Wage theft lawsuit concludes in win for New Mexico workers

 

Judge approves final class action settlement agreement in lawsuit brought by low-wage workers against the Department of Workforce Solutions for failing to enforce New Mexico’s wage payment laws

SANTA FE – Today, after hearing public testimony, First Judicial District Court Judge David K. Thomson approved a class action settlement agreement between workers and workers’ rights organizations and the Department of Workforce Solutions (DWS) that ensures state government will carry out its duty to enforce New Mexico’s strong anti-wage theft laws and hold employers accountable when they violate these laws.

“This is a victory for low-wage workers and proof that when we come together, we can hold powerful institutions accountable,” said Jose “Pancho” Olivas, a member of Somos Gallup, Somos Un Pueblo Unido’s membership team in McKinley County and lead plaintiff in the complaint. “For too long wage thieves were let off the hook. Because of this settlement, DWS will not only enforce our 2009 anti-wage theft law but will do more to ensure workers have a fair shot at recouping their stolen wages.”

The class action settlement agreement is a win for New Mexico workers and is the result of years of work by the workers and workers’ rights organizations who advocated for passage of a 2009 law imposing stronger anti-wage theft protections and who filed a 2017 lawsuit to require DWS to enforce those protections.

“We all deserve to be treated fairly by our employers and paid for every hour that we work,” said Elizabeth Wagoner of the New Mexico Center on Law and Poverty, lead counsel for the plaintiffs. “DWS diligently worked with us on this settlement agreement to make sure that hardworking people who experience violations of New Mexico’s wage payment laws can access their legal right to an investigation of their claims and recover wages owed.”

“In 2009, low-wage workers came together to strengthen protections against wage theft in New Mexico,” said Gabriela Ibañez Guzmán, staff attorney with Somos Un Pueblo Unido’s Worker Center and co-counsel in the lawsuit. “This legislation passed both chambers with a wide margin because wage theft hurts everyone, workers, law-abiding businesses and local economies.  But our laws are only as good as the appropriate government agencies are willing to enforce them. This settlement sends a message that enforcement should be a priority.”

Now that the court has issued final approval of the settlement agreement, DWS will begin accepting requests from workers to re-investigate wage claims that DWS did not initially accept or correctly investigate. This includes workers who experienced the following problems:

  • DWS rejected or returned the claim form without investigating the claim;
  • DWS rejected, closed, or incompletely investigated the wage claim because of an unlawful $10,000 cap or one-year time limit;
  • DWS made a decision in favor of the employer for an improper jurisdictional reason;
  • DWS closed the wage claim after the employee or employer missed a deadline or hearing.

“When my sister and I went to the Department of Workforce Solutions to file our wage claims, we experienced problems communicating with the people in this office because they did not provide translation services,” said Sabina Armendariz, a low-wage immigrant worker, single mother, and member of El CENTRO de Igualdad y Derechos. “Now, all Spanish speakers will receive equal access to DWS services. This settlement agreement is an example of what can happen when low-wage workers organize to confront labor abuses and work to hold accountable the very government institutions entrusted with enforcing the laws. We encourage other workers to come forward and present their cases.”

Several workers plan on filing their wage theft complaints with DWS after the hearing.

“I look forward to filing my wage theft complaint along with three of my co-workers,” said Yesenia Sanchez, mother of three children and a member Somos Un Pueblo Unido’s United Worker Center. “I am happy to know that our complaints will be taken seriously and not be turned away.”

Beginning on March 16, DWS will also take several steps to notify workers about their rights, including running radio ads in English and Spanish, providing information about the wage claim process on the homepage of the DWS website, mailing notice to the class with instructions about the right to request a re-investigation, and posting notices in all DWS offices statewide.

The case, Olivas v. Bussey, was filed in January 2017 by four victims of wage theft and workers’ rights organizations El CENTRO de Igualdad y Derechos, New Mexico Comunidades en Acción y de Fé (CAFÉ), Organizers in the Land of Enchantment (OLÉ), and Somos Un Pueblo Unido. The plaintiffs claimed that DWS had failed to investigate and resolve wage claims concerning violations of New Mexico’s wage payment laws.

Plaintiff workers and organizations and DWS filed a joint motion on December 20, 2017 in the First Judicial District Court asking Judge Thomson to approve the class action settlement agreement.

“Language barriers should not be a reason why New Mexican workers suffer from wage theft. People with limited English language access should be kept fully informed by state government agencies such as DWS and should not have additional limitations when filing or pursuing wage theft claims. Our message is loud and clear; we will not rest until we end wage theft and labor abuses in New Mexico,” said Javier Castillo Chavez, a low-wage immigrant worker and member of El Centro who’s wage claim case was successful thanks to the new DWS regulations put in place because of the class action settlement agreement.

In addition to re-investigating prior wage claims and notifying workers of their rights, DWS has also implemented the following policies to end the practices challenged in the lawsuit:

  • LRD investigates all wage claims, regardless of their dollar value;
  • LRD takes enforcement action on wage claims going back three years, or longer if the violation is part of a continuing course of conduct;
  • Employers who fail to pay minimum or overtime wages must pay damages to wage claimants, calculated at three times the value of the unpaid wages;
  • LRD no longer closes wage claims for impermissible procedural reasons; and
  • LRD provides language access services to all wage claimants who need it by requesting each claimant’s language preference on the claim form, providing interpretation in each telephonic and in-person interaction, translating all form letters and claim forms into Spanish, allowing claimants to fill out claim forms in any language, and offering an interpreter to anyone who telephones the agency.

In addition, LRD has revamped its policies and procedures so that the agency is in compliance with the New Mexico wage laws. This includes the adoption of a publicly-available investigations manual that lays out how LRD enforces the law, which LRD and attorneys for the plaintiffs are writing together. Attorneys for the plaintiffs will also review worker case files to identify wage claims that LRD may consider for workplace-wide enforcement action.

People who experienced a problem with a wage claim at DWS should request a re-investigation or contact:

The notice of rights, claim form, and instructions for requesting a re-investigation will be available in a link from the DWS website homepage on or before March 16.

Elizabeth Wagoner of the New Mexico Center on Law and Poverty is lead counsel on a legal team that includes the Center’s Gail Evans, Stephanie Welch, and Juan Martinez, Santa Fe attorney Daniel Yohalem, and Gabriela Ibañez Guzmán of Somos Un Pueblo Unido.

 

Settlement in lawsuit against DWS ensures enforcement of New Mexico wage payment laws

Agreement is a victory for wage theft victims

SANTA FE, NM – Today, workers and workers’ rights organizations announced a settlement agreement with the Department of Workforce Solutions that ensures state government will carry out its duty to enforce New Mexico’s strong anti-wage theft laws and hold employers accountable when they violate these laws. The workers and DWS filed a joint motion Tuesday evening in the First Judicial District Court asking Judge Thomson to approve the class action settlement agreement.

The class action settlement agreement is a win for New Mexico workers and is the result of years of work by the workers and workers’ rights organizations who advocated for passage of a 2009 law imposing stronger anti-wage theft protections, and who filed a 2017 lawsuit to require DWS to enforce those protections. The case, Olivas v. Bussey, was filed in January 2017 by four victims of wage theft and workers’ rights organizations El CENTRO de Igualdad y Derechos, New Mexico Comunidades en Acción y de Fé (CAFÉ), Organizers in the Land of Enchantment (OLÉ), and Somos Un Pueblo Unido. The plaintiffs claimed that DWS had failed to investigate and resolve wage claims concerning violations of New Mexico’s wage payment laws.

“Workers need state agencies like the Department of Workforce Solutions to level the playing field,” said Jose “Pancho” Olivas, a member of Somos Gallup, Somos Un Pueblo Unido’s affiliate in McKinley County and plaintiff in the complaint. “I am very proud to have joined other workers in this lawsuit to ensure that our government is doing its job and working for the people of our state. Because of this settlement, me and my wife will be able to move forward with our complaints and I know workers in other rural communities like Gallup will too. We work hard for every single dollar and will not hesitate to stand up for what is right when the stakes for our families are so high.”

Low-wage workers – who are particularly vulnerable to being taken advantage of by their employers – are more organized and powerful than ever. The settlement is indicative of their success in fighting the unfair practices of dishonest employers, and exercising their right to hold their government accountable.

“This settlement is a hard-earned victory for New Mexican working families, and now we will pivot to ensure this settlement, and all New Mexico’s labor laws, are being implemented correctly,” said Sabina Armendariz, an immigrant low-wage worker, single mother, and active member of El CENTRO. “We will continue organizing alongside other low-wage workers, and we will keep using everything at our disposal to fight for workers’ rights so that all New Mexicans can provide for their families.”

Under the settlement agreement, many workers whose cases the DWS Labor Relations Division (LRD) rejected for improper reasons in the past will have the right to a re-investigation of their cases. A notice explaining how workers can seek a re-investigation will be available on the Department of Workforce Solutions website once it is approved by Judge Thomson. Workers may also contact any of the plaintiff organizations for help.

“New Mexicans want to provide for their families and build financial security, and deserve to be treated fairly,” said Elizabeth Wagoner of the New Mexico Center on Law and Poverty, lead counsel for the plaintiffs. “DWS leadership worked diligently with us on a settlement that ensures hardworking people who experience violations of New Mexico’s wage payment laws can access their legal right to an investigation of their claims, so that they can recover wages owed.”

LRD has also taken the following steps to end the practices challenged in the lawsuit:

  • LRD will now investigate all wage claims, regardless of their dollar value;
  • LRD will take enforcement action on wage claims going back three years, or longer if the violation is part of a continuing course of conduct;
    Employers who fail to pay minimum or overtime wages must pay damages to wage claimants, calculated at three times the value of the unpaid wages, when a case reaches the administrative enforcement phase and is not resolved in settlement;
  • LRD will no longer close wage claims for impermissible procedural reasons; and
  • LRD will provide language access services to all wage claimants who need it, by requesting each claimant’s language preference on the claim form, providing interpretation in each telephonic and in-person interaction, translating all form letters and claim forms into Spanish, allowing claimants to fill out claim forms in any language, and offering an interpreter to anyone who telephones the agency.

In addition, LRD will revamp its policies and procedures so that the agency is in compliance with the New Mexico wage laws. This includes the adoption of a publicly-available investigations manual that lays out how LRD will enforce the law, which LRD and attorneys for the plaintiffs will write together. Attorneys for the plaintiffs will also review worker case files to identify wage claims that LRD may consider for workplace-wide enforcement action. In addition, the department will inform workers of their rights under the agreement, including how to file an unpaid wage claim, through several means of public notice, including website revisions, radio and social media.

Elizabeth Wagoner of the Center is lead counsel for the plaintiffs on the Olivas v. Bussey legal team that includes the Center’s Gail Evans and Tim Davis, Santa Fe attorney Daniel Yohalem, and Gabriela Ibañez Guzmán of Somos Un Pueblo Unido.

A copy of the submitted settlement agreement can be found here.
Photographs from today’s press conference in Santa Fe can be found here.
A recorded “Facebook Live” video of the press conference can be found here.

The following additional statements are from individual plaintiffs and representatives from plaintiff organizations:

“In 2009, the state legislature passed a law recognizing the harmful impact wage theft has on working families, law-abiding employers, and local economies,” said Marcela Díaz, Executive Director of Somos Un Pueblo Unido. “And when the Legislature passes a law that is supposed to give workers a fair shot at recuperating their stolen wages, we expect state agencies like the Department of Workforce Solutions to do their job. Workers will continue to ensure that this settlement is honored.”

“This is what is possible when workers come together,” said Moises Penagos Ruiz a member of Familia Unidas Por Justicia, a Somos affiliate group in San Juan County, and a class member in the lawsuit. “I believe that our state government should thoroughly investigate wage theft claims, especially if two or more workers come forward from the same workplace claiming they are victims. And now, my case, and those of my co-workers, will move forward. If DWS fulfills its role, we believe that we can eradicate wage theft once and for all.”

Photo credit: El Centro de Igualdad y Derechos

Proposed Albuquerque sick leave bill would benefit few workers

ALBUQUERQUE—A coalition of workers and policy advocates said today that the sick days bill introduced by City Councilors Ken Sanchez and Don Harris would leave thousands of employees unable to earn sick time to care for themselves.

“This bill would still force thousands of working families in Albuquerque to choose between a paycheck and taking earned time off to get well or care for a sick family member,” said Veronica Serrano, a member of the Healthy Workforce coalition. “I couldn’t earn sick leave at my most recent job, and this bill would do nothing to change that because any business with fewer than 50 employees won’t have to offer earned sick time–that’s 90 to 95 percent of all employers in Albuquerque.”

The coalition noted that the proposal also doesn’t cover employees who work fewer than 20 hours. “This bill would actually encourage employers to offer fewer hours to their workers,” said Ms. Serrano. “That’s not healthy for our communities.”

According to the New Mexico Center on Law and Poverty, the law would be the weakest sick leave bill in the country. “No sick time law in the country contains as many loopholes and exclusions as this one, or makes it so difficult to earn and use sick leave,” said Elizabeth Wagoner, an attorney at the Center. “Worse, this proposal completely excludes people who must take care of sick parents, grandchildren, siblings, and other relatives. And the weak enforcement provision sends a message to unscrupulous employers that they can violate this law with no consequences.”

Despite their misgivings about the proposed ordinance, coalition members said they are ready to work on improving it. “We look forward to discussing the needs of our hardworking families with Councilors Sanchez, Harris, and the rest of the Council, so that we can create a sick leave bill that does not divide us between those who can earn sick time and those who cannot,” said Ms. Serrano.

Healthy Workforce ABQ Asks for Emergency Court Order to Prevent City from Using Illegal Ballot

Advocates Say Voters Deserve Fair Election on Earned Sick Days Question

ALBUQUERQUE, NM — Late Thursday, advocates for the passage of an earned sick leave law in the City of Albuquerque filed an emergency motion in Second Judicial District Court to prevent the City Clerk from using an illegal ballot for the October 3 election.

The Albuquerque City Council decided in a July 10 meeting to print the full text of the Healthy Workforce Ordinance (HWO) on the official ballot without a summary, and the City Clerk intends to print it in 7-point font. Healthy Workforce ABQ, OLÉ, and Albuquerque residents ask the court to ensure Albuquerque voters have a fair election by ordering the use of a ballot that they can read and understand.

“The city is attempting to block Albuquerque voters’ right to enact direct legislation,” said Elizabeth Wagoner, an attorney on the case from the New Mexico Center on Law and Poverty. “The city government insists on a ballot that is misleading and confusing. We are asking the court to protect the integrity of the 2017 election.”

The emergency motion argues that because the full text of the Healthy Workforce Ordinance will only fit on the ballot in an illegible and illegally-small font size — approximately 7-point font — the City Clerk should place a legible summary on the ballot and provide a legible, large-text copy of the full ordinance in each voting booth so that voters can read both documents. The city uses the same practice for bond questions.

According to federal voting systems guidelines adopted in Section 1-9-14 of the New Mexico Election Code, election ballots must be printed at a minimum of 8.5-point font or larger to ensure that voters with poor vision can read their ballots.

In their July meeting, the City Council also voted to include an advisory question on the ballot that uses partisan language to advocate against the HWO. The emergency motion argues that this is illegal because the City Charter and the New Mexico Constitution do not permit the Council to use a deceptive workaround to defeat a ballot initiative they do not like. The advocates are also asking the court to order that ballot question to be removed.

The emergency motion can be found here.

City Ordered to Make Public Mock-Up of Illegible Ballot

Employees Say Families Need Fair Election on Earned Sick Days Question

ALBUQUERQUE, NM — On Wednesday afternoon, Judge Alan Malott ordered the City of Albuquerque to hand over the mock 2017 municipal ballot to members of the Healthy Workforce ABQ campaign, which advocates for the passage of an ordinance that would allow all Albuquerque workers to earn sick leave. The judge also ordered the Albuquerque City Clerk to testify at a deposition about how the City will fit all required issues, contests, and questions on the 2017 ballot.

In its lawsuit against the City of Albuquerque, the campaign argues that because the full text of the Healthy Workforce Ordinance will only fit on the ballot in an illegible and illegally-small font size — approximately 6-point font — the City Clerk should place a legible summary on the ballot and provide a legible, large-text copy of the full ordinance in each voting booth so that voters can read both documents.The City’s uses the same practice for bond questions.

“I’m legally blind and have to cast my ballot in a special voting machine that has long lines. Small font on the ballot will mean more people will have to make use of the limited machines that help visually-impaired people read their ballots,” said Jerry C De Baca, veteran and voter.

According to federal voting systems guidelines adopted in Section 1-9-14 of the New Mexico Election Code, election ballots must be printed at a minimum of 8.5 point font or larger to ensure that voters with poor vision can read their ballots. In their demand for a copy of the City’s mock-up ballot, Healthy Workforce argued that it will show that the earned sick days ordinance can only fit on the ballot in in a font size well below 8.5, in violation of law.

“Everyone deserves a fair election. Voters will be frustrated and discouraged from voting because the election ballot will be printed too small for voters to read,” said Diane Goldfarb of the League of Women Voters.

“A lot of voters will see that small font and skip right over it,” said Becca Arana, a member of OLÉ. “A ballot printed too small to read can determine whether hard-working moms and dads get a fair election, or not, on allowing employees to earn sick days.”

Albuquerque City Clerk, Natalie Howard, was also ordered to testify in a deposition about whether she can fit the Healthy Workforce Ordinance on the ballot in legible type alongside all the other issues that voters will decide in 2017, including the mayoral race, city council races, and bond questions.

Judge Malott did not rule on the font size question or issue any final rulings today. The plaintiffs plan to seek a final ruling soon after the City produces all of the information the Court ordered it to produce today, to ensure the people of ABQ will have a chance to vote a ballot they can read in October.

 

 

Judge Rejects Challenge to Albuquerque Minimum Wage Ordinance

District Court Rules against Kelly’s Brewpub in Wage Theft Case

ALBUQUERQUE— On May 30, 2017, Second Judicial District Court Judge Alan Malott rejected a legal challenge to Albuquerque’s Minimum Wage Ordinance, denying a motion to dismiss a minimum wage case, Atyani et al. v. Bonfantine et al., No. D-202-CV-2016-2775, filed by employees of Kelly’s Brewpub against the former owners of the restaurant, Dennis and Janice Bonfantine.

The Bonfantines’ former employees have alleged that Kelly’s illegally required workers to kick back three dollars per hour from their tips after the tipped minimum wage officially increased in Albuquerque from $2.13 per hour to approximately $5.16 per hour. To defend against these claims, the Bonfantines argued that the Albuquerque minimum wage was invalid because it was increased through a voter initiative that put a summary of the wage increase on the 2012 ballot rather than the entire ordinance. Judge Malott rejected this argument, ruling that any challenge to how the 2012 election was conducted should have been made right after the election.

“Thousands of hard-working families can breathe easier now, knowing that the minimum wage in Albuquerque isn’t going to be slashed,” said Bianca Garcia, a plaintiff in the case. “The Bonfantines should be ashamed of themselves, not only for their violations of the minimum wage ordinance, but also for trying to eliminate the Albuquerque minimum wage altogether just to avoid paying back the money they took from us. We thank the court for seeing through this bogus defense.”

Judge Malott also rejected the Bonfantines’ argument that the Albuquerque minimum wage ordinance was invalid because it “logrolled” multiple issues into one question presented to voters. Malott ruled that “logrolling” is not an issue in municipal ballot measures.

“For years, the former owners of Kelly’s took hard-earned money out of their employees’ pockets, violating Albuquerque’s minimum wage ordinance that was overwhelmingly passed by city voters in 2012,” said Elizabeth Wagoner an attorney on the case from the New Mexico Center on Law and Poverty (the Center). “We’re looking forward to moving forward in this case. The Bonfantines’ employees deserve to collect every dollar they worked for and are owed.”

A similar case, Association of Commerce and Industry et al. v. City of Albuquerque et al., No. D-202-CV-2017-02314, filed in April by a group of business organizations, also asks the courts to invalidate the Albuquerque Minimum Wage Ordinance. That case, which is currently pending before Second Judicial District Court Judge Shannon Bacon, raises many of the same arguments that Judge Malott rejected in the May 30 Atyani v. Bonfantine decision.

Atyani v. Bonfantine is set to go to trial in summer 2018. Attorneys on the case are Wagoner and Tim Davis of the Center, and Shane Youtz and James Montalbano of Youtz & Valdez, P.C.

A copy of Judge Malott’s order can be found here.

 

Lawsuit Alleging DWS Fails to Enforce Wage Protection Laws Goes Forward

SANTA FE – Today, New Mexico’s First Judicial Court ruled that a lawsuit charging that Department of Workforce Solutions (DWS) must enforce state laws protecting working people against wage theft from their employers can go forward. Today’s ruling denies DWS’s request to dismiss the lawsuit. The individuals and groups who filed the case will request a final ruling from the court this summer.

Wage theft is the illegal practice of not paying workers for all of their work, including violating minimum wage laws, not paying overtime, and forcing people to work off the clock.

The lawsuit, Olivas v. Bussey, was filed in January 2017 by four workers who were victims of wage theft and workers’ rights organizations El Centro de Igualdad y Derechos, New Mexico Comunidades en Accion y de Fé (CAFÉ), Organizers in the Land of Enchantment (OLÉ), and Somos Un Pueblo Unido. Elizabeth Wagoner of the New Mexico Center on Law and Poverty (the Center) is lead counsel on a legal team that includes the Center’s Gail Evans and Tim Davis, Santa Fe attorney Daniel Yohalem, and Gabriela Ibañez Guzmán of Somos Un Pueblo Unido.

“Our government should be working with us, not against us, to hold unscrupulous employers accountable when wages are stolen and our rights trampled on,” said Ibañez Guzmán. “This administration has long ignored the conditions of struggling workers in New Mexico, but our families are pushing back. It’s important that this case is moving forward so wage theft victims can be heard and the department’s disregard for the law exposed.”

“This ruling reaffirms that every hard working New Mexican – not just those with the money to hire lawyers–deserves to be paid for every hour they work,” said Wagoner. “Our state government cannot turn a blind eye when employers break laws protecting working people.”

New Mexico has some of the strongest wage enforcement laws in the country. In 2009, the legislature made them even stronger. However, DWS illegally refused to enforce these new laws and imposed onerous and arbitrary internal policies that have enabled unscrupulous employers to get away with wage theft unchecked.

“DWS’s failure to enforce New Mexico’s wage and hour laws is one more example of how hard working New Mexicans are getting the short end of the stick in our state—but they are fighting back. This case is too important to dismiss, particularly given the profound impact wage theft has on New Mexican working families. We applaud the ruling and look forward to continuing to expose systemic failures by DWS to enforce New Mexico wage and hour laws, “said Marco Nuñez, workers’ justice coordinator at El CENTRO de Igualdad y Derechos.

A copy of the ruling can be found here.

 Background on the lawsuit:

New Mexico’s state-level protections against wage theft include: (1) Mandatory statutory damages to victims of wage theft, calculated as full back wages, plus interest, plus double damages; (2) At least a three-year statute of limitations, or longer when the violation is part of a “continuing course of conduct”; (3) A minimum wage of $7.50 and overtime pay for hours over 40 at one-and-one-half times the employee’s regular hourly rate; (4) the department must investigate and take legal action on valid and enforceable claims filed by workers who cannot afford private attorneys.

The lawsuit charges that DWS has:

▪       illegally imposed a $10,000 cap on wage theft: they do not investigate or take any enforcement action on wage claims worth $10,000 or more.

▪       imposed an illegal one-year time limit on liability for wage theft: they do not investigate or take any enforcement action on claims for back pay that go back more than one year from the date an employee files a claim, despite the N.M. Legislature’s 2009 decision to lengthen the statute of limitations for wage claims to at least three years.

▪       illegally imposed a policy against holding employers liable for any statutory damages at the administrative enforcement phase of a case, thereby eliminating the financial deterrent for engaging in wage theft, despite the Legislature’s 2009 decision to double the penalty for engaging in wage theft.

▪       adopted policies and procedures that require the permanent closure of wage claims for procedural reasons, such as when a claimant misses a 10-day deadline, without regard to the strength of the claim or whether the claimant received notice of the deadline.

The lawsuit seeks an order that the Department of Workforce Solutions must stop applying these unlawful policies, as well as an order that the Department must re-open and investigate cases impacted by these policies.

The defendants in the lawsuit are the Department of Workforce Solutions, Cabinet Secretary Celina Bussey, and Labor Relations Division Director Jason Dean.

In January, 2017, the First Judicial District Court issued a temporary restraining order requiring the Department of Workforce Solutions to accept wage claims without regard to the Department’s illegal $10,000 cap or illegal one-year lookback period and to keep records of claims impacted by these policies.

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Wage Theft Lawsuit Filed Against NM Department of Workforce Solutions

NMCLP took the fight against wage theft to the courtroom today with a lawsuit against the NM Department of Workforce Solutions.

The lawsuit was filed by four workers who were victims of wage theft and workers’ rights organizations El Centro de Igualdad y Derechos, NM Comunidades en Accion y de Fé (CAFÉ), Organizers in the Land of Enchantment (OLÉ), and Somos Un Pueblo Unido. Elizabeth Wagoner of the New Mexico Center on Law and Poverty (NMCLP) is lead counsel on a legal team that includes NMCLP’s Gail Evans, Tim Davis, Santa Fe attorney Daniel Yohalem and Gabriela Ibañez Guzmán of Somos Un Pueblo Unido.

Read the filed complaint HERE.