Dear Friends,

The aftermath of the Supreme Court’s recent term continues to reverberate across the nation well into this August. Striking down Roe v. Wade has been one of the most significant recent flashpoints in the fight for justice. It has ignited such moves as typically-conservative Kansas voters protecting reproductive rights in the first test vote since the overturning of the landmark decision along with the U.S. Justice Department suing Idaho’s near-total abortion ban. Given the intersectionality of inequities that plays out in this country, many rights that were granted or protected by the Court that relied on Roe ⁠— from gay marriage to access to contraceptives to interracial marriage — have been left vulnerable to attack.

Less noticed was an attack on California workers’ ability to bring class action lawsuits against companies that have violated their employment rights. Bet Tzedek invites you to join our conversation diving into the implication of the Viking River Cruises, Inc. v. Moriana case on August 25th.

Image courtesy of Barnes & Thornburg LLP

SCOTUS Hobbles California’s Ability to Protect Its Workers

After an employee of Viking River Cruises tried to bring a representative lawsuit against the company for violations of California’s wage and hour code, Viking attempted to dismiss the suit, arguing that California’s more permissive arbitration laws should be overridden by more restrictive federal laws in certain types of arbitration proceedings.

The California Court of Appeal disagreed with Viking’s claim and denied their motion to compel arbitration of the employee’s Private Attorneys General Act (PAGA) claim. In June, the U.S. Supreme Court reversed the ruling and, in doing so, diminishes the use of PAGA, which California established precisely because the State lacked the resources to address the egregious number of workplace violations happening here. This decision therefore completely changes the landscape when it comes to protecting the rights of employees across California.

Please join us for a Community Conversation about this recent decision on August 25th to discuss the implications for California workers. Sign up here.

Amid Economic Crisis, Bet Tzedek Helps Communities Thrive

With the strain that the current economic climate is putting on our clients — who already face structural economic inequities — we have placed particular focus this year on providing tools for our clients to build financial resilience. By helping individuals and families overcome the economic hurdles that have been placed in front of them, we’re combating major societal issues such as housing and food insecurity at their very source.

The effort has included assisting with the preservation of intergenerational economic stability by establishing L.A. County’s only court-based Descendent Estate Clinic, which offers free self-help services to litigants facing probate of small estates. These self-help services will propel litigants to overcome the hurdles preventing them from accessing the funds that are rightfully theirs. Bet Tzedek has also been able to expand the team that provides low- to moderate-income small business owners with the tools to succeed by connecting them to pro bono attorneys who can address the legal issues impacting their ability to launch, sustain, and grow their businesses. Both these efforts promote the economic stability of individuals and entire communities.

While few would likely imagine a legal aid organization having a tax department, the reality is tax disputes with the IRS or State Franchise Tax Board can have a devastating impact on the economic wellbeing of individuals and families from low-income communities, making tax advocacy on behalf of these community members a critical pillar in the effort to create economic resilience among those most at risk. And so Bet Tzedek continues to represent taxpayers in disputes before the IRS and State Franchise Tax Board by providing tax counseling to taxpayers in all stages of tax matters. The impact of this work on the lives of our clients is profound with, for example, one case alone helping eliminate over $200,000 in tax liabilities, a debt that would have led to homelessness for our client. The program has also been engaged in extensive outreach efforts to ensure individuals are fully informed of their ability to access, for example, the Earned Income Tax Credit.

Bet Tzedek continues its work to ensure low wage workers are paid the wages they are owed, while also helping ensure individuals can access the wage replacement benefits they are rightfully owed when unemployed. We are expanding on Bet Tzedek’s work last year to make California the first state requiring hourly wages for garment workers by helping pass “The Garment Worker Protection Act” by now assisting with national efforts to pass a federal law to protect garment workers across the country. In the face of scathing reports of California’s Employment Development Department’s inability to appropriately handle unemployment insurance applications, Bet Tzedek remains one of the few agencies able to represent individuals in their wrongful denials of unemployment insurance, thus putting critical dollars in the hands of community members struggling throughout the pandemic.

As the economic downtown persists, we will be keeping an eye out for evolving needs faced by our clients and will respond — as we always do — with holistic and far-reaching solutions.

Help a 72-year-old Tenant Living in an Apartment with Habitability Issues Negotiate with Her Landlord

Case Description: Heidi is a low-income tenant who receives rental assistance to pay for her Beverly Hills apartment. She has been living in dangerous and unfavorable conditions since 2019 and the condominium owner has refused to make any lasting repairs. Heidi suffers from health conditions that are exacerbated by the issues in her apartment. We seek pro bono counsel to advocate on Heidi’s behalf to compel repairs.

Work Required & Deadlines: Negotiate with Heidi’s landlord regarding habitability issues in the apartment.

Staffing: Attorney at any level with negotiation and/or housing experience. If interested, contact Director of Pro Bono Programs, Sara Levine at slevine@bettzedek.org.

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