complete job description, go to www.communityoffriendsinaction.org and click on Job Description.

TRABAJO DISPONIBLE. La comunidad de amigos en acción necesita un organizador para la comunidad, tiempo parcial, bilingüe (español/ingles) para trabajar con la comunidad en el condado Eastern Bergen. Aproximadamente ocho horas por semana, flexible. Para mas información, llame a Carolyn Sobering, 201-543-1652. Para mas información de CoFiA y una descripción completa, visite www.communityoffriendsinaction.org. descripcion de trabajo.

Satisfaction with a job well done!
CoFiA offers assistance to workers in finding work.
Graduates of the recent OSHA training celebrated
Graduates of the recent OSHA training celebrated

Newark passes resolution on driver’s licenses

NJAFIJ_Logo_sdsNewark, Largest Municipality in New Jersey, Approves Resolution Supporting State Driver’s Licenses for Immigrants

Newark passed the resolution with a unanimous vote. Newark is the 9th municipality to pass a resolution urging the state legislature and governor to issue licenses to undocumented immigrants

For Immediate Release
June 18, 2015

Contact: Vera Parra, Organizer, Faith in New Jersey, 917-519-7656, (English and Spanish)
Renata Mauriz, Organizer, Wind of the Spirit, 201-841-3765, (English and Portuguese)

Newark – The largest municipality in New Jersey has approved a resolution urging the state government to enact legislation allowing the Motor Vehicle Commission to issue driver’s licenses to individuals who cannot provide proof of lawful presence in the United States. The Newark Municipal Council voted yesterday by a unanimous vote, making Newark the ninth city to pass this type of resolution, following Camden, Elizabeth, New Brunswick, Perth Amboy, Plainfield, Dover, Bridgeton, and Jersey City.
In New Jersey, advocates, immigrant rights groups, and faith communities from various cities are working to build support for pending legislation (A. 4425, S. 2925) that would allow undocumented immigrants to have access to driver’s licenses. “Allowing undocumented immigrants to have a NJ Driver’s License will make the driving in New Jersey safer and give our immigrant brothers and sisters an important tool for work,” says Rev. Moacir Weirich, pastor at St. Stephen’s Grace Community Church and Faith in New Jersey member. “It will also dignify the life of many people who already suffered so much and deserve being treated with justice.”
A report from New Jersey Policy Perspective released last month highlights the benefits of proposed legislation that would grant access to driver’s licenses to undocumented immigrants. “Allowing all residents the opportunity to drive legally would make New Jersey safer, help its economy and increase the well-being of many families. The Garden State should follow the lead of 11 states and Washington D.C., and ensure that all drivers, regardless of their immigration status, are tested, trained, licensed, insured and accountable for their driving records.”
Many undocumented immigrants are driving without a license, which many do to go to work or to take their children to school. In many parts of Newark it is necessary to travel by car rather than public transportation. This policy will also provide some relief to immigrants who are afraid of being deported due to interactions with law enforcement. It also would lower the amount of unlicensed drivers on the roads, therefore making them safer for everyone. “Being able to drive would improve my family’s quality of life, by expanding work opportunities, and helping us access the healthcare we need,” said Carmela Alza, a parishioner at St. Rose of Lima Church in Newark. “Now that Newark has approved municipal IDs for immigrants, the next step is passing driver’s licenses in New Jersey. It is good for our immigrant communities, and good for the state as a whole.”
The New Jersey Alliance for Immigrant Justice launched a campaign in March, New Jersey For All, which aims to advance policies that address the need for expanded access to driver’s licenses, the lack of government-issued identification in the immigrant community, wage theft, and the separation of immigrant families. The Alliance views the passing of this resolution to be another great step in the growing momentum from immigrant communities organizing to make New Jersey a more immigrant-friendly state.

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ESL celebrates a successful year

For several years CoFiA has offered a free ESL class for Spanish speakers every Tuesday night between September and June at the Palisades Park public library. This year there were three groups–beginners, intermediate, and advanced. Even though the languages of instruction were Spanish and English, the beginners section became very diverse, with students whose primary language was Syrian, Korean, and others. A challenge for our beginners’teacher, Betty DeMarco. Fortunately, Betty is a professional ESL teacher and has many ideas and lots of energy.

Members of the intermediate group have studied together for several years and the class is a social event for both teachers and students. The advanced students and teacher have been together even longer–probably 13 years! They are often called on to translate at CoFiA meetings and when we receive calls we need help with.

The class will resume after Labor Day.

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We celebrated the end of the year with a party

Former teacher Carmita Fong dropped by
Beginners with teacher Betty DeMarco
The beginners class with teacher Betty DeMarco
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Librarian Sujeli Contreras joined us for the party

And Still More Good News!

 

We have just learned that the Mayor of Newark will host a press conference this coming Monday, June 1, to officially announce the passage of the Municipal ID Ordinance. Many members and staff of the New Jersey Alliance for Immigrant Justice, and the member organizations, have been working hard on this effort.

NJAIJ encourages everyone to come celebrate the success and show support. The press conference is scheduled to start at 10 a.m. If you can attend, contact Alix Nguefack at ANguefack@afsc.org or call 973-643-1924.

More Good News

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NJ Alliance for Immigrant Justice and its member organizations are working hard!
On Friday, May 29, 2015 we received the exciting news that the Union County Freeholders became the first county in New Jersey to pass a resolution in support of drivers licenses for immigrants. The resolution was introduced by Freeholder Chairman Mohammed Jalloh and was passed unanimously.

The release from NJ Alliance for Immigrant Jusice states:
Trying to work and raise a family in New Jersey without a driver’s license is next to impossible. Giving immigrants access to licenses will make our streets safer, our economy stronger and keep our families together. As a resident of Union County, I thank the Freeholders for their historic vote in support of Drivers Licenses for all, said Luis Villa, member of Make the Road New Jersey and a resident of Elizabeth, NJ.

The legislation which is being proposed for the New Jersey legislature would allow undocumented immigrants to obtain licenses for the purposes of driving in the state. It would provide enormous relief to people who live in constant fear of being deported because they must drive but cannot get proper licenses–including many members and friends of CoFiA.

Members of the NJ Alliance for Immgrant Justice launched a campaign in March, called New Jersey for All, which promotes the issuance of drivers licenses, government-issued IDs, stronger wage theft legislation, and improved relations between the police and the immigrant community. CoFiA is a member of the Alliance.

Can we get Bergen County to get on board? Let us know if you could help with a campaign!

CoFiA Board meets June 4, 2015

CoFiA members discussed pending NJ legislation on Driving Permits and Wage Theft
Some members of the CoFiA Board at a recent meeting
Members of the Board of the Community of Friends in Action will gather for the regular monthly meeting on Thursday, June 4, 2015, at 7:30 at the home of Betty De Marco, 145 Longview, Leonia, NJ 07605. Please call Betty (201-723-9696) to RSVP.

All members and friends of CoFiA are welcome to participate. Rev. Debra Given, a long-time CoFiA member and supporter, will lead the meeting.