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1 DIGNIDAD, COMUNIDAD Y PODER Council Members Ferreras and Brewer stand with MRNY small business leaders for paid sick days PHOTO JAVIER CASTAÑO MAKE THE ROAD NEW YORK 2012 IN THE NEWS JANUARY - MARCH MAKE THE ROAD NEW YORK 301 GROVE STREET BROOKLYN, NY tel fax ROOSEVELT AVENUE JACKSON HEIGHTS, NY tel fax PORT RICHMOND AVENUE STATEN ISLAND, NY tel fax SUFFOLK AVENUE BRENTWOOD, NY tel fax VISIT FOR COMPLETE COVERAGE OF MRNY S WORK THIS QUARTER.

2 Carwash Workers in New York City Plan Union Drive By Kirk Semple March 4, 2012 At a carwash in an industrial patch of Astoria, Queens, Adan Nicolas, a Mexican immigrant, is preparing to open the newest front in New York City s labor battles. His bosses have often paid him and the other carwash workers less than minimum wage and have cheated them on overtime pay, Mr. Nicolas said. The workers, he said, are not provided with protective gear but are forced to use caustic cleaners that burn their eyes and noses. Community organizers say these kinds of violations are rampant among local carwashes. So for the past several weeks, under the tutelage of immigrants advocates, Mr. Nicolas, 31, has been briefing his colleagues in rudimentary labor law and the language of organizing. Out of the sight of bosses, similar conversations have been unfolding at other carwashes around New York City. Across New York City, carwash workers have complained of being illegally underpaid and being exposed to caustic substances We re all ready to fight for our rights and have a dignified place to work, and not to be abused like we are today, Mr. Nicolas said. On Tuesday, a coalition of community and labor organizations plans to introduce a citywide campaign to reform the carwash industry. The union advocates, in turn, hope to use the campaign to unionize carwash workers across the city, most of whom are immigrants. This is a real partnership between community organizations and organized labor to try to tackle these problematic working conditions, said Andrew Friedman, co-executive director of Make the Road New York, an advocacy group that is leading the coalition with New York Communities for Change, another advocacy group, and support from the Retail, Wholesale and Department Store Union. A similar campaign in Los Angeles has resulted in collective bargaining agreements between at least three carwash companies and their workers. Two of the deals were completed last month. The campaign in New York faces many challenges. Carwash workers a population of about 1,600, by the coalition s estimates are scattered across about 200 locations, many of which are under individual ownership. Each company would require a separate organizing effort. Many of the workers are illegal immigrants who might be unwilling to speak out for fear of being fired or drawing the attention of the immigration authorities. Carwash managers and owners said in interviews that they were paying and treating their employees fairly, and vowed to resist unionizing efforts.

3 We re going by the law, said the manager at Queensboro Car Wash in Long Island City, who would not give his name. He added that while he did not believe that unionizing was necessary at his car wash, he supported it at other ones that aren t paying what they should to the guys. The organizing coalition, called Wash New York, interviewed 89 carwash workers at dozens of carwashes around New York City and found that about two-thirds of them said at times they made less than the state-mandated minimum wage of $7.25 per hour. The typical schedule was at least a 60-hour workweek, but a majority received no overtime pay above 40 hours, as required by law. Those who received overtime pay often made less than the mandated rate of time-and-a-half, the coalition said. Rest and lunch breaks were fleeting and unpaid, many said. Not a single worker in the survey reported receiving paid sick days, and only one said he had been offered a health care plan, the organizers said. Most of the workers said they were not given proper protective equipment and training to handle the caustic cleaning products used at carwashes. Some workers described using chemicals that burned holes in their clothing, the organizers said. Mr. Nicolas, the carwash worker, said his bosses were unsympathetic to these grievances. He requested that the name of the car wash where he works not be disclosed before the campaign starts. Mr. Nicolas confessed to feeling a bit of fear about the possible repercussions, including his firing, but added: It s worth it because we re suffering so much injustice. Wash New York s assessment of the industry dovetails with the findings of a state investigation in Sixty inspectors visited 84 carwashes across the state and reported $6.5 million in underpayments to 1,380 workers. About 80 percent of the carwashes in New York City had violated minimum wage and overtime laws, the officials found. The state labor commissioner at the time, M. Patricia Smith, called the industry a disgrace and vowed to change the culture of it. That investigation led to millions of dollars in fines, litigation and vows of compliance by owners. In 2010, the department announced a settlement of nearly $2 million with the operators of a carwash in Upper Manhattan that had failed to pay minimum and overtime wages. A spokesman for the department said investigators were currently pressing wage-violation cases against other carwashes. The coalition plans to use Tuesday s announcement to disclose its unionizing goals to the carwashes. But managers and owners informed of the campaign said they would resist it, in part because collective bargaining agreements would most likely translate into higher prices for customers and, they feared, harm their business. We would never sign with the union, said the manager at Whitestone Car Wash in Queens, who would give only his first name, John. I like things the way they are.

4 GOTHAM Judged a Failure by the Data, a School Succeeds Where It Counts By MICHAEL POWELL Published: March 26, 2012 Aniah McAllister was a lost girl of New York, one of tens of thousands of children edging toward an adulthood drained of hope. At 18, she possessed just 17 high school credits; she knew the streets and little more. She wandered, almost on a whim, into Bushwick Community High School in Brooklyn, a last-chance school for lastchance kids. Two years later? I m 20 years old, I have 46 credits, and I want to go to college. Ms. McAllister shakes her head, as if amazed to have just claimed that desire as her own. This school made realize, she says, that I am much better than I thought I was. Aniah McAllister, left, Justin Soto and Kassandra Barrientos attend Bushwick Community High School, which gives struggling students a last chance. Kirsten Luce for The New York Times That s a pretty fair bottom line for any school, although in the up-is-down world of public education in New York, it might just be an epitaph for this small marvel of a high school. Known as a transfer high school, Bushwick Community admits only those teenagers who have failed elsewhere. Most students enter at age 17 or 18, and most have fewer than 10 credits. You can muck around quite a bit trying to find someone who has walked the school s corridors, talked to its students and faculty, and come away unmoved. Most sound like Kathleen M. Cashin, a member of the State Board of Regents and a former superintendent. They care for the neediest with love and rigor, she said. They are a tribute to public education. Yet Mayor Michael R. Bloomberg, whose insistence that he has presided over an educational miracle recognizes few bounds of contrary fact, has proposed laying off the principal and half the teachers before it can reopen for the next school year. City officials complain that a majority of students fail to graduate in six years. This bill of indictment appears math-challenged. If students enter at 17 or 18, with less than a year s worth of credits, the chances seem strikingly good that the students will not graduate within six years of freshman year. (The State Education Department takes the view that the metrics, rather than the high school, are most likely broken.) The city s Education Department has adopted a resolutely cheery tone.

5 This really empowers them to take ownership of this school, a department spokesman said. What kind of change can they imagine? Public education across the nation has sunk deep into a bog of metrics. We presume to measure teaching and achievement as a chemist does a proper mixture of chemicals. To this conceit, you can add the draconian demands of the federal No Child Left Behind law, which offers millions of dollars in help for poor urban schools only if city officials adhere to the same unyielding metrics. This is a particular problem for a transfer high school, whose faculty takes children bruised by years of neglect. Bushwick Community is run, in part, by its faculty members, who offer the usual collection of the smart, the eccentric and the deeply committed found in most schools that work. To sit with a dozen of the students at a community center not far from the high school was to watch as one girl nursed a baby and another spoke of living with her child in a shelter. Two had been tossed out of their family homes. Another lived with her grandmother on Coney Island she commutes one and a half hours each way to this high school in Bushwick. These are nonlinear kids with nonlinear lives. There are no fairy tales in public education. These teachers are their own harshest critics. Yet the Education Department s report card compares this school with other transfer schools, and gives it a 95 percent grade in improving student attendance, 90 percent for passing the English Regents exam and 100 percent for the math Regents. All of which is fine, though not nearly as moving as listening to these teenagers talk of lives adrift until they washed ashore here. Justin Soto, short and muscular with a goatee, raises his hand. I had not passed a class since junior high school, he says, as tears roll down his cheeks and a girl rubs his neck. I m 21, but I m not a man yet. This school has given me a life. Ms. McAllister raises her hand. A year ago, she asked her teacher if she was smart enough to graduate. He spent an hour talking to her. Next year, she will attend Medgar Evers College. She, too, is crying. Failure was all I knew, she says. What, I ask, would you like to be? A teacher, oddly, she says. I mean, it s inspiring when you know what you were and see what you are now.

6 OP-ED CONTRIBUTOR Do-It-Yourself Deportation By Antonio Alarcón February 1, 2012 Antonio Alarcón is a high school student and a member of Make the Road New York, an immigrant advocacy group. This essay was translated by Natalia Aristizabal-Betancur from the Spanish. ONE of my happiest childhood memories is of my parents at my First Communion. But that s because most of my memories from that time are of their being absent. They weren t there for my elementary school graduation, or for parent-teacher conferences. From the time I was just a baby in Mexico, I lived with my grandparents while my parents traveled to other Mexican states to find work. I was 6 in 2000 when they left for the United States. And it took five years before they had steady jobs and were able to send for me. We ve been together in this country ever since, working to build a life. Now I am 17 and a senior in high school in New York City. But my parents have left again, this time to return to Mexico. Last week, when asked in a debate what America should do about the 11 million undocumented immigrants living here, Mitt Romney said he favored self-deportation. He presented the strategy as a kinder alternative to just arresting people. Instead, he said, immigrants will decide they can do better by going home because they can t find work here. But really this goes along with a larger movement in states like Arizona and Alabama to pass very tough laws against immigrants in an attempt to make their lives so unbearable that they have no choice but to leave. People have called for denying work, education and even medical treatment to immigrants without documentation; many immigrants have grown afraid of even going to the store or to church. The United States is supposed to be a great country that welcomes all kinds of people. Does Mr. Romney really think that this should be America s solution for immigration reform? You could say that my parents have self-deported, and that it was partly a result of their working conditions. It s not that they couldn t find work, but that they couldn t find decent work. My dad collected scrap metal from all over the city, gathering copper and steel from construction sites, garbage dumps and old houses. He earned $90 a day, but there was only enough work for him to do it once or twice a week. My mom worked at a laundromat six days a week, from 6 a.m. until 6 p.m., for $70 a day. But the main reason they had to leave was personal. I have a brother, 16, a year younger than me, still living in Mexico. He was too little to cross the border with me when I came to the United States, and as the government has cracked down on immigration in the years since, the crossing has become more expensive and much more dangerous. And there was no hope of his getting a green card, as none of us have one either. So he stayed with my grandparents, but last year my grandmother died and two weeks ago my grandfather also died. My parents were confronted with a dilemma: Leave one child alone in New York City, or leave the other alone in Mexico. They decided they had to go back to Mexico. Now once again I am missing my parents. I know it was very difficult for them to leave me here, worrying about how I will survive because I m studying instead of earning money working. I m living with my uncles, but it is hard for my mother to know that I m coming home to a table with no dinner on it, where there had been dinner before. And it s hard for me not having my parents to talk to, not being able to ask for advice that as a teenager you need. Now that they are in Mexico, I wonder who will be at my graduation, my volleyball games or my birthday? With whom will I share my joy or my sad moments? I know a girl named Guadalupe, whose parents have also decided to return to Mexico, because they can t find work here and rent in New York City is very expensive. She is very smart and wants to be the first in her family to attend college, and she wants to study psychology. But even though she has lived here for years and finished high school with a 90 percent average, she, like me, does not have immigration papers, and so does not qualify for financial aid and can t get a scholarship. People like Guadalupe and me are staying in this country because we have faith that America will live up to its promise as a fair and just country. We hope that there will be comprehensive immigration reform, with a path to citizenship for people who have spent years living and working here. When reform happens, our families may be able to come back, and if not, at least we will be able to visit them without the risk of never being able to return to our lives here. We hope that the Dream Act which would let undocumented immigrants who came here as children go to college and become citizens and which has stalled in Congress will pass so that we can get an education and show that even though we are immigrants we can succeed in this country. If, instead, the political climate gets more and more antiimmigrant, eventually some immigrants will give up hope for America and return to their home countries, like my parents did. But I don t think this is something that our presidential candidates should encourage or be proud of. Immigrants have made this country great. We are not looking for a free ride, but instead we are willing to work as hard as we can to show that we deserve to be here and to be treated like first-class citizens. Deportation, and selfdeportation, will result only in dividing families and driving them into the shadows. In America, teenagers shouldn t have to go through what I m going through.

7 Cuomo and G.O.P. Quiet So Far on Tuition Aid for Illegal Immigrants By John Eligon March 7, 2012 ALBANY With immigration still a contentious issue around the country, Gov. Andrew M. Cuomo and Republican lawmakers have maintained a noticeable distance from New York State proposals that would make financial aid available to illegal immigrants at colleges and universities. Advocates for the so-called Dream Act have the backing of Mayor Michael R. Bloomberg, who said at a recent budget hearing that maintaining a system in which illegal immigrants cannot gain access to scholarship aid is just asking us to continually have a group of people who can t share in the American dream. But thus far the advocates have been unable to win public support from Mr. Cuomo, a Democrat who has generally been supportive of immigrants but who faces the possibility that his position could reverberate if he runs for president in Mr. Cuomo s spokesman would say only that the governor was studying the legislation. Advocates for the legislation are also hoping to win support from at least some Republican lawmakers, as party leaders have increasingly promoted their outreach to the state s fast-growing Hispanic population. But Republicans have so far issued only cautionary statements about the Dream Act. New York, a state in which about 22 percent of the population is foreign-born, is one of a handful of states that allow illegal immigrants to receive in-state tuition at public universities. The City University of New York system has nearly 6,000 illegal immigrants enrolled at its schools, a spokesman said; the State University of New York does not track the immigration status of its students, according to its spokesman. This year, seeking to broaden educational opportunities for residents who were brought to the United States illegally as children, lawmakers are offering several proposals to make it easier for them to pay for higher education. Two versions of the Dream Act have been proposed in the State Legislature. One would allow illegal immigrants who graduated from a high school in the state to get a piece of the roughly $900 million in the state s Tuition Assistance Program. The other bill would create a private fund that the students could tap for aid; donors would get tax credits for contributing to the fund. These Dream Act proposals differ from federal legislation of the same name, backed by President Obama, which would create a path to citizenship for illegal immigrants who go to college or serve in the military. The federal bill was defeated in December 2010 and reintroduced last spring. Daniela Alulema, a proponent of the New York version of the Dream Act and a board member at the New York State Youth Leadership Council, said the legislation would be an investment in the education of undocumented youth.

8 These are young, dedicated, hard-working students who could be part of a more educated and productive work force, Ms. Alulema said. But critics are outraged. The Dream Act sends the message that there s no distinction between being here legally or illegally, said Steve Levy, the former Suffolk County executive and a vocal critic of the state s immigration policies. It s hard enough that the government doesn t enforce its borders, but now taxpayers would be subsidizing the undocumented residents. State Senator Adriano Espaillat, a Democrat from Washington Heights who is a sponsor of a version of the Dream Act, said he was hoping for the political muscle of the governor to get the measure passed. I haven t heard him individually, voluntarily speak up on it, Mr. Espaillat added. That s a concern, yes. Some advocates are optimistic that Mr. Cuomo will ultimately support the tuition measures, especially given his past support for immigrants. My instinct is, when the moment does come and he needs to come out, he will, said Javier H. Valdés, the deputy director of Make the Road New York, an organization that has supported the bill. Advocates for the legislation also argue that Republicans should back the measure, as the population of immigrants in some Republican districts rises. Several conservative pockets of the state, mostly on Long Island and in Westchester County, have growing Latino and immigrant populations. This is not a constituency that is just in Washington Heights or a constituency that is just in traditional communities of color, said Bill Perkins, a Democratic senator from Harlem who is sponsoring a version of the Dream Act. I think it offers those who might be Republicans the opportunity to bring something home to their base of support. Democrats are looking for support particularly from two freshman Republican senators from Long Island, Lee M. Zeldin and Jack M. Martins. Mr. Zeldin, whose district is more than a quarter Hispanic, said he was keeping an open mind about the proposal but had questions about whether it would help some students at the expense of others. He said the government could also help immigrants by addressing areas like education, gang violence, foreclosures and property taxes. The fact is there are several issues we also are paying attention to, Mr. Zeldin said. I don t see any one issue being an end all, be all to fix that community s problems. Mr. Martins, whose district is 13.8 percent Hispanic, said he wanted to make sure the Dream Act was targeted at immigrants who arrived as children. The issue is far more prevalent and far more important, he said, when you re dealing with younger children who ve come to this country and are here for 10, 15 years and are literally as American as anyone else.

9 Minorities Slam Revised Political Map By Will James February 10, 2012 SMITHTOWN, N.Y. For decades, Long Island's minority population has grown steadily, transforming the nation's first suburbs from white, Republican bastions into an area that is nearly 30% black, Latino and Asian. On Thursday, anger over the failure of those numbers to translate into political power erupted at a public hearing here in Suffolk County on new boundaries drafted for the island's nine state Senate seats. Black and Latino leaders who had been organizing and honing their arguments this week contended the boundaries split minority communities and diluted their voting power. No black, Asian or Latino person has ever held a state Senate or congressional seat on Long Island. There is one black and one Latino member of the Assembly from the region. "We're not just talking about electing a black person or a Hispanic person," said Frederick K. Brewington, a Hempstead civil rights attorney who challenged statewide redistricting a decade ago. "We're talking about electing candidates that the persons in those communities would support. It could be a white person, a Hispanic person, a Chinese person." The new maps were issued last month by the New York State Legislative Task Force on Demographic Research and Reapportionment, which is charged with overhauling Assembly, Senate and congressional lines every 10 years based on new Census data. The task force created Nassau and Suffolk maps largely unchanged from years past. Hearings are being held statewide before the new lines are voted on by the Legislature. Gov. Andrew Cuomo, a Democrat, has vowed to veto maps drawn for partisan purposes. Scott Reif, a spokesman for the Senate's Republican majority, which has control over the Senate maps, said: "Our plan is fair and legal, and protects minority voting interests. We consolidate communities of interest wherever possible, and largely preserve the cores of existing districts. These are draft lines, and we expect to make changes." Redistricting is a particularly sensitive issue in the state Senate, where Republicans hold a majority. A Long Island Senate district with a large minority population could lean Democratic, jeopardizing control of the chamber. Long Island's two main minority areas Hempstead and Brentwood are split among six Republican senators, who like all of Long Island's nine senators are white men. Long Island's voter registration has changed from solidly Republican to slightly Democratic over the last decade. Immigrants have also changed the region's demographics. In 1990, Suffolk and Nassau counties combined were 6.3% Latino, 6.9% black and 2.3% Asian, according to census data. In 2010, the region was 15.6% Latino, 8.6% black and 5.4% Asian. On Wednesday, Elizabeth Bonilla [member of Make the Road NY], 40, said Brentwood, where she grew up, and neighboring Central Islip, where she lives, face a distinct set of problems high foreclosure rates, gangs, drugs, under-performing schools and high property taxes. "To have someone representing us who has been there, you know, been there done that," she said, "it would be ideal for us because they know how hard it is." But Sean Wright, a 42-year-old African-American from Valley Stream, said minorities don't vote as a bloc and said he liked his senator. "I'm happy with [Senate Majority Leader] Dean Skelos," Mr. Wright said. Stan Klein, political science professor at the C.W. Post campus of Long Island University and a member of the Huntington Republican Committee, said drawing majority-minority districts on Long Island would be difficult because they are spread out. Further, he said, it would be "equally unfair" to draw districts specifically for minority communities. Larry Levy, executive dean of the National Center for Suburban Studies at Hofstra University, said both parties draw political lines that protect incumbents, and Republicans were trying to hang on to their majority as long as possible. "But eventually," Mr. Levy said, "whether it's 10 years, certainly no more than 20 years, there will not be nine Republican, white districts on Long Island."

10 State probes whether New York car-wash kingpin John Lage cheated workers out of wages Exclusive: Workers claim bizman pays employees $5.50 per hour - $1.75 less than legal minimum By Erica Pearson March 26, 2012 The state is investigating whether New York City s car-wash kingpin has financed a life of luxury by cheating workers out of wages, the Daily News has learned. Attorney General Eric Schneiderman last week slapped a subpoena on John Lage, who is linked to more than a dozen car washes and lives in a $900,000 lakefront house in Westchester. Workers claim that the car washes pay $5.50 an hour $1.75 less than the legal minimum plus a pittance in tips. They don t make overtime and complain about harsh working conditions. Sources close to the investigation say Schneiderman is zeroing in on serious allegations of wage-and-hour violations. Lage s lawyer, Dennis Lalli, called the AG s demand for the company s paperwork exceedingly aggressive, but declined to comment further. Also subpoenaed were Lage s son Michael Lage and associate Fernando Magalhaes. Together, the three men are connected to at least 21 car washes across the city, according to public records. The state is probing just 10 of them. The Lages and Magalhaes could not be reached directly for comment. Only a housekeeper was home at Lage s turreted home, which overlooks a reservoir in Eastchester and had a Mercedes parked in the driveway. Advocates say Lage is living large off the backs of workers who are too afraid to complain about low pay and harsh conditions. There s just no excuse for the abuses at these car washes, said Deborah Axt of Make the Road New York. These are not mom-and-pop business owners who are just trying to get by. Three years ago, Lage agreed to pay some of his workers $3.4 million in back pay and damages after a federal suit. More of his car washes have come under scrutiny from Schneiderman against the backdrop of a unionization push. Employees backed by Axt s group and New York Communities for Change have held protests, and the Retail, Wholesale and Department Store Union has been meeting with them. The issues include low pay, caustic cleaning solutions and lack of protective gear. Julian Cruz, 32, a washer at LMC Car Wash and Lube on E. 109th St. in Manhattan, said he makes $5.50 an hour and no overtime for 12-hour shifts. He gets tips, but it doesn t always add up to the statemandated minimum wage of $7.25 an hour, he said. One of my co-workers hurt his finger in the machine where they dry the towels last year, and they sent him home for a week without any pay, said Cruz, a Mexican immigrant who lives in East Harlem. In 2005, the U.S. Department of Labor sued Lage over conditions at six of his outfits in Brooklyn, the Bronx and Queens. When he agreed to pay up in 2009, Secretary of Labor Hilda Solis called it a loud wake-up call to other employers of vulnerable workers. Lage is paying what he agreed on schedule, but critics say he hasn t cleaned up his act. Now Schneiderman is looking into allegations of wage, tip and overtime violations and whether managers are breaking the law by sending workers home without pay when it rains. The state is also investigating claims that workers have to pay for damage to cars out of their own pocket, sources said. An umbrella campaign called WASH New York is in discussions with the Occupational Safety and Health Administration about possible violations at Lage-owned outfits, including improper gear. The group says that while Lage owns one of the city s biggest car-wash chains, conditions are bad industry-wide. It absolutely is just the tip of the iceberg, said Axt, whose group is preparing to sue some car-wash owners. Organizers spent months canvassing nearly 200 car washes and interviewed 89 workers. Two-thirds said they were paid less than minimum wage at times. Some took home just $125 a week. More than 75% of the workers reported getting no overtime pay, even if they worked more than 100 hours a week. None had paid sick days, and only one was offered an employersponsored health plan.

11 Car wash workers endure mistreatment, report says By Vera Chinese March 6, 2012 Car wash workers in New York are routinely denied overtime, exposed to toxic chemicals and receive less than minimum wage, according to a report unveiled Tuesday. Labor advocates are pushing for industry-wide reform a campaign that includes the call to unionize workers, mostly undocumented Latino immigrants. The report commissioned by WASH New York, a coalition of labor and community groups [including Make the Road NY], is based on interviews with 89 workers at 29 car washes around the city. Not one of the employees interviewed said they got sick time and only one was offered any sort of employer-sponsored health plan, the report stated. It s not a few bad apples, it s citywide, said Stuart Appelbaum, president of the Retail Wholesale and Department Store union, which helped launch the campaign. Dozens of workers and their supporters, some hoisting signs that read this store steals workers wages and give us back our money, rallied Tuesday in front of Metro Car Wash in Rego Park. Car wash worker David de la Cruz Perez recounted tales of mistreatment and in his case physical injury. Perez immigrated from Guatemala five years ago and found work at Sutphin Boulevard Car Wash in Jamaica, he said. While adjusting the car wash track one day, his boss turned on the machine, crushing his hand and causing nerve damage, Perez said. He ignored his throbbing hand as he finished his 12-hour shift, Perez said, and was forced to miss six months of work without compensation. It still hurts a lot every day, he said through a translator. Car wash worker David de la Cruz Perez [a member of Make the Road NY] (in blue jacket) joins fellow workers and labor advocates in Rego Park on Tuesday for the unveiling of a report that details the mistreatment of car wash workers. Sutphin Boulevard Car Wash management did not return a call seeking comment. Paulino Cabrera, manager at LMC Car Wash in East Harlem, another business charged with unfair labor practices, said his company treats workers fairly. All workers are offered lunch and coffee breaks as well as proper protective gear, he said. Ask my employees over here, he said. Providing protective gear is part of the company. Other allegations in the report included managers docking employees tips for minor offenses, employees being forced to buy their own safety equipment and verbal harassment by higher-ups. The report, commissioned jointly with community groups Make the Road New York and New York Communities for Change, recommends stricter industry oversight and an easier path to unionization. Today the struggling begins, said Vincent Alvarez, president of the New York City Central Labor Council. But we will be with you through this battle.

12 Restaurant workers get justice By Albor Ruiz March 11, 2012 Appearances, as we all know, can be deceiving and the case of Veranda, a posh Manhattan restaurant and lounge, proves it once again. Few could imagine that a place as welcoming to its patrons as this Greenwich Village eatery could also be abusive and unfair to its workers. But as the case of multimillionaire celebritychef Mario Batali shows, the exploitation of vulnerable workers a great many of them immigrants and minorities is a fact of life even in the most celebrated and expensive restaurants in the city. As reported by The Daily News last Thursday, Batali was ordered to pay listen to this $5.25 million to 1,100 workers in seven of his swanky restaurants who claim to have been cheated out of tips. In the case of Veranda, an eatery owned by by Egyptian immigrant Moutaz Ali, state Attorney General Eric Schneiderman s office found that behind the establishment s attractive glass facade 25 workers were routinely robbed of their hard-earned wages and tips. Two of the workers who dared question the company s practices were summarily fired. Every person, regardless of the job or position, has the right to speak the truth about his or her working conditions, Schneiderman said. The Veranda case, of course, pales next to Batali s giant settlement, but it is unmistakable proof of Schneiderman s determination to enforce labor laws. These are difficult economic times for workers and for many small businesses. That s all the more reason for our office to aggressively enforce the law, and use every tool at our disposal to prevent an economic race to the bottom that drives workers and their families into poverty, and creates an unequal playing field for honest employers, Schneiderman said. By scaring employees into silence, employer retaliation undermines basic labor law protections. As part of a settlement with the attorney general, Veranda, located at 130 Seventh Ave., will finally pay the cheated workers what is rightfully theirs: $150,000 in restitution for employees who were paid below the minimum wage and did not receive overtime pay as required by law. In addition the eatery was ordered to shell out $50,000 in restitution for damages, lost wages, and penalties for wrongfully terminating the two complaining workers. When I first heard about a possible victory, I could not believe it, said Marco Jacal, one of the fired workers. I am thankful to Make the Road New York for fighting to pass the Wage Theft Prevention Act. I also want to thank the attorney general. Make the Road, a Brooklyn-based grass roots group, was part of a coalition of lowincome workers, small businesses, organized labor, nonprofits and legal services providers that worked tirelessly for passage of the Wage Theft Prevention Act that went into effect April 9, But almost one year after the act became law, rogue employees keep trying to cheat their workers. Veranda is only the best known of four labor violation cases handled by Schneiderman s office so far this year.

13 Manhattan eatery forks over cash for wage theft Greenwich Village restaurant Veranda will pay $200,000 to settle an investigation into its pay practices. By Daniel Massey March 1, 2012 Veranda, a Greenwich Village restaurant and lounge that underpaid 25 workers and fired two employees who questioned pay practices, agreed to fork over $200,000 to settle an investigation by the state attorney general's office. The settlement, announced Thursday by Attorney General Eric Schneiderman, includes $50,000 in restitution for damages, lost wages and penalties for illegally terminating the two workers. His office said $20,000 of the amount was made possible by a wage-theft prevention law that took effect in April. By scaring employees into silence, employer retaliation undermines basic labor law protections, Mr. Schneiderman said. Now Veranda will be held accountable for violating the laws that protect our state's most vulnerable workers. The Wage Theft Prevention Act created remedies for workers who experience retaliation, including liquidated damages of up to $10,000 per incident. Some business groups have complained that the act places burdens on companies that follow the law. The Veranda case is the first large-scale recovery of liquidated damages that the attorney general's office has achieved using the act. This is an instance where the Wage Theft Prevention Act provided new remedies that really helped us protect workers, said Terri Gerstein, chief of the attorney general's labor bureau. Mr. Schneiderman's investigation revealed that Veranda failed to pay many employees the minimum wage of $7.25 per hour and time-and-a-half for overtime and that the restaurant illegally distributed tips to the manager. It also found that Veranda fired two employees shortly after they sought help from community group Make the Road New York about the company shortchanging them. Veranda tried to cover its tracks by firing the workers who had the courage to complain, said Deborah Axt, co-executive director of Make the Road. This is exactly the kind of lawbreaking that Make the Road was working to combat when we helped to pass the Wage Theft Prevention Act. The settlement bars Veranda, located at 130 Seventh Ave., from retaliating against employees who cooperated with the investigation or employees who won back wages. Mr. Schneiderman's office will monitor Veranda's employment practices for the next two years. George Pauta, an attorney for Veranda, declined to comment on the settlement. The restaurant's website says Veranda was created by partners from the eastern Mediterranean and features traditional Greek and Egyptian dishes with a modern twist.

14 Rep. Nydia Velázquez and Councilwoman Diana Reyna throw support behind paid sick days bill New voices boost pressure on Speaker Christine Quinn to back Council measure By Albor Ruiz March 28, 2012 The campaign to give New York workers the right to paid sick days got a big boost this week when two important voices publicly endorsed the idea for the first time. Rep. Nydia Velázquez (D-Brooklyn), the ranking member on the Congressional Small Business Committee, and City Councilwoman Diana Reyna (D- Bushwick), head of the Council s Committee on Small Business, declared their support for a paid sick days bill during a Sunday rally on the steps of City Hall. Both have been strong advocates for small businesses and their support for a paid sick days bill increases pressure on Council Speaker Christine Quinn to do the same. Despite having enough votes to pass Speaker Quinn, who has mayoral aspirations, has not allowed the bill, introduced by Councilwoman Gale Brewer (D- Manhattan), to be voted on.... in the economic environment we are in, small businesses are hanging on by a thread in many cases. And I think, although this goal is laudable, it s not one that I can support, Quinn said in an last month. Her position has not changed. But many business owners disagree. I treat my employees right by providing paid sick days. My employees trust and respect me for it. The benefit of having loyal and hardworking employees I can rely on far outweighs the cost of a few paid sick days, said Esmeralda Valencia, owner of Esmeralda s Restaurant in Bushwick, Brooklyn. We re standing in support of paid sick days with local businesses like Esmeralda s that do the right thing for their workers and for the economy, Velázquez said. If Esmeralda s can do right by their workers, McDonalds and Target should, as well. Amalia Cisneros, who owns Centro Naturista Amalia, in Elmhurst, Queens, believes workers should not be penalized by depriving them of wages or, worse, by being fired, when they get sick. Paid sick days should be a right not only because it is the right thing to do, but also because it makes business sense, she said. Customers don t want to be taken care of by sick people. Support for the bill has grown among small business owners after the announcement of several amendments crafted in consultation with them, said Javier Valdés, deputy director of of Make the Road New York and a member of NYC Paid Sick Days Campaign, the group that organized the City Hall rally. We have been talking to small business owners to make sure the bill will not harm anybody, Valdés said. Councilwoman Reyna is comfortable with it now. Some of the amendments include: - A one-year grace period for new businesses before they are required to provide paid sick days. - An exemption for mom and pop shops with five or fewer employees that only requires them to provide unpaid leave that protects the jobs of employees. - Reduced bookkeeping requirements and the creation of new on-line resources for business owners. With these amendments, everyone can get behind this paid sick days bill. New York City s small business owners know that it s not only our families and communities that suffer when workers don t have paid sick days, our businesses and our economy suffer as well, Reyna said. I look forward to continuing this conversation as a voice for small businesses across the city. It s time to pass the paid sick days bill. With more and more business owners in favor of paid sick days, now it is up to Quinn to do the right thing for working New Yorkers.

15 Business owners, lawmakers champion bill for paid sick days But some business groups say it puts unfair burden on bottom line By Joe Parziale March 13, 2012 Local small business owners and lawmakers [led by Make the Road New York] rallied in Elmhurst on Tuesday in support of a City Council bill that would require businesses to provide workers with paid sick days. Advocates argue it would have long-term economic benefits in addition to granting workers what they consider basic labor rights. When we protect the wages and job stability of workers, we also protect our consumers ability to buy, said Freddy Castiblanco, owner of Terraza 7 Train Cafe, where the rally took place. Some workers contend that employers who don t offer paid sick days often make them choose between their health and their jobs. Rocio Loyola, a Mexican immigrant who has worked in restaurants since arriving in Queens eight months ago, said she put her job on the line when she took time off in the fall with a cold. My boss told me that if I didn t show up, I would be replaced, Loyola said through a translator. This is the story of so many employees. The main goal of the Paid Sick Days Act, according to Councilwoman Gail Brewer (D- Manhattan), chief sponsor of the bill, would be to deter employers from making those kinds of threats. That kind of fear, that kind of unhealthy aspect should not exist in this city, Brewer said. Councilwoman Julissa Ferreras (D-East Elmhurst) said the initiative was especially important for her district because there are so many small businesses there. The proposed legislation would require businesses with more than 20 employees to give nine days of Supporters of paid sick leave legislation rallied on Tuesday in front of Terraza 7 Train Cafe in Elmhurst, Queens paid sick leave a year and five days for employers with fewer than 20 workers. Opponents say that would stunt hiring and place an unfair burden on businesses. Other morally imperative benefits, such as unemployment and health insurance, require some cost-share mechanism, said Jack Friedman of the Queens Chamber of Commerce. This would be the first government-mandated benefit that would place all cost on the backs of small businesses, Friedman said. It s going to hurt the same people it purports to help. But Lenin Juca, owner of Oxium Copy and Print in Jackson Heights, said the chamber does not speak for him. Healthy employees are productive employees who will work with me to grow my business, Juca said. Donna Dolan of the New York State Paid Leave Coalition, which has been pushing the legislation since 2009, noted that 62% of employers in the city have five or fewer workers, and they would be required to give sick days but without pay.

16 A million workers lacking paid sick days is a growing shame of the city Council bill would end choosing between staying home and being fired By Albor Ruiz February 5, 2012 It is Dickensian, said Nancy Rankin, the author of Still Sick in the City, a just released Community Service Society report on the lack of paid sick days among working New Yorkers. More than a million city workers don t get paid if they call in sick, the report found. Even worse, they can be fired. That s what happened to Guillermo Barrero, a 38- year-old Mexican immigrant and father of two. After working as a cook seven days a week for seven years at the same Brooklyn coffee shop, he became sick at work and had to be rushed to the hospital by his wife. His boss, la señora, as he calls her, became so angry that she summarily fired him. You don t care about your job if you leave now, don t come back, Barrero says the woman told him. Pale, feverish and trembling, Barrero left work and spent three days in the hospital. Barrero s story is not new, it actually happened in 2009, but to the city s great shame three years later, the number of people who cannot afford to get sick in New York is even greater. Nearly 64% of low-income workers lacked paid sick time in For Hispanics that number jumped to 76%. The risks to the financial security and health of workers, their families and the wider public are potentially devastating. Many of these employees work in food service and are public school parents. When they or their children get sick they need to stay at home. But without paid sick days that would mean losing income or, like Barrero, losing their jobs. For people in the lower rungs of the salary scale it is a difficult proposition. Yet, if the City Council passes the Paid Sick Days bill introduced by Councilwoman Gale Brewer (D- Manhattan) in 2009 and in 2010, and amended last month, workers would benefit and the health risks for New Yorkers would be greatly diminished. The legislation is supported by most New Yorkers and already has 35 sponsors, enough to override the veto Bloomberg has threatened. The mayor is so worried about health that he is grading restaurants A,B and C, Rankin said. But he forgets about the health of the workers and the risk to public health they represent when forced to go to work sick. The bill would require employers to provide a modest amount of paid sick time, and in its latest version, mom-and-pop stores (those with five employees or less) would only have to give workers five days sick leave per year without pay and could not be fire them. The chambers of commerce oppose the legislation, arguing that it would place too much of a financial burden on small businesses. We have been getting positive support from women and minority based groups, doctors, nurses, etc. who realize the public health risks of not passing this legislation, Brewer said. Yet, despite its urgency and its overwhelming support, Council Speaker Christine Quinn has not allowed the bill to be voted on. She has mayoral aspirations and has allied herself with the big businesses...in the economic environment we are in, small businesses are hanging on by a thread in many cases. And I think, although this goal is laudable, it s not one that I can support, her office ed us. But many small business people think otherwise. The benefits of this bill are much greater than its costs, said Noel Minaya [member of Make the Road NY], who owns New Heights Supply, a hardware store in Manhattan. If you treat employees as human beings, they are more loyal, Minaya said. Besides, customers don t want to see sick employees. San Francisco has had a law like this for several years and it has worked fine. New York should follow its example. As Barrero said,: It is unfair, no one wants to get sick. This is the 21st century; people should not be treated like this.

17 The Right to be Sick Editorial January 19, 2012 Three out of four low income Hispanic workers cannot take a day off to take care of themselves or their children without fear of losing their job, according to an upcoming report by the Community Service Society. The New York City Council must remedy this problem. A bill [supported by Make the Road NY] reintroduced yesterday in the Council would give these workers some relief by demanding their employers provide paid sick days a basic right every worker should have. The new proposal which comes after a failed attempt in addresses concerns about the economic impact the new requirement would have on small and new businesses. The modified bill exempts companies with less than five workers, and gives a one year grace period to newly established companies. It would, however, protect all employees from getting fired for taking a sick day. Because it impacts New Yorkers from every corner about 1.5 million workers, most of them Latino and women with children- the bill is likely to receive enough support from council members, but it does not have the backing of the City Council Speaker Christine Quinn, which is necessary to bring the bill to a vote. Quinn has reportedly opposed the bill on economic grounds. She says it will cost too many jobs. But evidence from San Francisco where a similar bill has been into effect since 2007 without fiscal damage- suggests that most businesses are perfectly capable to absorb this cost. The state of Connecticut, the city of Seattle, and Washington, D.C., have recently enacted similar ordinances. Workers who cannot take a day off sick are more likely to delay preventive care and resort to visiting emergency rooms, which places a tremendous burden on taxpayers and could put public health at risk. On the other hand, empirical research, including compelling data by the Institute for Women's Policy Research, shows that the estimated cost of adopting a paid sick leave requirement is marginal and could lead to overall savings as workers would address ailments on a more timely basis. Throughout the years, El Diario La Prensa has documented cases of Latinos who have been abruptly fired for taking a non-paid sick day, even after working for years for the same employer. It is time to establish fair rules in the city's workplace. We strongly urge Speaker Quinn to bring this measure to a passing vote.

18 New York Dream Act Proponents Increase Pressure On Governor Cuomo To Provide Budget Support By David Ramirez March 31, 2012 Proponents of the New York State Dream Act have until April 1 to convince Gov. Andrew Cuomo to include the bill in the 2013 budget. If they fail, it's not for lack of trying. On Thursday, hundreds of students and activists stationed themselves in front Cuomo's office in the heart of Manhattan to condemn the exclusion of the New York State Dream Act from the fiscal year 2013 budget. The proposed bill would allow undocumented students who meet in-state tuition requirements -- as residents of New York for at least one year and with a high school or equivalent diploma -- to continue their education into the university level. "Cuomo, let us dream," "Our dreams cannot wait," and "Dream Act now," read the signs held up by protesters. The Youth Leadership Council of New York reported that three of its activists, Janet Perez, Sara Martinez and Rosario Quiroz, all of Mexican descent, were arrested by police. "We want the governor to be sensitive to our cause. All we ask is for an opportunity to study and prosper in society," said Raul Macias, a Mexican who plans to study in New York's university system. Rodolfo Diaz, a student and member of the Youth Leadership Council, was among those optimistic that Cuomo will add the Dream Act to the budget. "The governor will, and we expect that is what will happen. It is a law that will benefit everyone," Diaz said. The governor, however, has remained silent on the question of tuition aid for undocumented immigrants, despite statements of support from education institutions such as the State University of New York and City University of New York. Cuomo's office was not immediately available for comment. Angelo Falcon, president of the National Institute for Latino Policy, was optimistic about the governor's response. "It's only a matter of time before Cuomo ultimately supports the Dream Act New York project." "Although some believe that his reluctance to support the Dream Act is because of his presidential ambitions, Cuomo is politically astute and knows the growing importance of the Latino vote on a national scale. Not doing so makes no political sense," Falcon said. Many, however, are more critical of the New York governor and other politicians who have not supported the bill, and among them are the thousands of undocumented students who still hope for the state's version of the Dream Act. "It is morally outrageous that Governor Cuomo did not support the effort to integrate all young New Yorkers into the society at large," said Luis Valenzuela, executive director of the Immigrant Alliance of Long Island, at another demonstration held in Long Island at the headquarters of state Sen. Lee M. Zeldin, a Republican. Zeldin, who represents District 3 of Long Island, has said he does not support the Dream Act because it would come at the expense of those legal immigrants already in the United States. "I do not support expanding eligibility for college scholarships to undocumented immigrants at the expense of immigrants who are lawfully in our country," Zeldin said in an ed statement to The Huffington Post. "Clearly, our country's current immigration system is not working, and I hope the Federal

19 government develops a more effective process. The need to address our nation's illegal immigration problem is critical for the long term success of our republic." The activists protesting at his office said they will continue to fight until funds for the Dream Act are approved in the state. They urged Zeldin not to criminalize undocumented students who, in most cases, arrived in the U.S. as children and did not have another alternative. "This is an opportunity for the legislators to demonstrate their leadership and begin to change these unjust dynamics. We young people have the potential and intelligence to make the economy of Long Island improve and grow, as well as our country," said Natalia Aristizabal of Make the Road New York. As for the country as a whole, proponents are working to make New York the fourth state after Texas, New Mexico and California -- to adopt a statewide version of the Dream Act. "While other politicians do the right thing despite knowing full well that they will be attacked by restrictionists, the governor, with the exclusion of the Dream Act in the budget, once again deceives 99 percent of those who put him in office," the Immigrant Alliance's Valenzuela said. Maryann Sinclair Slutsky, executive director of Long Island Wins, an advocacy group that touts immigration solutions that work for a wide group of people, said, "At a time when the state of New York needs to maximize the economic contributions of its youth, Governor Cuomo made the wrong decision to not include funds for the Dream Act New York in its budget." But Sinclair Slutsky was confident the governor would reconsider his decision the next time around, although she insisted that none of the nine Long Island senators supported the project. "Sen. Lee M. Zeldin, in particular, whose district is a quarter Hispanic, should by common sense support the Dream Act for the prosperity of Long Island and the future of the state of New York," Sinclair Slutsky said. New York City Mayor Michael Bloomberg has been more vocal than Cuomo on the issue. On Tuesday he reiterated his support of the Dream Act and, by extension, his approval of comprehensive immigration reform. "We are committing national suicide and there is absolutely no reason for it. If we want to boost the economy, the minimum we need to do is pass the Dream Act," Bloomberg said. Bronx Borough President Ruben Diaz Jr., also asked for the governor's support in an op-ed published in the Spanish language daily El Diario/La Prensa last Friday which was republished in English by The Huffington Post. "At least half a million immigrants, many of whom are among the undocumented, live in the Bronx. It's crucial for our state to take the initiative of helping our undocumented youth," Diaz said. Andrea Alarcon, an undocumented Ecuadorian immigrant who studies at the University of Albany, stressed the importance of the Dream Act for education. "My grandparents always said that education cannot be denied to young people, but now we see that 'the champion of education,' as the governor calls himself, is robbing me of the opportunity; that's what he's doing," Alarcon said. The New York Public Interest Research Group called for sending thousands of letters asking the governor for some sensitivity toward the Dream Act cause. "We urge the authorities to reverse the trend of increasing the cost of education on the backs of students," said Kathleen Jordan, board president of the NYPIRG. According to the City University of New York, the state' s public university system, about 146,000 young, undocumented people who have been educated in public schools in the city could be eligible to receive financial assistance under the Dream Act of New York, if enacted. About 4,500 undocumented students graduate from high schools in the city each year, of which only 5 percent earn a college degree due to financial constraints, according to CUNY. Said Alarcon, "The Dream Act can't wait."

20 City kids lobby Albany lawmakers to pass state Dream Act By Erica Pearson February 14, 2012 Hoping to put a face on the plight of undocumented college students, dozens of immigrant high school kids from the city went to Albany on Tuesday to lobby lawmakers. The teens from Brooklyn and Queens are pressuring the pols to pass legislation that would help young people without papers get their sheepskin. "I'm going to tell them that people like me, we want to succeed, we want to go to college," said Katherine Tabares, 16, a senior at International High School. She left Colombia for Corona, Queens, two years ago and overstayed a tourist visa after her mother decided to remain in the city. She s racked up 21 college-level credits and wants to become an environmental engineer but won t get state aid for higher education because she doesn t have a green card. Sen. Bill Perkins (D-Harlem) and Assemblyman Guillermo Linares (D-Washington Heights) have introduced a bill called the New York State Dream Act that would open the state Tuition Assistance Program to all students, regardless of immigration status. Another bill, introduced by Assemblyman Francisco Moya, would set up a fundraising commission to provide private scholarships to all children of immigrants. The measures face an uphill battle in the Republican-controlled state Senate. Linares and Moya met the students when they arrived in the capital Tuesday morning, and there were more than a dozen meetings throughout the day. "They need to hear it from you," said Moya (D- Corona). "Today, if you really want to make history, now's the time." City high school students lobbied Albany lawmakers to pass legislation that would help undocumented students afford college. Many of the high schoolers said they would be directly affected by the measures. "I have to hope they're going to pass it," said Antonio Alarcon [member of Make the Road NY], 17, an undocumented Mexican senior who plans to go to Queens College next year. Last month, his parents returned to Mexico because his little brother was left alone in Veracruz after his grandmother's death. He's staying with his aunt and uncle in Jackson Heights. "I want to stay here, here's my future," he said. "I have to work and study at the same time but it's going to be really hard." The non-profit Make the Road organized the lobbying trip with several city high schools. Organizer Natalia Aristizabal called it a "learning experience to fight for your rights." Mayor Bloomberg, City Council Speaker Christine Quinn and the Board of Regents back the state Dream Act proposed after a federal version died in the U.S. Senate. But critics, including Assemblyman Dan Burling (R-Warsaw), say the bills wrongly reward people who break the law to come into the country.

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