Executive Director’s Message

According to a recent New York Times article "Safety Net Is Fraying for the Very Poor", the recession is expected to raise poverty rates. In June, employers cut 467,000 jobs, bringing the national unemployment rate to 9.5 percent. For Latino and African Americans, the rate is far higher. In Los Angeles County alone, where 40 percent of the population is Latino, the unemployment rate was 11.4 percent in May, but that doesn’t begin to tell the true story of the economic suffering. The number of people applying for unemployment benefits increases everyday day, while for others their benefits, and the only source of income, are coming to an end. LAFLA attorneys are working with clients at both ends of the spectrum. For those seeking benefits, our employment law attorneys are helping them to navigate the system that is overburdened and understaffed. In 2008, we won $111,000 in unemployment benefits for our clients, whose benefits had been wrongfully denied.

To help as many individuals as possible, LAFLA’s Employment Law advocates also operate two weekly self-help clinics in Los Angeles that offer referrals and appointments. They also conduct community presentations to inform potential clients about their employment rights. Last year, we reached out to 3,500 individuals. Our Housing & Eviction Defense Units are now helping clients grapple with evictions, as their unemployment benefits come to an end and all extensions have been exhausted. For many of our clients it will mean an increase in homelessness not just for individuals but for families. We hope we can continue to count on your support.

Silvia Argueta, Interim Executive Director

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Attorneys Identify Employment Trends,
Strive to Change Policies

LAFLA’s Employment Law attorneys handle payment of wages, meal and rest breaks, access to unemployment benefits and conditions of health and safety.

According to Employment Law attorney, Anel Flores "the general trend we are seeing is the delay in obtaining benefits, not only in the phone system when people call the Employment Development Department (EDD) to file for benefits initially, but also the delay in receiving an appeal date in order to resolve a denial of benefits by EDD or an appeal by the employer. The latter has been the biggest trend."

Our attorneys are also witnessing a change in how employers define severance pay. Because so many people are being let go, many employees are being offered severance pay. Normally, severance pay is not considered wages for unemployment purposes. The problem is that employers are not listing it as a severance and are simply calling it wages. It then gets reported to the EDD as wages. EDD then investigates the employee because they think he or she is withholding or reporting false information. Employees get denied benefits for those weeks they received benefits but failed to report the wages thatare actually severance pay. They also may get assessed a false statement penalty for not reporting the wages. Employees then have to appeal and wait for a hearing.

Currently, the Unit is pursuing administrative reform litigation against the EDD and the California Unemployment Insurance Appeals Board, increasing outreach to WorkSource Centers and Appeals Offices, working with publicly funded contractors and partnering with the City Attorney’s Office to refer wage theft cases. Emerging issues for the department involve re-entry and discriminatory impact of failing to hire because of criminal records, e-verification and other employment verification systems, systemic advocacy regarding unemployment and advocacy for Green Jobs. For more in-depth information about our Employment Law Unit, please visit www.lafla.org.

LAFLA to Re-Open South Los Angeles Office at New Building

LAFLA’s is opening a new South Los Angeles Office to better serve the needs of our clients and the community. The office is located at 7000 S. Broadway, Los Angeles, and the anticipated move-in date is in late July or August. LAFLA’s attorneys have been assisting residents in the community for more than 30 years. The new facility will house attorneys in LAFLA’s Employment Law and Community Economic Development Units, as well as providing an access point for a full range of LAFLA’s services. Once staff has settled in, an open house will be planned to welcome the community to the new office. The facility has six intake offices to provide confidential screenings for clients, improved client reception and waiting areas, more optimal offices for staff, a large conference room for community meetings and ample on-site parking. The building was formerly the Ascot Branch Library.

"We are excited to open this improved, client-centered facility in one of the poorest, underserved communities in Los Angeles where residents have little or no access to social or economic justice," stated Silvia Arqueta, LAFLA’s Interim Executive Director. "LAFLA has had a presence in this community for more than 25 years and our attorneys have worked on important policy reforms to help empower our clients and other nonprofit organizations in the area. "

LAFLA appreciates the support of the Building Committee of its Board of Directors for their work on this project.

LAFLA Celebrates 35^th
Anniversary of the Legal Services Corporation (LSC)

LAFLA, the second largest public interest law firm in the nation, joins LSC in observing 35 years of dedicated federal funding to provide civil legal assistance to low-income individuals and families. Nationwide, LSC is the single largest funder of civil legal aid for the poor. Established by Congress in 1974, LSC operates as a nonprofit corporation that promotes equal access to justice and provides grants for high-quality civil legal assistance to low-income Americans. "We deeply appreciate the bipartisan support of Congress and LSC in ensuring we receive this critical federal funding," said Silvia Argueta, LAFLA’s Interim Executive Director.

Don’t Miss your Chance to Attend the 15th Annual Long Beach Grand Cru Fundraiser on August 22

If you haven’t purchased a sponsorship package or tickets for the 15^th annual Grand Cru event on Saturday, August 22 in Long Beach, there is still plenty of time to sample award-winning wines and to enjoy the best cuisine that Long Beach has to offer. The event will be held Saturday, August 22 from 6:30-9 p.m. at Rainbow Lagoon Park in downtown Long Beach. More than 1,200 people are expected to attend. The event follows the International Wine Competition from July 18-19, where nearly 2,000 wines from around the world will be judged and awards given in the Sweepstakes categories of Red, White, Rosé, Sparkling and Dessert. Tickets for the Grand Cru event are $160 before August 14 and $180 thereafter. For tickets and complete information, please call (213) 640-3894 or visit www.longbeachgrandcru.com.

Pro Bono Update: LawScribe to Provide Free Deposition Summary

LawScribe, Inc. has agreed to provide pro bono assistance directly to LAFLA and to law firms that provide support to LAFLA clients. Starting immediately, LawScribe will provide one free deposition summary--up to 100 deposition transcript pages, and one free medical record review, up to 50 pages of records, in each case that a private firm (law firm with over five full time attorneys), retains a LAFLA client for pro bono representation. To volunteer at LAFLA, please contact Pro Bono Director, Tai Glenn at tglenn@lafla.org.

Plan to Attend LAFLA’s 80^th Anniversary Symposium at USC’s Town & Gown

If you haven’t done so already, please mark your calendar to attend LAFLA’s
80^th Anniversary Symposium on Wednesday, September 30, 2009, 1-5 p.m. at USC’s Town & Gown. Speakers include Justice Earl Johnson Jr., State Bar President-elect, Howard B. Miller, Assemblymember Mike Feuer, USC Law Professor Clare Pastore, Niels Frenzen, USC Clinical Law Professor, who specializes in immigration law and is director of the USC Law Immigration Clinic and others. In September 1929, the Legal Aid Clinic began at USC. In August, please look for the E-Invitation with full program outline.

LAFLA’s Housing Litigator Receives Recognition

Congratulations to LAFLA attorney Fernando Gaytan who was recognized as a top young lawyer in the most recent Southern California Super Lawyers, Rising Stars Edition. Super Lawyers is a listing of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. Gaytan was selected among the top 2.5% of Southern California up-and-coming attorneys in an extensive peer review and evaluation process conducted by Law & Politics. In partnership with senior attorney Barbara Schultz, Gaytan litigated and settled a case on behalf of 47 clients who were subjected to terrible slum conditions. The case resulted in one of the highest per plaintiff settlement award for a habitability case in Los Angeles County. Gaytan is a graduate of USC’s Gould School of Law.

In the News

• LAFLA’s Housing & Eviction Defense Units and its clients will be featured in a story on the NPR Network about the rise in evictions due to job loss. The story will air later this month.
• Silvia Argueta was interviewed for an article titled: Legal Groups Party Like It’s 2009: Modestly that appeared in The Recorder on June 17. The story profiled several nonprofit organizations and the impact of the recession on fundraising activities.