Anna Brathwaite (3L), Sara Dabkowski (2L), and Cody Knight (2L) negotiated a $50,000 settlement for three Guatemalan stone cutters after a day and half of trial. The plaintiffs, all clients of the Katharine and George Alexander Community Law Center, claimed unpaid wages, overtime, interest and penalties against their former employer, a local construction company.
Each of the three plaintiffs worked 10 to 16 hours daily, six days per week over periods of 9 to 14 months. Their employer failed to keep track of their hours, did not pay their overtime hours at the corresponding rate, and occasionally failed to pay them at all. They came to the Alexander Community Law Center through Workers’ Rights Clinic, seeking help in recovering their wages after they were unsuccessful in resolving the case at a labor commission conference.
Deena Smith (3L) prepared and presented the case at a Labor Commission hearing in October 2006. The hearing officer issued a favorable decision for a total of $15,358.30. The employer appealed the award de novo to the Superior Court. Trial was set for March 5, 2007.
As soon as the Spring Semester began, Anna Brathwaite, Sara Dabkowski and Cody Knight started preparing the plaintiffs, the trial strategy and the trial brief. On March 5, 2007, after a brief attempt at settlement, Anna presented the opening statement before Judge John Garibaldi. Anna then took the first plaintiff through his direct examination. Sara followed with the direct of the second plaintiff. The trial was then continued to the following week, when Sara conducted the direct of the last plaintiff. Before she finished, the judge requested a meeting with counsel in chambers where he urged settlement.
The $50,000 settlement represents a very significant win for the plaintiffs. As a result, two of the plaintiffs will recover nearly all of their unpaid wages and overtime; the third plaintiff, who had no documents to support his claim, will recover half of his claimed wages and overtime.
