An Illinois class action has been filed against furniture manufacturer Northern Harvest Furniture Company on behalf of current and former Latino employees of the company who allege that they were not paid the same amounts as their non-Latino counterparts, and that some workers were fired after complaining of the inequities, thereby violating federal labor law. The action seeks unspecified compensatory damages.
In September 2002 the court certified a class composed of all Latino persons who started working for Northern Harvest Furniture at any time during the period from January 1, 2000, to March 16, 2001. Court records indicate that the parties are in the final stages of reaching a settlement as of August 2003. Eligible workers will have to complete a claims process before they can receive a part of the settlement. Claims must be submitted no later than 120 days after the court-approved date for sending out a notice to eligible workers. That date has not yet been set.
Furniture worker and named plaintiff in the action Hugo de la Rosa of Arcola, Illinois, initially complained to an Urbana Latino support organization, El Centro por los Trabajadores, about pay inequities in 2001. El Centro's executive director, Hugh Phillips, connected Mr. de la Rosa and his fellow workers with a Chicago law firm with experience in employment issues.
In 2002 the company settled with the National Labor Relations Board over the same allegations--that the workers had been paid under the table, had received no benefits, and were fired when they approached company management collectively about a pay raise. The board's settlement specifically stated that the company had interfered with, restrained and coerced its employees in the exercise of their rights by acts including threatening employees with discharge. As part of that agreement, Northern Harvest was also required to post notices to employees stating and reproaching their unlawful activity. The signs were at first posted only in English, but will be posted in Spanish as well.