2L obtained back pay for medical worker
—By Lori Craig
Second-year USC Law student Warren Williams was a clerk in Bet Tzedek’s Employment Rights Project this summer when he met with a client named Maria.
“Maria came in just wanting to get her last paycheck from her previous employer, or about $380,” Williams said. “But after going through all the details, we realized she was owed a lot more than that.”
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| 2L Warren Williams |
Maria was employed for more than two years as a caregiver in a residential care facility for mentally ill patients in Arcadia. Her typical shift began on Friday afternoon and lasted until Monday morning. During that time, Maria slept at the facility, sometimes on the floor, and was on duty and responsible for the patients there at all times. Her pay per four-day shift would be as low as $150.
“She was owed a lot of overtime and double-time pay, which we totaled up using wage tables,” Williams said. “It started adding up quite a bit. When Maria found out, she was really surprised. It would be a big deal to her to get that kind of money.”
Prior to an administrative hearing with the Office of the Labor Commissioner, Williams “figured out some pretty complicated law,” Kish said, to determine whether state or federal labor laws would apply to Maria’s case. Williams wrote a brief explaining that Maria’s duties — which included administering medication, dressing and bathing patients, preparing meals and cleaning the facility — should be considered to be in the health care industry and therefore governed by federal wage and hour laws.
“Warren had to research complicated law and then apply that complicated law to complicated facts, and then explain it all clearly in the trial brief,” Kish said.
Williams also prepared Maria for the hearing by practicing her direct testimony. The woman, who speaks little English and communicated with Williams and Kish in Spanish, was nervous about facing her former employer.
At the hearing, it was Williams who questioned Maria on direct testimony, though he said he was content to leave the cross-examination to Kish.
“It was an interesting experience to participate in a hearing,” Williams said. “You’re making sure that your client is calm, paying attention to what the opposing lawyer is doing and making sure the hearing officer is paying attention to what you’re saying.”
The labor commissioner awarded Maria the full amount sought. According to Bet Tzedek, it was determined that the defendant had not made even a good-faith dispute about the evidence presented.
"I was thrilled for Maria,” Williams said. “I wasn’t completely surprised that her case was successful, but I didn’t expect the hearing officer to award Maria the full amount that we requested. It’s never a sure thing to be awarded all back wages or penalties, so I guess the hearing officer found Maria's circumstances to be particularly compelling.
“Plus, It was the first decision I received for any case that I had worked on, so it was great news.”
Williams got plenty of additional hands-on work at Bet Tzedek, handling client intake and working with other cases at different stages. The organization, which provides free legal services to people all over Los Angeles, hires 20 clerks each summer and expands its caseload accordingly.
“I highly recommend public interest after the first year because you get some real hands-on experience,” Williams said, though he acknowledges that actual hearing or trial experience is rare. “I was really impressed by Kevin and all the attorneys at Bet Tzedek. Not only are they fantastic at what they do, but you can tell they really love doing it. It’s evident in the way they interact with each other and with the clients and with us clerks.”
Kish has high praise for Williams, as well.
“Warren did a great job,” Kish said. “With Warren, as with all of our students, you see a progression over the course of the first summer, from someone who’s a great law student to, at the end of the summer, someone who’s a great advocate.”
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