An influx of immigrants and low-wage workers moved to New Orleans after Hurricane Katrina to help with rebuilding efforts. More than five years later, affordable legal counsel needed to protect their rights is still in high demand. The Workplace Justice Project in the Stuart H. Smith Law Clinic and Center for Social Justice is allowing the Spanish-speaking and low-wage workers in the community to feel that their voices are heard.

Two local grants, totaling more than $87,000, were recently given to the WJP in the clinic, which educates, advocates, and litigates for low-wage workers in the greater New Orleans area.

The clinic received $67,700 from the Baptist Community Ministries of New Orleans and $20,000 from the IMPACT 2010 Program at the Greater New Orleans Foundation. The grants will allow the clinic to hire more staff and continue their efforts. BCM is a private foundation that provides financial support to nonprofit organizations in the five-parish greater New Orleans region. GNOF is a regional leader in promoting responsible philanthropy and equitable outcomes by connecting donors to community needs.

Loyola’s application was subjected to a rigorous process by Baptist Community Ministries, and in the end, Loyola was awarded the grant because “the WJP’s application was thoughtful, measured, yet comprehensive. The request was modest for the level of effort the project planned to implement,” said Luceia LeDoux, vice president of public safety/governmental oversight grants at BCM.

“It was also well-executed, we think WJP will raise awareness in the legal community regarding the scope and impact of unpaid wage claims. In addition, actual wage recovery, through litigation, or mediation, will occur.”

Richard Martinez, program officer for GNOF, says the organization took the clinic’s extensive track history into consideration when awarding their grant. “The Wage Clinic stands out as an example of the leadership and role they play in supporting the rights of our region’s diverse population, including Latinos,” said Martinez.

The clinic, which has recovered more than $500,000 in lost wages since 2005, allows third-year law students the opportunity to represent indigent clients under the supervision of experienced attorneys. By participating, student practitioners not only have the chance to experience firsthand what it’s like to represent clients, but they also have an opportunity to further the Jesuit ideals of scholarship and service at Loyola by providing legal representation to the needy.

Martinez added, “We hope that that the WJP can maintain a robust number of cases in litigation and recover the unpaid wages of workers and continue to advocate for wage lien litigation to make contractors responsible for worker’s wages.”

“As far as rebuilding, I feel that it has to happen from the inside out. Unfortunately, it is going far too slow. This is where the clinic comes in. It offers legal services to those who are unable to afford legal counsel,” says third-year law student and clinic practitioner Joseph Moore. “Further, it helps educate workers so they can help themselves by keeping out of situations that would require our services. We would be very pleased if there wasn’t a need for such a clinic, because it would mean everyone is being treated fairly. Unfortunately, that will never be the case.”

Another third-year law student and clinic practitioner Haim Vasquez-Echeverri echoes Moore’s feelings.

“I believe that the work that is done at the WJP is a very important element in the rebuilding of New Orleans. After Katrina, a great number of day laborers and construction workers moved to the city. As these workers played an important part in the rebuilding of the city, they also were victims of fraud in the part of contractors that refused to pay them for the work they performed. WJP is providing an avenue for these workers to be able to recover what is owed to them.”
WJP Director Luz Molina, the Jack Nelson Distinguished Professor of Law at Loyola, is grateful for the student practitioners like Moore and Vasquez that come through her clinic.

A former law student and practitioner who has been instrumental in the work of the clinic is Vanessa Spinazola, J.D. ’07. Spinazola, now a staff attorney with the Law Clinic, is also employed with the Pro Bono Project which has teamed with Loyola and the Catholic Charities’ Hispanic Apostolate to hold wage claim clinics every Thursday evening.

Workers seeking to file a complaint can come to the clinic for assistance in composing a letter to their employer seeking unpaid wages. After four weeks have passed and if a satisfactory response hasn’t been received, follow-up appointments are scheduled where the clinic can begin the process to recover wages through the court system.

Law student and practitioner Alex Yee jumped at the chance to work in the clinic with Molina when a spot opened up to work on an Age Discrimination in Employment Act case. Yee has always planned on a career in business law, helping with wage disputes and the other areas of the employment law field.

Yee doesn’t think rebuilding of the city is strictly the focus of the clinic. “The work we do makes steps toward helping people to get paid for the work they have done. The thing that has surprised me the most is the prevalence of people getting taken advantage of,” says Yee.

Helping those without the opportunity or ability to help themselves can be a very emotional experience.
“There was a case that I worked on recently that made me truly appreciate what I do. The case resulted in a default judgment after a hearing before a judge. My client was so appreciative to have someone represent him for no money that he began to tear up after we left the courtroom. It made me feel like I had created a positive moment in someone’s life,” says Yee.

Preparing for a career beyond graduation can be a daunting task for students. Working in the clinic not only provides hands-on experience that couldn’t be obtained without years of work after graduation, but the availability of experienced professionals, such as Molina, who serve as mentors to the students.

“Working with Professor Molina has been very rewarding. She has had many years of experience that she has been kind enough to pass along to me and my peers. She has helped me to improve my writing and speaking skills,” Yee says.
Vasquez-Echeverri adds, “I could not ask for a better mentor. Working under her has allowed me to grow from ‘student’ to ‘practitioner.’ Her role is not just one of supervising our work but one of commitment to our success. She makes a constant effort to teach while allowing you to develop as an attorney.”

The grants will serve as a catalyst for expansion of visibility of the program.

“We hope meaningful progress will be to inform the strengthening of sorely needed oversight and regulatory mechanisms to address the identified problem,” LeDoux said.

The grants received by the WJP will also allow Molina and her team to expand their outreach. “We’ve also seen a need to make inroads to help local musicians and those working in the restaurant industry. The grants could be a catalyst to help people in need that otherwise might not have the resources to protect themselves.”

For more information on the Stuart H. Smith Law Clinic and Center for Social Justice, visit www.loyno.edu/lawclinic

By James Shields