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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.

2011 Annual∙Impact∙Report


ANNUAL IMPACT REPORT 2011 In 2011, the EJC conducted over 1,250 intakes at our Workers’ Rights Clinic and returned more than $765,000 in back wages and damages to the pockets of low-income workers. This amount does not include a $6 million verdict for one client that has not been collected. In addition, many other low-wage workers received unquantifiable benefits, such as medical coverage or job reinstatement. See Who We Help for a sampling of some of our clients in 2011. GENDER Men

55%

Women

45%

RACE/ETHNICITY Black

49%

Latino

37%

White

4%

Asian

4%

Native American

.3%

Other

5%

EMPLOYER LOCATION DC

65%

MD

16%

VA

14%

CASE TYPE

The centerpiece and gateway of the EJC’s work is our Workers’ Rights Clinic. The Clinic is held twice a month on Monday afternoons in the Anacostia community of Southeast DC and weekly on Wednesday evenings in the Shaw community of Northwest DC. The clinic is open to all low-income workers in the District of Columbia, suburban Maryland, and Northern Virginia. At Clinic, workers receive free legal advice on the full range of employment law matters, and, in appropriate cases, the EJC assumes representation or refers workers to pro bono or experienced employment law attorneys. Since our inception on Labor Day 2000, the EJC has provided free legal advice and assistance to more than 10,000 lowincome workers with employment law problems at our Workers’ Rights Clinic and recovered over $7,000,000 in back pay and damages.

Wage & Hour

24%

Termination

17%

INDUSTRIES

Discrimination

13%

Construction/ Carpentry

11%

Restaurant/ Food Service

12%

Janitorial/ Cleaning

11%

Workers’ Comp

9%

Unemployment

11%

Criminal Records

4%

FMLA

3%

Sexual Harassment 2%

Government

ADA

Hotel/Hospitality

3%

Transportation

4%

Education

5%

Retail

6%

3%

Legal Services

6%


WHO WE HELP SHARON MILLER* worked as a therapist and was told that she would be paid on 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 the time Sharon stopped working for her employer, she was owed several paychecks. At the Workers’ Rights Clinic, Sharon received assistance writing a demand letter to her former employer, and finally received a check for all the money she was owed. After her success with the EJC, she decided to volunteer with us. Sharon recently went to an intake volunteer training and will soon begin volunteering at Clinic. SAM ALLEN* worked as a bartender, and his employer implemented a facial hair policy. 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 bartenders with facial hair were asked to shave. As the only African American bartender, Sam felt that he was being discriminated against because of race, so he came to the EJC Worker's Rights Clinic for assistance. The EJC referred his case to Joseph Barton and Monya Bunch at Cohen Milstein, who were able to negotiate a favorable settlement for Sam. MARIA SANDOVAL*, a Spanish-speaker, worked for a dry cleaning business in DC 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 the Clinic, we learned Maria regularly worked more than fifty hours a week, was paid below the 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 favorable settlement. TONYA PHILLIPS* had worked as a medical assistant for about a year and half when 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 was terminated while at home on bed rest.  Tonya came to the EJC Workers' Rights Clinic to find out her legal options. The EJC referred her case to Steve Kahn, a long-time EJC supporter 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 of 13 restaurant workers at EPICUREAN RESTAURANT. In partnership with Darin Dalmat, Danny Rosenthal, and Ed James of James & Hoffman, the EJC brought a collective action suit against the restaurant under the Fair Labor Standards Act and the D.C. Minimum Wage Act. The settlement reached this year included 100% of the overtime premiums and 100% of the liquidated damages owed to every member of the collective action. *Clients’ names have been changed


ANNUAL IMPACT REPORT 2011 FIRST SOURCE

Recognizing that legal advice and representation can generally only address the problems of one individual at a time, the EJC also identifies issues for systemic reform, including policy change and community organizing.

The EJC achieved a significant legislative victory for DC’s unemployed in December when the DC Council unanimously passed the Workforce Intermediary Establishment and Reform of First Source and Living Wage Amendment Act of 2011. DC’s old “First Source” law, which sets local hiring targets for city contracts, was weak and not well enforced. EJC helped introduce a bill that addressed these problems by holding city contractors more accountable for reaching hiring targets. The bill also created a workforce intermediary to connect unemployed DC residents with jobs and create career pathways. EJC co-authored a report on the problems with the old law, testified at the hearing in support of the legislation, successfully advocated for several modifications to strengthen the bill, and mobilized WAGE members and volunteers to advocate for the bill’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 advocacy campaigns to Stop Wage Theft, guarantee Paid Sick Leave for All, and Protect Injured Workers. One WAGE member authored a blog post on First Source, another was interviewed for The New York Times, and others testified in support of legislation to combat employee misclassification. WAGE MEMBER: BELINDA SHEPPARD When Belinda Sheppard, a product merchandiser for grocery stores throughout DC, was invited to join WAGE, she was immediately interested. As Belinda puts it, “I am exactly one of the people who are affected by the workplace conditions that WAGE is trying to improve.” Despite working 40 or more hours a week at her job, Belinda says she is considered a “part-time” employee and is denied any health benefits or leave. Through her activism in WAGE, Belinda has been involved in various EJC advocacy efforts. Most recently, she attended a coalition teach-in about the new campaign for Paid Sick Days for All: Healthy Workers, Healthy Businesses, Healthy DC. This campaign has special meaning for Belinda who herself has no paid sick days at her current place of employment. Through participating in campaigns like this, WAGE offers Belinda the opportunity to advocate for greater workplace justice both for herself and for her community: “As a member of the community, I believe in being active in the community. I am not interested just for myself, because whatever I desire for myself, I desire for other people as well.”

Advocacy


Education

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

EJC in the News http://www.washingtonpost.com/wpdyn/content/article/2011/02/08/AR2011020805439.html The editorial How to Create More Jobs for D.C. Residents discusses the need for stronger First Source legislation and the EJC’s work on the issue.

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

A New Executive Director In February 2011, EJC Executive Director Melvina Ford accepted a Presidential appointment to the Department of Labor. The Board of Directors asked Katherine Morrison to serve as Interim Executive Director while they conducted a nationwide search for a new executive director. In September 2011, the Board of Directors hired Barbra Kavanaugh 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 the equal treatment of all. Barbra's previous experience includes serving as an elected member of the City Council of Buffalo (NY),  where she championed living wage legislation.  In addition, she served for more than a decade with Neighborhood Legal Services in Buffalo and for several years as New York State Assistant Attorney General in charge of the Buffalo office.


Liz Shuler Keynote Speaker

Labor Day Breakfast Honorees September 15, 2011 Mayflower Renaissance Hotel

Champion of Justice Award & Keynote Speaker Elizabeth H. Shuler AFL-CIO Secretary-Treasurer Pro Bono Law Firm of the Year Murphy Anderson, PLLC Dallys Barrios - EJC Client Lisa Guerra, EJC Advocacy Attorney

Pro Bono Attorney of the Year Joseph Meadows of Arnold & Porter, LLP Murphy Anderson

Community Partner of the Year DC Jobs Council Volunteer of the Year Carol Light, Esq. - Advising Attorney Carey Bylin - Intake Volunteer The Segal Co.

Good Business, Good Neighbor of the Year The Segal Company, Inc. Labor Partner of the Year UNITE HERE Local 25

Orrin Baird EJC Board President

Awards for Special Service Melvina C. Ford, Esq. Arthur P. Rogers, Esq.

Art Rogers, EJC Attorney

Four EJC Executive Directors

Labor Day Breakfast


50-100 hours Rachel Bowen Carey Bylin Andre Henderson Amanda Hesse Joe Katz Martha Katz Erin Kesler

25-49 hours Kaitlyn Beyer Kerry Bollerman Michael Carrigan Rebecca Eisenbrey Louis Frohman Stephen Herm Kaitlyn Leader Ken Lemberg Michael Paarlberg Ryan Peckyno Cris Ramon Tom Ramstack Samara Schwartz Erica Smith Michael Thomas John Tremblay Sam Waite Liz Weiss Emily Weissler

Francis Heil Ariel Herm Grace Heusn Katerina Horska Jacqueline Hubbell Anna Karass Amy Lai Matthew Levy Brandi Lofton Juan Lopez Megan Lovett Maureen Marra Erin Medeiros Joel Milan Emily Moore Laura Moskowitz Rachel Nadas Sian O'Faolain Michael Page Sarah Podmaniczky Kali Schellenberg Eva Seidelman Lindsey Siegal Matthew Siegel Naomi Smoot Megan Stockhausen Kate Witzke Sasha Zheng

10-14 hours 15-24 hours Sameera Ali Stephanie Azar Alyssa Bilinski Jeremy Blasi Douglas Boorstein Laurielle Campbell Sean Carpenter Lauren Ciandella Miguel Columna Thomas Deal Tracy DeJesus Gary Fischer Nubia Garcia Daniel Havivi

Laura Bornstein Adriana Casso Eric Gettemy Evan Giamond Christopher Gomes Om Gulati Alina Hoffman Caroline Jova Jonathen Kwok Adam Martin Sarah Morgan Lauren Powell Sean Quinn Eliza Simon Kate Sullivan

1-9 hours

Volunteers

Eli Allen Bryan Back Ayla Bailey Ravi Bakhru Kayley Bebber Alli Van Beek Ellen Berndtson Michael Bilger Susanna Birdsong Aries Brinso Jaime Browne Miriam Cahan Jaime Cardenas-Navis Caitlin Cayness Aisha Ching John Cohen Mary Corbin Liliana Cousins Jospeh Cullen Lisa Daley-Mangi Bethany Davis Michelle Dellatorre Meghan Draste Adam Dubin Becca Eden Rebecca Eisenberry Eric Elder Jonathan English Justin Feldman Sarah Fink Elisa Garcia Ashley Gasckh Aleshadye Getachew Abigail Giarruss Andrea Gittlema James Goodley Joan Goodrich Anne Laure Gosset Thomas GremillionAriel Greenblu Greg Harding Stephanie Harris Danielle Hawkes Kristin High

Joey Hipolito Ashley Hodges Keith Howell Shireen Husain Stina Janssen Nick Johnson Andrea Jones Margaret Kahn Ina Kamenova Benjamin Kapnik Kavita Kapur Erin Kelly Jenny Klein Lori Leibowitz Anna Leise Stephanie Lin Joel Makonnen Phillip Mayor Renee McKinney Matthew Mellon Daniel Michelson-Horoqitz Matt Mihalich April Mims Rebecca Molk Laurie Monahan Jamiylah Mugtadir Antoynette Murchison Ashley Nelsen Carl Nelson Mooya Nyaydi Dipti Nayyar Aileen Ozay Arien Parham Sarah Piazza Carla Pineda Marja Plater Linda Porter Isela Ramos Jose Recio

Diana Reddy Natalie Trigo Reyes Nina Robertson Edmundo Saballos Dan Sabet Aaron Schaer Lisa Schopler Aniko Schwarcz Todd Schwartz Jill Sears Dipal Shah Rachel Shapiro Mackenzie Sherman Natasha Sikora Edward Silva Catherine Singley Nora Skelly Joshya Slade Lauren Smith Mara Stein Tara Stearns Terry Stratton Ryan Strom Meghan Tighe Dorian Tyus James Verdi Matthew Vogel Kelly Walters Lisa Walters Jessica Wang Alicia Weber Rex Weil Ari Weisbard Kate Wilcox Dana-Marie Williams Whitney Williams SheQuandra Woods Marcus Woodson Bill Young Rachel Zelman Andrea Zumbrum

WORKERS’ RIGHTS CLINIC ADVISING ATTORNEYS 75-99 hours

15-24 hours

Steve Kahn Robert Kurnick Carol Light

Lorrie Bradley Joni Jacobs Edgar Ndjatou Bill Persina Brian Powers Danielle Reich Michelle Woolley Liza Zamd

25-74 hours Joel Kravetz Danielle LeClair Douglas Parker Andrew Sackett Alexandra Tsiros

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

1-14 hours Nancy Craig Darin Dalmat Ellen Eardley Renee Gerni Adam Gorod Hnin Khaing Andrew Lin Keira McNett Tiffany Releford Nina Schichor Jane Smith Howard Wolf-Rodda


ANNUAL IMPACT REPORT 2011 DC Employment Justice Center gratefully acknowledges the following donors who made gifts of $250 or more between January 1 and December 31, 2011.

F

OUNDATIONS & UNDS

AARP Foundation Chet Levitt Fund for Employment Law Community Foundation - NCR Consumer Health Foundation DC Bar Foundation Equal Justice America Eugene & Agnes Meyer Foundation Fabrangen Tzedakah Collective Jovid Foundation Marpat Foundation Morris & Gwendolyn Cafritz Foundation Naomi & Nehemiah Cohen Foundation Peggy Browning Fund Public Welfare Foundation The Moriah Fund Women's Bar Association Foundation World Bank Community Connections Fund

I

NDIVIDUALS

Anonymous Ann E. Allen Elena Alvarez Russell Bailey Orrin Baird Kathryn L. Bakich Alan Banov Robert Joseph Barton Susan D. Bennett

Donors

Keith Bolek Phyllis Borzi Kathryn & Howard Brown Stephen Bruce Christopher Calamita Julia & Nicholas Clark J. Penny Clark David Colodny Joseph & Dorothy Conti Judith Conti David Dalke Laurie Davis & Joseph Sellers David A. Dugoff & Victoria Bor Colin Patrick Eyre Melvina Ford Peter Ford Hope Gleicher Jonathan L. Gould Jane Gruenebaum Stephen Herm Rachel Hines Melinda Holmes & Desmond Hogan Cristina Hreachmack Joni S. Jacobs Ira Jaffe Dr. William Jones Alan Kabat Barbara Kim Kagan Steven Kahn Wendy Kahn & Martin Burns Joseph Kolick, Jr. Martin Kohn Barbara Kraft Robert & Judy Kurnick Annette Labiano-Abello Peter & Stacy Leff Dinah Leventhal Carol Light Lisa Lindsley Derrick Lott Kathleen Marchesi Shirley Massey Kevin McCarron

Frederick Mulhauser Raj Nayak Christine Owens Douglas & Elizabeth Parker Carol Waller Pope Barbara Sanford Paula Scott Joseph Semo Paul Flynn & Amy Shannon Heidi Shierholz Mary Signorille Dekya Spencer Nicole Spencer Sarah J Starrett Eli Staub Brian Stiglmeier Christine Stoneman Patrick J. Szymanski Aydin & Beatriz Tuncer Jeff Turner Christine Webber & J. Wesley McClain, III Mary Wheeler

L

AW FIRMS

Alden Law Group, PLLC Arnold & Porter, LLP Clark Law Group, PLLC Cohen Milstein Covington & Burling LLP Crowell & Moring Employment Law Group Fried, Frank, Harris, Shriver & Jacobson, LLP James & Hoffman, PC Jules Bernstein & Linda Lipsett Kalijarvi, Chuzi & Newman, PC Katz, Marshall & Banks, LLP Law Offices Of Gary M Gilbert & Associates, PC Levendis Law Group, PLLC Mehri & Skalet, PLLC Murphy Anderson, PLLC O'Donnell, Schwartz & Anderson O'Donoghue & O'Donoghue Sherman, Dunn, Cohen, Leifer & Yellig, PC Slevin & Hart, PC Steptoe & Johnson, LLP


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

PRO BONO & CO-COUNSEL ATTORNEYS American University Washington College of Law Civil Practice Clinic Richard Ugelow Llezlie Coleman Law Students Arnold and Porter Joe Meadows Jennifer Fernicks-Loiter Claimant Advocacy Project, AFL-CIO Tonya Love Lolita Martin Denise Clark Cohen Milstein Joe Barton Monya Bunch Joshua Kolsky Cozen O’Conner Jonathan Grossman Bob Magovern Covington & Burling Mateo Caballero Jeffrey Huvelle Steven Robertson

Crowell and Moring Andrew Bagley Brian McLaughlin Gary Gilbert & Associates Danny Katz George Washington University Public Justice Advocacy Clinic Nancy Craig Jeff Gutman Annie Smith Law Students Hogan Lovells Corey Roush Khang Tran James and Hoffman Darin Dalmat Steve Hoffman Ed James Danny Rosenthal Steve Kahn Katz, Marshall, and Banks Avi Kumin Mary Ann Kelly Harold Levy

Webster, Fredrickson, Correia & Puth PLLC White & Case Wilmer Cutler Pickering, Hale and Dorr LLP Woodley & McGillivary Zwerdling, Paul, Kahn & Wolly, PC

B

USINESSES & . ORGANIZATIONS

American Income Life Insurance Burness Communications, Inc. Kalmanovitz Initiative For Labor & The Working Poor The Edgar Lomax Company The Segal Company, Inc.

L

Mehri & Skalet Ellen Eardley Mooney, Green, Saindon, Murphy and Welch Andrew Lin Murphy Anderson Lorrie Bradley Mark Hanna Michelle Woolley Passman & Kaplan Joe Kaplan Semo Law Group Joseph Semo Dekya Spencer Tom Spiggle White and Case Dana Foster Yael Krigman Woodley and McGillivary Greg McGillivary Diana Nobile David Ricksecker Zwerdling, Paul, Kahn & Wolly Wendy L. Kahn

ABOR

AFL-CIO AFL-CIO Lawyers Coordinating Committee Amalgamated Transit Union American Federation Of Teachers American Postal Workers Union International Union of Painters and Allied Trades Metropolitan Washington Council AFL-CIO Service Employees International Union SEIU Local 32BJ UFCW Local 400 UNITE HERE Local 25 Washington Building & Construction Trades Council

We apologize if we inadvertently omitted anyone from these lists. If we omitted your name, please contact us at justice@dcejc.org so that we may update our records.


ANNUAL IMPACT REPORT 2011 Statement of Position Assets Liabilities Net Assets

2010 $146,722 $21,263 $125,459

2011 $303,900 $134,367 $169,533

$918,209 $993,131 ($74,922)

$1,026,131 $1,005,917 $20,214

Statement of Activities Revenue Expenses Net

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

Financial Information


Board & Staff Executive Board

Orrin Baird President SEIU

Hope Gleicher Carol Waller Pope Lisa Lindsley Vice President Secretary Treasurer Consultant Federal Labor Relations Authority AFSCME

Board of Directors Joseph Kolick, Jr. Dickstein Shapiro, LLP • Jorge Carranza Clear Communications • Brenda Day Treatment Counselor • Sarah Massey Massey Media • Joseph Semo Semo Law Group • Aydin Tuncer Raymond James & Associates • Barbara K. Kagan Steptoe & Johnson, LLP • Heidi Shierholz, Ph.D. Economic Policy Institute

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 Weisbard Advocacy Manager • Arthur Rogers, Esq. Pro Bono Mentor • Lisa Guerra, Esq. Bilingual Staff Attorney/Wage & Hour Advocacy Attorney • Sally Abrahamson Bilingual 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 Kesselring Law 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


Workers’ Rights Clinic Free legal advice on employment law matters for low-income workers

The EJC has moved! Please note our new address:

DC Employment Justice Center SOUTHEAST CLINIC Two Mondays per month 3:00 pm - 6:00 pm First come, first served Bread for the City - SE 1640 Good Hope Rd SE, Washington DC NORTHWEST CLINIC Every Wednesday 6:00 pm - 9:00 pm First come, first served Bread for the City - NW 1525 7th St NW, Washington DC No appointment necessary. No need to call in advance.

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

1413 K St NW, 5th floor Washington, DC 20005 202-828-9675 (phone) justice@dcejc.org


EJC Annual Report 2011