Testimony before the Committee on Housing and Workforce Development

of the Council of the District of Columbia

Darya Mattes

1754 Kilbourne Pl NW

Washington, DC 20010

Ward 1

March 19, 2009

My name is Darya Mattes, and I am testifying today as a member of Jews United for Justice, often known as JUFJ. JUFJ's mission is to organize a visible Jewish presence and take action in local campaigns for social and economic justice in greater Washington, D.C. We represent several hundred members and have, through our programming, engaged thousands of Jews throughout the metropolitan area.  For the past year, as a member organization of the Coalition for a Worker Center in DC and of Intefaith Worker Justice of Greater Washington, Jews United for Justice members have become increasingly aware of the unique challenges facing day laborers. We, as DC-area residents, feel strongly that our neighbors and fellow residents be granted the dignity of appropriate payment for the work that they do, and that is why I am here today, representing JUFJ on the issue of day laborers and unpaid wages.

Because their work is informal by nature, day laborers are subject to many labor rights violations, including often not being paid the full amount they are owed, or even being paid at all. Instances of wage and hour violations against day laborers in DC are common, and have been documented by the Washington Lawyers' Committee for Civil Rights and Urban Affairs, which has studied labor issues of immigrant day laborers and homeless day laborers.  A report they released several months ago indicates that fully sixty-two percent of day laborers report not receiving payment for work they performed. Thus we feel it is essential that the Office of Wage and Hour be attentive and responsive to the needs of this population.

We join the Washington DC Workers' Union, a day labor organization, and the Washington Lawyers' Committee for Civil Rights and Urban Affairs in making four recommendations to the Office of Wage-Hour:

First, that the office improve investigations into unpaid wage cases by using alternate forms of identification - such as phone numbers and information on checks - when workers cannot provide a street address for their employer, and by contacting clients of the employer and other witnesses for evidence. Because day laborers often have such fleeting relationships with their employers, they may never know the employer's street address. Clients of the employer or other witnesses, on the other hand, may have that or other useful information about employers who shirk their responsibilities towards employees.

Second, that the Office of Wage and Hour keep in better communication with workers regarding their cases by notifying workers of progress, or lack of progress, of a case. 

Thirdly, that the Office of Wage-Hour improve access to their services for individuals whose first language is not English, and who may not have government-issued forms identification.  Many day laborers are recent immigrants to the U.S., but, commendably, the DC government has repeatedly asserted that this should not be a barrier to receiving full protection under District laws. In order for our city's ostensibly inclusive policies to be meaningful, it is essential that the Office of Wage-Hour's policies can accommodate the realities of immigrants' lives in DC.

And finally, that the Office of Wage-Hour pursue penalties against employers found guilty of wage and hour violations, which will discourage these employers from engaging in future violations. If employers know that there are no enforced repercussions, it seems likely that they may continue to underpay their workers, particularly in these tight economic times.

At Jews United for Justice, we often highlight a verse from the book of Deuteronomy that states: "You shall not abuse a needy and destitute laborer, whether a fellow countryman or a stranger in one of the communities of your land.  You must pay him his wages on the same day, before the sun sets, for he is needy and urgently depends on it; else he will cry to the Lord against you and you will incur guilt." This passage is striking in how directly relevant it is to the current challenges facing day laborers in our city. In fact, in one quote from the recent report by the Washington Lawyer's Committee for Civil Rights and Urban Affairs, a day laborer makes an almost identical statement. He says: "My money was taken from me, but I just say my prayers and hope that eventually they get caught."

In both cases, contingent workers are wronged when their employers fail to pay them, and both workers seem to feel that their only option to right this injustice is divine intervention - saying prayers or calling out to God. Those of us who support day laborers in our community would prefer that these workers have somewhere a bit more earthly to turn to with their grievances. We encourage the Office of Wage-Hour to support day laborers in their right to claim wages that have been wrongfully denied to them.

Thank you.