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Just Thoughts is the blog of the Empire Justice Center, New York’s statewide, multi-issue, multi-strategy public interest law firm focused on changing the “systems” within which poor and low income families live. Here staff and guest authors will share stories, announcements and perspectives on timely issues related to our work.



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Working for Workers: Hanna S. Cohn Equal Justice Fellow takes on wage theft, bolsters workers' rights


Don and Koo lobbying


Empire Justice Center is excited to welcome the 2015-17 Hanna S. Cohn Equal Justice Fellow Elizabeth Koo to the Workers’ Rights Project. Elizabeth, a community organizer-turned-community lawyer, credits the unjustifiable experiences and stories of our clients with energizing her passion for change.

Prior to earning her J.D. at the City University of New York (CUNY) School of Law, Elizabeth served as a community organizer for the Asian American Legal Defense and Education Fund (AALDEF). During her five years at AALDEF, she was entrusted with personal, painful experiences—of stolen wages, working in extreme and unsafe conditions, and persistent barriers that kept her clients from asserting their legal rights. It’s this institutional injustice that motivated Elizabeth in her work as a Community Organizer for five years, and what inspired her to go to law school to gain more tools and skills, in order to bolster the movement for workers’ rights.

Now at Empire Justice for just over six months, she’s building relationships with local workers’ centers and community organizers. She’s also providing legal support to workers themselves, in order to empower them through litigation, education, and policy change.  And it’s this model—comprehensive legal advocacy and cooperation between organizers, lawyers and individuals—that Elizabeth believes in.

“The legal system can be a source of empowerment if a worker can access it, tell their story, and achieve their goals, but it can also be slow, rigid, and unfair,” she said, noting that together, organizers and attorneys are able to support the client in alternate ways.

In addition to representing low-income individuals in wage theft and discrimination cases and providing know-your-rights workshops and community legal education trainings throughout the Rochester community, Elizabeth is advocating on a statewide level. Namely, she is building coalition strength around the Securing Wages Earned Against Theft (SWEAT) bill (A.5501 [Rosenthal]/ S.2232 [Peralta]), which will provide essential tools to victims of wage theft and help workers collect on court-awarded judgments for stolen wages.

In wage theft cases, exploitative employers hide or transfer their assets to avoid paying wages they stole from their employees.  Even when workers win a court-awarded judgment, they are unlikely to collect the money owed to them.  And when they are unable to collect the wages they earned, the minimum wage and overtime laws are rendered useless.

This proposed legislation would prevent employers from simply refusing to participate in the legal process by defaulting and selling the business or shutting it down, thus effectively insulating themselves from liability.

“Even after a worker stands up for their rights, wins and gets a judgment against their employers, oftentimes they can’t collect the wages that were stolen at the end of the day because the employer has  filed for bankruptcy, transferred their assets, or closed down the business, only to operate a new one,” Elizabeth said.

This legislation will strengthen New York’s law, providing workers with legal tools to ensure payment of their earned wages once they are awarded a judgment. For example, the bill would allow workers to place a lien on the employers’ property if the employer refuses to comply with a court order to pay the  earned wages. Momentum has been growing around the SWEAT bill, as workers’ rights issues come to the fore. And in July of this year, Governor Cuomo created a Statewide Task Force to Combat Worker Exploitation and Abuse.

This is part of why Elizabeth believes it’s an exciting time in Western New York, as there are many people from this area on the Statewide Task Force. “It’s a good moment for us to build on recent attention to these issues and keep workers’ rights on the map.”

Coincidentally, Western New York is one place on the map that this Queens-native never thought she’d be living. That was until she was introduced to Jerry Wein, and thus the Hanna S. Cohn Equal Justice Fellowship. She and Wein met at the Feerick Center for Social Justice of Fordham Law School, where Wein (Hanna Cohn’s husband) served in the emeritus attorney program and where Elizabeth interned after her first year in law school.

The Hanna S. Cohn Equal Justice Fellowship is a prestigious fellowship awarded every two years to a dynamic, new attorney. The fellowship was established in 2002 in memory of Cohn, who was the Executive Director of the Volunteer Legal Services Project (VLSP) in Rochester for 20 years. The fellowship allows the attorney to design and implement a project to increase legal advocacy for Greater Rochester’s low-income individuals and families.

The fellows are often already leaders in their field—Elizabeth won the esteemed Samuel M. Kaynard Memorial Law School Student Service Awards, presented by the New York State Bar Association in 2015. She was also presented with the Haywood Burns Graduate Fellowship in Civil and Human Rights while in law school.

But Elizabeth admits that when Wein first mentioned the Fellowship, she wasn’t sure it was for her. It was “the perfect opportunity and dream job,” she recalls, but not in the city that she loved to call home. She grew up both on Long Island and in Queens, raised by newly emigrated parents who owned their own small business.

But as she advanced her legal career through clinical work and internships, representing clients in Workers’ Rights, consumer rights, public benefits and housing justice cases, doing the work that she loved in a new city didn’t seem so far-fetched.

“I’m so grateful to the family members and friends of the Hanna Cohn Memorial Fund, for giving me this tremendous opportunity to do work that I love.  It’s been exciting to learn about and explore Rochester through social justice work with the community here.”

“To be in a position of learning is a really humbling experience and to be doing community lawyering work right out of law school is a tremendous privilege,” she said, keenly aware of the challenges that face her in navigating a new place—not just the physical layout of the city, but the “community landscape.”

Empire Justice is thrilled to bring on an attorney with such a commitment to empowering low-income individuals. Like many of the Hanna S. Cohn Equal Justice Fellows, we believe her impact will be a great one.



Tags: Workers' Rights | Wage Theft | Hanna S. Cohn Equal Justice Fellowship




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