Grocer To Pay $28,852 in Back Wages

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The New York Sun

A Brooklyn greengrocer has agreed to pay $28,852 in back wages to four immigrant workers who were paid less than minimum wage, the state attorney general said yesterday.


The settlement, coming two months after a $65,000 win for another group of immigrant workers on Knickerbocker Avenue, is the latest example of how the attorney general, Eliot Spitzer, is aggressively pursuing labor violations of low-paid workers.


The workers, all Mexican immigrants, said they received between $300 and $340 weekly for up to 76 hours of work. The minimum wage in New York was recently raised to $6 an hour.


Yesterday, Emilio Cortes, an immigrant from Puebla, Mexico, was still stocking shelves. But after nine months working 72 hours at $3.30 an hour, he said he is now working a 48-hour workweek and earning about the same amount. “My advice for other workers is that they fight,” Mr. Cortes said.


After the attorney general’s office requested reports of wage violations, organizers with the Bushwick community group Make the Road By Walking, encouraged Mr. Cortes and the other workers to testify.


Ismael Castro, 20, said he was reluctant to come forward until a lawyer from the attorney general’s office announced on a Mexican radio station they would help violation cases regardless of immigration status.


“She told us not to be afraid,” said Mr. Castro, who testified with his 16-year-old brother. “She asked me how much I make, what I do, but never asked about migratory status.”


Mr. Spitzer’s office does not ask for workers’ immigration status, which is irrelevant under state law.


Mr. Spitzer began an initiative to improve working conditions in the greengrocer industry in 1999. Since then they have recovered more than $1 million on behalf of workers.


“They are excellent,” an organizer at Make the Road by Walking, Manuel Guerrero said.


In December, the lawyer handling the case, Assistant Attorney General Terri Gerstein, came to their offices and took testimony from the men until midnight.


Less than four months later, he said, it was resolved setting an example for other stores where he said there were flagrant wage violations on Knickerbocker Avenue. “I wish all the labor departments were like that. They are really enforcing the labor law.”


Heng Park, the owner of the store, S and S Farm at 317 Knickerbocker Avenue, could not be reached for comment.


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