NEW YORK: On Sunday March 30, at the Baba Makhan Shah Lubana Gurdwara in Richmond Hill Queens, Balvinder Singh was presented a check of $3,500 by Executive Director Javaid Tariq of New York Construction Workers United (NYCWU). Over the past two years NYCWU along with Asian American Legal Defense and Education Fund (AALDEF) has worked tirelessly to demand justice for Balvinder Singh for wages owed to him. On this day, Singh finally got justice.
In an industry notorious for unpaid wages and unsafe conditions, construction workers have a reason to celebrate. Singh said thanks to New York Construction Workers United and to his attorney from the Asian American Legal Defense and Education Fund, Alex Saingchin, the contractor finally agreed to pay the wages. "They didn't listen to me when I went to them, but after the organization was involved, I won my right," says Singh. "Construction is very hard job. And because the season is short, whatever we earn on any job, we need for our survival.
We have right to be paid for our work." Singh won back his wages in an out of court settlement, without needing to file a law suit. Javaid Tariq, Executive Director of NYCWU, says unpaid wages are a very common problem in the industry, but in fact, the law is on the workers' side. "Workers just have to come forward. The law is clear and we are here as an organization to protect them." On March 30, NYCWU also launched its 'Know Your Rights Campaign' which will outreach to workers informing and empowering them of their rights.
A 'Know Your Rights' brochure in multiple languages is being distributed to workers all over the city. "Many people from India, Pakistan and Bangladesh work in the construction industry but don't belong to any union. We want them to join NYCWU so they will also have rights and can be paid fairly, fight discrimination and be safe on the job," said Tariq.
New York State minimum wage is currently $7.15 per hour. Time over 40 hours for the week is time and a half, or $10.72 per hour. Workers on government, or public, jobs are paid a higher prevailing wage. Construction workers injured on the job can also apply for Workers Compensation. Regardless of immigration status, Tushar J. Sheth, AALDEF Staff Attorney says, "Although violations are prevalent, the law is clear in protecting construction workers' right to be paid for all of their labor at the wages they are contractually promised."
Despite the existence of labor laws however, construction workers are unaware of their rights and are exploited across the industry by contractors. Tariq, says, "We want every worker to know that regardless of immigration status, we all have a right under the law to just wages and safe work conditions." Singh was joined by several other workers whose cases NYCWU and AALDEF are working on and hope to see resolution very soon.
Hearing about the success of the Singh's case, Tariq was approached by several other workers who have not been paid back wages. "If we stand up for our rights, we can win. We work honestly and we work hard. We deserve to be treated fairly. I hope my fellow construction workers will come forward and join us," said Singh.