On May 1, after having worked for eight years for the construction company Ceprine Construction Inc., located in Astoria, Queens, Jackson Torres was hit with a bucket of cold water. When he arrived to work, as usual, as a dispatch manager, they were waiting for him with his last paycheck and notified him that he was fired. The Ecuadorian, who had been protesting for weeks against low wages, demanding, among other things, that overtime be paid according to law, as time and a half, felt used and mistreated, and reported his employers to the State Department of Labor for having stolen about $1,400 a month from him and for having fired him in retaliation for demanding his rights.
And this Wednesday, along with dozens of workers from other companies also accused of wage theft, the 45-year-old joined a caravan of sit-ins promoted by the Workers’ Justice Project to demand an end to illegal payment practices. They are also asking for faster investigations into reported cases, while urging all workers who suffer abuses in their jobs to speak out and report them.
“What we are asking for is that they stop robbing us. If one works it is out of necessity, and the least employers can do is give us fair treatment and pay, not abuse or discrimination. We have families to support,” Torres said in front of her former employer. “I worked 50 hours a week, plus 8 hours on Saturdays, and they always paid me for all the hours at normal time, without extra pay, nor did they pay me for vacations or sick days. In addition, I suffered discrimination and ridicule for not speaking English well. That is why I am reporting, so that they stop the abuse and so that others stop being afraid and demand their rights.”
Maria Rosario, another of the workers who filed the complaint and who works for the KEP firm on the Upper West Side in Manhattan, said that the caravan against bad employers is a call to any worker facing exploitation to understand that they are not alone.
“Your coworkers are here to support you in the fight for justice. This is a call to employers to let them know that migrant workers in New York City know our rights and we will not stop fighting for them until justice is done, no matter where we are from or when we arrive,” the worker said. “And it is a call to the New York State Department of Labor to say that we need justice and relief now: it is time for our cases to be heard.”
Ligia Gualpa, director of the Workers’ Justice Project, said that there are many corporations and companies that “continue to steal” from vulnerable workers, so in the midst of the Road to Justice campaign, she urged authorities to intensify their investigations and penalties, and asked that neither the City nor the State award contracts to firms that steal wages from employees.
The initiative will promote several demonstrations throughout the summer to demand justice for victims of labor exploitation and generate solidarity among migrants from all industries.
“Not one more theft. Unscrupulous employers need to put an end to this practice that takes more than $1 billion from workers every year. That is why we decided to hold these demonstrations denouncing six employers, who collectively have stolen more than $100,000 from workers, mainly immigrants, whose cases are before the Department of Labor,” said the activist.
Gualpa also asked the State of New York to increase its investment in resources to the Department of Labor to ensure that the agency can respond more quickly to the cases it receives and can hold bad employers accountable. She also reminded that undocumented immigrants who are victims of wage theft can request letters of interest from the labor agency to obtain immigration protection called deferred action, which allows them to remain in the country without being deported and to obtain a work permit while the case is being investigated.
“We need to continue educating our workers about their rights and remind them that regardless of their immigration status, they have the right to report and fight for their stolen wages. They cannot remain silent. They can even obtain benefits and protections against deportation,” added the workers’ advocate.
The sit-in caravan, which began in Manhattan and continued through Brooklyn and Queens, included employers Kep Construction LLC, G&B Construction NY Corp, Ceprine Construction Inc., Francisco Giron Construction LLC and SK Group Construction, who are being held accountable for unpaid wages.
The NY Daily contacted the companies accused but they did not comment on the workers’ claims.
Protesters said the majority of workers owed wages are recently arrived migrant women, predominantly from Guatemala, Mexico and Ecuador. Nearly half worked on construction sites in Brooklyn, with the rest on jobs in Queens, Manhattan and the Bronx.
They also mentioned that of the wage theft cases filed with the New York State Department of Labor (NYSDOL) related to the companies mentioned, so far the agency has not responded to any.
Latina Councilwoman Amanda Farías joined the Labor Justice Project’s “Path to Justice” campaign and said it’s urgent not only to return wages stolen from immigrant workers, but to end the practice.
“Many of the affected workers are women. I stand with our workers and unions across New York in the fight against wage theft, resolutely holding unscrupulous employers accountable,” the city legislator said. “Together, we will ensure that every worker is treated with the dignity and respect they deserve.”
Lowell Barton, vice president and organizing director of Laborers’ Local 1010, LIUNA, which supports the protest, urged all groups to pull together and respect the wage rights of all workers in New York.
“Local 1010 and our members stand united in solidarity with immigrant workers facing wage theft at the hands of unscrupulous contractors. Everyone should agree on fair pay for honest work. Together, we demand justice and dignity for all workers,” said the union leader.
Oona Adams, organizing director for Laborers Local 79, also spoke out against labor exploitation and called for respect for those who earn a decent living in the Big Apple and across the state.
“We are joining the Workers’ Justice Project to demand fair wages and prompt payment for the workers building this city,” Adams said.
State Senator Nathalia Fernandez warned that the economic vitality of New York City is based on the work of immigrant workers, and denounced the grave injustice that many of them suffer when they are denied the wages they deserve.
“Wage theft is not just a financial issue; it is a violation of basic human rights. This caravan shines a light on exploitative practices that must be eradicated,” said the Latina leader. “I stand with the Labor Justice Project and all workers demanding fair treatment and compensation. We must ensure that every worker is paid what they are owed and treated with the dignity and respect they deserve.”
Ombudsman Jumaane Williams has backed the sit-in caravan against bad employers and said the fight must continue to ensure workers’ basic rights are respected, their contributions are recognised and protections against labour exploitation are guaranteed.
“This campaign is proof that there is still work to be done to protect the rights of migrant workers. This call to action serves as a reminder to employers in and out of the construction industry that migrant workers are more than just their jobs, they are essential to the functioning of our city,” said Williams.
Companies accused of wage theft
- Kep Construction LLC
- G&B Construction NY Corp
- Ceprine Construction Inc.
- Francisco Giron Construction LLC
- SK Group Construction
- Franklin Mauricio Chuquiguanga
Where to report wage theft
- Contact the NY State Department of Labor at 888-469-7365
- You can also call 212-775-3880
- You can obtain information about your claim online at https://www.labor.ny.gov/home/
- You can call 311 and request information about community organizations that help affected workers.
- $2 billion in wage theft suffered by New York workers each year
- Up to 6 years back is the maximum period in which wage theft can be claimed, but the more time passes, the more difficult it is to recover them.