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National Wage and Hour Clearinghouse

Protecting Workers' Rights: Editorial by Candidate for New York City District Attorney

Thursday, August 20, 2009

Yu Guan Ke worked more than 10 years as a delivery man on for an Upper West Side restaurant, where he was paid $120 a week for 75 hour weeks. Despite repeated protests, the restaurant owners refused to pay the minimum wage to Mr. Ke and dozens of workers - almost all of them immigrants - until a civil lawsuit forced them to do so.

In investigating the Yu Guan Ke case, a federal court found that multiple restaurants through Manhattan had failed to pay the minimum wage to their employees and engaged in a campaign to intimidate them and prevent them from filing a lawsuit.

We need to do more to protect hardworking New Yorkers like Mr. Ke. New York State has strong and progressive wage protection laws on the books, but too many workers go unprotected because those laws aren't enforced aggressively enough.

To add insult to injury, some employers who shortchange their employees on wages also fail to make contributions to the Unemployment Insurance Fund and the Workers' Compensation program. All of this hurts not only the worker, who suffers lost wages and benefits, but also the many scrupulous employers who comply with the law, and then suffer an unfair competitive disadvantage.

State minimum wage, prevailing wage, unemployment insurance and workers compensation laws are all designed to protect the rights of hard working New Yorkers and to protect those employers who do the right thing.

As the next Manhattan District Attorney, I will use the force of the criminal law to protect workers' rights. I will designate a senior member of my team to lead an effort across bureaus to develop wage theft and related cases. Working with the Attorney General, Department of Labor, and the advocacy community, we will identify and prosecute "impact" wage law violation cases criminally, not only to punish or deter bad actors, but also to encourage the good ones to keep doing the right thing.
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