clinics: Women's Employment Rights Clinic
The Women's Employment Rights Clinic (WERC) of Golden Gate University School of Law, founded in 1993, believes that every worker has a right to decent wages and equal opportunity. In conjunction with community based organizations, WERC advocates for the rights of low-wage and immigrant workers through direct service, impact litigation and public policy work. WERC also serves the dual purpose of training the next generation of ethical, competent, and socially responsible professionals.
The deadline for Fall 2013 clinic applications is May 17, 2013. Clinic Application Form.
Partnering with community based organizations, WERC advocates for the rights of low-wage and immigrant workers through direct service, impact litigation and public policy work. WERC also serves the dual purpose of training the next generation of ethical, competent, and socially responsible lawyers.
WERC operates an intake hotline staffed by law students, under the supervision of the clinic faculty and attorneys. The clinic advises, counsels and represents clients in a variety of employment-related matters including wage and hour violations, discrimination, workplace harassment, unemployment benefits, pregnancy and family/medical leave, Law students work under the direct supervision of Clinic Director Marci Seville and Associate Professor and Clinical Staff Attorney Hina Shah. The staff also includes Graduate Law Fellow Rocio Avila and the Clinic Administrative Assistant, Fe Gonzalez.
Elfenworks Center for Employment Justice
With a generous seed grant from the Elfenworks Foundation, Golden Gate University School of Law established the Elfenworks Center for Employment Justice (ECEJ) at the Women's Employment Rights Clinic. ECEJ focuses on legal advocacy and education for domestic workers and caregivers. Through ECEJ, WERC students, staff, and faculty identify and focus work on key issues affecting immigrant working women.In its initial phase, ECEJ is dedicated to improving the rights of household domestic workers and caregivers in residential facilities. ECEJ provides direct representation of workers, technical legal assistance to community-based organizations and legal advocates, and trainings for domestic workers and caregivers.
20th Anniversary – Clinics Celebration
Twenty years ago, GGU Law established the Women’s Employment Rights Clinic and our sister clinic, Environmental Law and Justice Clinic. Over the years, we have provided our community with critical legal representation and advocacy as well as trained the next generation of social justice advocates. Please save the date, September 19, 2013 to celebrate 20 years of WERC and ELJC. Contact Professor Hina Shah for sponsorship opportunities, and use the sponsorship form.
Professor of Law
Director, Women's Employment Rights Clinic
Associate Professor of Law and Clinical Staff Attorney
Director, Elfenworks Center for Employment Justice
Graduate Law Fellow
Rocío Alejandra Avila is the Graduate Law Fellow at WERC, where she is focusing on policy and legal advocacy of domestic worker and caregivers. She is a fluent Spanish speaker. Rocío provides training and technical support to unions, work centers, grass-roots organizing campaigns on issues related to the exploitation of immigrant workers, including federal law work authorization enforcement tools and anti-discrimination laws.
Prior to rejoining WERC, Rocio directed the Workers' Rights Program at La Raza Centro Legal, Inc., in San Francisco, CA. At La Raza, Rocío represented low-wage, predominately Spanish speaking immigrant workers in employment matters, with a focus on wage enforcement, employment discrimination and retaliation issues. She focused her work on impact litigation and administrative advocacy on behalf of domestic worker and day labors. While at La Raza, she developed expertise in combating wage theft for low-wage workers using alternative wage collection methods, including community organizing and advocacy campaigns to redress wage theft in the immigrant community. While at Golden Gate University, Rocio was a clinical student at WERC. Before becoming a lawyer, she was a community organizer in San Francisco, CA's Mission District, where she was born and raised.
Awards: 2011 Lawyer's Committee Impact Litigation Award 2011 La Raza Centro Legal, Inc's Excellence in Advocacy Award 2010 SF Bar Association Mentorship Award GGU Public Interest Academic Excellence Award SF La Raza Lawyer's Fellowship Award
Clinic Program Assistant
Fe Gonzalez provides administrative support to both WERC and the Environmental Law and Justice Clinic. Fe joined the clinics in 2002, bringing many years of experience as a legal secretary and paralegal.
The Elfenworks Center for Employment Justice (ECEJ), a program of WERC, is dedicated to improving the rights of household domestic workers and caregivers in residential facilities. ECEJ provides legal representation, technical legal assistance to community-based organizations and legal advocates, and trainings for both domestic workers and caregivers.
Clinic students have successfully represented individual domestic workers and caregivers, recovering minimum wage and overtime, and successfully challenging denial of meal and rest breaks.
Highlights of WERC-ECEJ's Domestic Worker & Caregiver Advocacy:
photo by Cindy Charles
photo courtesy PAWIS
In collaboration with the Filipino Community Center and National Alliance for Filipino Concerns in Northern California (NAFCON-NorCal), WERC won a settlement for Victoria Aquino and Lourdes Torres, two caregivers who worked in a group home. They worked alone, on 24 hour shifts, caring for six elderly patients. They received over $70,000 in unpaid wages and penalties. This case marks a major victory for workers' rights in the growing caregiver industry.
WERC-ECEJ students successfully settled wage and hour claims on behalf of four Filipino caregivers who worked at a group facility in Sonoma County. The caregivers came to WERC-ECEJ for representation, after working 16-17 hours a day but being paid for only 8 hours of work.
In collaboration with the Filipino Community Center, WERC-ECEJ won a $90,000 back wage settlement for group home caregiver Nelly Gonzales who worked alone, seven days a week, caring for six elderly patients.
At an East Bay care home, Sonny Villar and Maria Remoreras were earning below the minimum wage, $5.00 an hour with no overtime. Sonny organized his co-workers after he learned about his rights from Filipino Advocates for Justice and the Peoples Association of Workers and Immigrants (PAWIS), two community-based organizations that support Filipino immigrants. WERC-ECEJ students and faculty represented the workers, and we successfully settled the case as well as reformed the workplace.
“We work hard to care for the elderly and to care for our families. We do it because we love to. And we do it even though it’s hard. We deserve to get our basic rights and when we unite to defend our rights, we have the power to win.” Caregiver Sonny Villar, said in remarks at PAWIS community celebration of their case victory.
WERC-ECEJ has developed an expertise in the complex laws governing domestic workers and caregivers. ECEJ has provided technical assistance to numerous community-based organizations and legal advocates throughout California. If you need assistance, please contact the Clinic. ECEJ provides community education and worker trainings on the rights of domestic workers and caregivers. To schedule a training, please contact the Clinic.
POLICY ADVOCACY: AB 889 DOMESTIC WORKER BILL OF RIGHTS
Household domestic workers work in isolation and are excluded from many employment and labor laws that govern all other workers. They face unique challenges and are underserved by the legal community. WERC is playing an important part in the growing movement to extend legal protections to domestic workers and caregivers, both by partnering with community based organizations in advocating for legislative and regulatory reform and by representing many individual workers needing assistance.
WERC served as lead counsel to the California Domestic Worker Coalition, which sponsored AB 889, the Domestic Worker Bill of Rights. WERC provided ongoing advice and legal analysis to the coalition during the legislative process. After a hard fought campaign and inspiring leadership by household workers statewide, the California legislature passed AB 889. Unfortunately, Governor Brown vetoed AB 889 on September 30, 2012, along with several other bills supported by immigrant rights and labor organizations. WERC will continue to serve as counsel to the Coalition in its ongoing advocacy to improve the rights of the state’s domestic workers.
Read the Statement by the Domestic Worker Coalition following the veto
Does Your Housekeeper Need a Break?
A Domestic Worker Bill of Rights
WERC drafted CA Assembly Resolution 11, recognizing March 30th as International Domestic Workers' Day.
WERC supported Assembly Concurrent Resolution 163, a California legislative resolution to support the rights of domestic workers.
In the News
The International Labour Organization (ILO) adopted the Convention on Domestic Workers, in June 2011 setting international labor standards for domestic workers.
Caring Across Generations: In July 2011 Secretary of Labor Hilda Solis, Senior White House Advisor Valerie Jarrett, and national human rights leaders launched the Caring Across Generations campaign - a movement to protect and expand our nation's support system for the aging and people with disabilities. The campaign is a national movement to secure respect and dignity for millions of care recipients, care workers, and families who struggle to find and afford quality care.
Passage of New York State's Domestic Worker Bill of Rights, signed by the governor on August 31, 2010. The law guarantees basic work standards including overtime pay, protection from workplace harassment; and 3 paid days of rest.
On November 2, 2010, the New York State Department of Labor issued its report: Feasibility of Collective Bargaining for Domestic Workers. NY Domestic Workers Bill of Rights required that the Department of Labor undertake this study.
U.S. Department of Labor has proposed changes in the regulations that have long excluded many home health care workers from minimum wage and overtime protections.
The Clinic accepts new cases from August through November and January through April. We are not a drop-in clinic. Workers seeking assistance must call and speak with a clinic student who will do a preliminary phone interview. We handle a variety of employment related matters including wage and hour violations, discrimination, harassment, pregnancy accommodation, family leave laws and unemployment insurance. Our emphasis is on serving low income clients. There is no income limit. We do not handle worker's compensation claims.
Currently, the Clinic is only accepting cases on a limited basis. If you are a domestic worker or a caregiver in residential facility OR you have an unemployment insurance matter, please call the clinic.
Hotline Staff Hours: Mon - Fri: 9 am - 5 pm
Phone: 415-442-6647 (you can also leave a message after hours)
"My law school commitment has changed from books and lectures to a new hands-on experience with the law, my clients and my colleagues."
-- Betta Fabiani, WERC Clinician '09
The deadline for Fall 2013 clinic applications is May 17, 2013. Clinic Application Form.
What do students do in the Clinic?
Students get exciting, hands-on experience representing low-income workers in various types of employment disputes. Clinic students, under the supervision of Professors Marci Seville and Hina B. Shah, and with the assistance of Graduate Law Fellow Rocio Avila, conduct telephone intakes, assess and investigate cases, interview, advise and counsel clients, research and write substantive legal memoranda and/or legal briefs, represent clients at administrative hearings, file administrative claims and advocate for clients as needed. Students generally assist many individual clients during the semester, and may have the opportunity to work with outside co-counsel in more complex litigation or to participate in legislative or regulatory advocacy. Through the Clinic's Elfenworks Center for Employment Justice, students will work on issues affecting domestic workers and caregivers.
Where do our clients come from?
The Clinic represents clients from diverse backgrounds throughout the Bay Area with a special focus on low-income, immigrant women. Clients are referred to the Clinic by community based organizations, former clients, attorney referral agencies like the San Francisco Bar Association, private attorneys, the courts, employment agencies such as the Employment Development Department, non-profit legal organizations such as the Employment Law Center, social service agencies, unions and other organizations. Clients also learn about the Clinic through media coverage. The Clinic accepts new cases from August through November and January through April. Currently, the clinic is only accepting cases from domestic workers and caregivers and workers who have unemployment insurance issues.
Who can apply for the Clinic?
The Clinic is open to second and third year students who have successfully completed all first-year courses, and have completed Evidence or are concurrently enrolled in Evidence. Prior or concurrent enrollment in Employment Law or Employment Discrimination is helpful for clinic students but it is not required. The clinic is not limited to women students. Special scheduling arrangements are made on a case-by-case basis for night students whenever possible.Students interested in working with low-income clients from diverse backgrounds and students with fluency in Spanish, Tagalog, or Cantonese are encouraged to apply. Students must submit a Clinic Application Form to Professors Marci Seville and Hina B. Shah. Deadlines for applications are published each semester in the law school news. WERC's office is located at 40 Jessie Street, Suite 530. Students or prospective students who would like more information about the clinic can contact the clinic faculty.
What number of units and time commitment are involved?
Clinic students enroll in the 3 unit seminar plus an additional 1, 2, or 3 clinic units
- 1 Clinic unit = 10 clinic hours per week (total of 4 units)
- 2 Clinic units = 12.5 clinic hours per week (total of 5 units)
- 3 Clinic units = 15 hours per week (total of 6 units)
What do we cover in the Women's Employment Rights Seminar?
The Seminar combines skills training and substantive law issues affecting low-wage workers. The seminar's substantive law topics include employment discrimination, workplace harassment, wage and hour laws, pregnancy discrimination and family and medical leave issues, unemployment benefits, wrongful termination, labor law, disability discrimination, and issues affecting immigrant workers. We emphasize a practical approach to these subject areas, with extensive discussion of California law as well as federal protections. Skills training includes interviewing, counseling, claims filing procedures, case theory development, and trial skills. Students prepare and conduct a mock administrative hearing.
What is the California State Bar certification program for Practical Training of Law Students (PTLS)?
The Practical Training of Law Students (PTLS) program allows a certified law student to perform permitted activities such as representing clients at hearings under the supervision of a supervising attorney. WERC clinicians are certified by the State Bar. For more information, see: PTLS
Can I enroll in the Seminar without taking the Clinic?
Generally, the seminar is limited to clinic students. In very limited circumstances,, we may accept students for the Seminar, without participation in the Clinic, at the Professors' discretion. If you are interested in the Seminar only, contact Professors Seville or Shah by the clinic application deadline published each semester in Law School News.
Should I take the Clinic if I do not plan to practice employment and labor law?
Yes. You will learn a wide range of lawyering skills in the Clinic that will be useful to you in other areas of law. These may include client counseling, legal research and writing, case investigation, witness interviews, and various administrative hearing skills such as opening statements, direct and cross examinations, and closing arguments.
Is it possible to enroll in WERC for more than one semester?
Yes. We accept a limited number of students as "carry-over" students if space is available and they want to continue their clinic work by enrolling for an additional semester.
Women's Employment Rights Clinic
Golden Gate University School of Law
536 Mission Street
San Francisco, CA 94105-2968
WERC Office Location
40 Jessie Street, Suite 530
San Francisco, CA 94105
Professor Marci Seville
Professor Hina Shah
Associate Professor and Clinical Staff Attorney
Graduate Law Fellow
WERC is program of Golden Gate University, a 501(c)(3) charitable educational organization. All contributions are deductible to the maximum extent permitted by law. Individual and foundation donations are gratefully accepted.
Please Join the WERC Donor Circle:
- Benefactors $10,000 and above
- Champions $5,000 above and above
- Sponsors $1000 and above
- Supporters $500 and above
- Friends $250 and above
Gifts of any size are welcome. Donations to WERC may be made in two ways:
- Print out our donation form and mail in your contribution. Donation Form (PDF).
- Make an online donation here.
Seek a Workplace Matching Gift
Ask your human resources department or corporate giving personnel whether your employer matches donations to nonprofit organizations made by its employees. If it does, request a match for the gift you make to the Women's Employment Rights Clinic.
Designate Cy Pres Funds
If there is an opportunity to do so, consider the Women's Employment Rights Clinic-Golden Gate University School of Law as a recipient of cy pres monies when resolving class actions.
Donate Stock or Appreciated Securities
Please contact Clinic Director Marci Seville directly. Speak with your financial advisor about possible tax benefits that might result from making this type of gift.
Make a Bequest
Include a gift to the Women's Employment Rights Clinic-Golden Gate University School of Law in your estate plan. For more information, contact Clinic Director Marci Seville directly.
Clinic Alumni Spotlight
Students always wonder if there is life after the Clinic and Golden Gate. Here is a spotlight on one of our own:
GGU Law '02
WERC Graduate Law Fellow 2003-04
Pamela Kong is an attorney at the Oakland law firm of Sundeen Salinas and Pyle. She represents plaintiffs in employment cases. Through her firm, Pam has represented many low wage monolingual workers and continues to do so.
Pam has a B.A. degree from the University of California Los Angeles and lives in San Francisco. She was recently named a Super Lawyer and received the 2010 ACBA Distinguished Service Award for a Barrister. She currently serves on the Executive Committee for the Alameda County Barristers and was the District 3 representative for the State Bar's California Young Lawyers Association for the years 2007 through 2009. Pam is a native San Franciscan and fluent in Cantonese and Toison.
About Pam's experience in the Women's Employment Rights Clinic: My Clinic experience as a student cemented the direction my career would take. I gained a deep appreciation for employment practice and haven't looked back. The Clinic brought to life the concepts I learned in the classroom and the law became tangible. For me, it was one of those "ah hah!" moments. I finally understood what the practice of law was about and I truly fell in love with employment law. As a graduate law fellow, I tried my first case with the Clinic in my first year of practice. This experience was invaluable. I received very solid support and mentoring. The Clinic indisputably shaped the litigator that I am today.