An Astoria contractor faces a year behind bars and/or a $1,000 fine after he was charged with violating the state's labor laws by not paying nine day laborers more than $33,000 in wages, Queens District Attorney Richard A. Brown said recently.
Roberto Perez, 66, owner and president of Park Construction - also known as Quality Group - was charged with violating Section 191 (a) of the New York State Labor Law. The DA's office charged that the company, which does general construction jobs around the borough and is located at 18-49 Steinway Street, failed to pay nine workers their fair wages for work completed at various sites between 2003 and 2005. Perez's next court date is Wednesday, December 6.
“The victims, who are undocumented residents, were trying to earn an honest living and send money back to their families in their native countries,” Brown said. “The defendant assumed, incorrectly, that his alleged greed would go undetected because the victims would be fearful of possible deportation and not complain to authorities.”
Brown said that after the defendant refused to pay the workers their wages entirely - totaling $33,150 - they reported the case to an attorney.
According to Cheryl Wertz, Director of Government Access for New Immigrant Community Empowerment (NICE), a northwestern Queens-based group, many new immigrants and undocumented residents will not report mistreatment and abuse by employers for fear of deportation. However, the extent of mistreatment of workers is largely unknown.
”It is an enormous problem. I will only go as far as saying enormous because I do not want to put a figure on the problem,” Wertz said.
Wertz said that NICE became involved in the issue of undocumented workers and back pay owed to them while their office was located on Roosevelt Avenue in Jackson Heights, nearby where day laborers gathered in search of work.
“As we got to know our neighbors, we found out that it was a chronic problem,” she said. “They [undocumented workers] have this mistaken belief that they have no rights in this country
People do have rights.”
To help undocumented workers file for back pay in Small Claims Courts, NICE has dedicated a section of their website, www.nynice.org, in both English and Spanish to the issue. In addition, Wertz said that NICE would provide a printout of the booklet to anyone who visits the office, located at 37-41 77th Street on the Second Floor.
The Queens DA's office also vowed to seek justice for all Queens residents.
“My office is committed to protecting the rights of all individuals regardless of their immigration status and preventing their exploitation by unscrupulous employers,” Brown said.