The promise to work in exchange for pay is one of the oldest contracts in the world, one that should be honored without regard to the legal status of an individual.
Two Latino workers allege that the York Restoration construction company in Long Island City owes them wages from 2008 for work done in various luxury buildings in Manhattan.
The undocumented workers, and others who advocate for workers' rights have come together to protest twice, in May and on Friday, November 6, in front of the company at 47-51 33rd Street.
"In the beginning, they paid me on time. After several weeks, they began to pay me late," said Carlos Espinoza of Corona, Queens. Espinoza said that he worked for 12 hours a day, six days a week. "He always gave me excuses and promised to pay us, but he never did it. Weeks without pay turned into months without a salary."
Espinoza tried to get help from Make the Road New York (MRNY), an organization that defends immigrant rights. While he sought help, another man, Luis Bustillo, also approached MRNY in Brooklyn because York Restoration owed him wages.
"Each of these workers that came to MRNY for help turned out to have worked for the same company," said Julissa Bisono. "I believe that York Restoration owes money to over 50 workers."
According to attorney Mercedes Cano, any work that has been done must be paid.
"If that is not the case, the company is earning money illegally and is in breach of contract," said Cano.
Norman Eng, spokesperson for the New York Immigration Coalition, said the same.
"All New Yorkers, including undocumented workers, have the right to be paid for the work that they do," said Eng. "Salary and hourly wage rules also protect those workers, without regard to their [immigration] status."
According to Bisono, the New York State Department of Labor (DOL) began an investigation into the company in March, looking into York Restoration's labor practices. The company, which was incorporated by George York of Great Neck in 1991, told DOL that the workers were paid.
"But they still have not been paid, and that is why we are here," said Bisono.
The two workers, Espinoza and Bustillo, said that they worked without pay for two months before quitting, and that they also had not received overtime pay. They say that they have proof that they worked for York despite being paid in cash.
York's lawyer, Brian Goldberg, said several times that he requested this proof but had still not received anything.
"Show me something that indicates that they worked for York, a proof of payment," he said, adding that having a T-shirt that says "York Restoration" is not enough, since these are distributed throughout the city as advertising.
Goldberg said that the protests do not make sense because, as a general contractor, York does not hire hourly workers.
"If they worked for George York, they would have received a pay stub. It's that simple," said Goldberg.
York considers the protests a personal insult.
"I am an honest man, and I don't hide from anyone," he said. York assured that he does not know Bustillo or Espinoza, and that he tried calling MRNY, but was never able to speak to anyone.
"It seems that this organization [MRNY] organizes these protests just for the press, the photos and the publicity," said York.












