Author: Helen Hobson

Author: Helen Hobson

(Charlotte, North Carolina) Alliance Health highlights a groundbreaking pilot program in collaboration with Legal Aid of North Carolina to provide comprehensive legal assistance to Transition to Community Living (TCL) members facing barriers to permanent supportive housing.

TLC supports eligible North Carolina adults living with mental health disorders, substance use disorders, intellectual/developmental disabilities, or traumatic brain injuries who choose to live outside institutional care settings. It combines affordable housing with intensive coordinated services, including case management, peer support, and community integration support, to help program participants live and thrive in their communities.

The Alliance-Legal Aid partnership leverages the strengths of both organizations to offer a holistic approach to housing stability and legal advocacy for this vulnerable population, including:

  • Legal representation for eviction proceedings
  • Advocacy against housing discrimination
  • Removal of barriers to housing
  • Compliance with NC fair housing and landlord tenant laws

“We are thrilled to partner with Legal Aid of North Carolina on this important initiative,” said Stephanie Jackson, Alliance Health Assistant General Counsel.  “This program represents a significant step towards addressing housing, one of the most important social drivers of health that impact our health plan members’ well-being.  By providing legal assistance and advocating for their rights, we are helping ensure that our members have access to safe, stable housing, which is essential for their overall health and recovery.”

“I am so excited that we have the opportunity to partner with Alliance Health,” said Larissa Mañón Mervin, regional managing attorney for Legal Aid of North Carolina’s Charlotte Metro region. “This program is just one of the many ways our office fights to ensure access to justice for our most vulnerable populations. As we know, access to safe and stable housing is one of the most significant social drivers of health. Our Charlotte Housing team works tirelessly to provide legal representation to eligible clients facing eviction proceedings, habitability concerns, housing discrimination, and other barriers to housing. We’re committed to doing the same with Alliance Health’s health plan members and are honored to have the opportunity to positively impact their well-being by ensuring their legal housing needs are met.” 

The program focuses on Wake and Mecklenburg counties, with plans to expand to other Alliance-served counties based on its success and impact. TCL members facing housing-related changes are encouraged to reach out to their care managers or to Alliance Member and Recipient Services at 800-510-9132 for more information and to access these services.

For more information about the pilot program or to schedule an interview with representatives from Alliance Health or Legal Aid of North Carolina, please contact:

Doug Fuller

Senior Director, Communications

Alliance Health

dfuller@AllianceHealthPlan.org

Helen Hobson

Chief Communications Officer

Legal Aid of North Carolina

HelenH2@legalaidnc.org

About Alliance Health

Alliance Health is a public managed care organization serving Cumberland, Durham, Harnett, Johnston, Mecklenburg, Orange and Wake counties in North Carolina. Working with a network of more than 4,000 private providers, Alliance has responsibility for almost 470,000 Medicaid-eligible and uninsured individuals among a population of over 3.5M.

The Alliance Medicaid Behavioral Health and Intellectual/Developmental Disability Tailored Plan manages all the health care needs – physical, behavioral and pharmacy – for people with severe mental illnesses, substance use disorders, and long-term care needs including intellectual/developmental disability and traumatic brain injury.

Alliance supports over 1000 members living in supported housing, representing over 30% of North Carolina’s TCL members currently in housing.

About Legal Aid of North Carolina

Legal Aid of North Carolina (LANC) is a statewide, nonprofit law firm that provides free legal services in civil matters to low-income individuals and families to ensure equal access to justice. With a dedicated team of attorneys, advocates, and support staff, LANC serves thousands of North Carolinians each year, addressing critical legal needs in areas such as housing, family law, domestic violence, veterans’ issues, immigration, disaster relief, and more. From direct legal assistance to impactful advocacy, education, and innovation, LANC is committed to protecting and advancing the rights of North Carolina’s most vulnerable residents. For more information, visit www.legalaidnc.org.

Author: Helen Hobson

By Jonathan Perry, Managing Attorney, Legal Aid of North Carolina – Morganton Office

This past week in Bakersville, NC, I witnessed both heartbreaking devastation and awe-inspiring human resilience. In the wake of recent flooding and widespread damage in Mitchell County, we spent the day helping people sign up for Disaster Unemployment Assistance (DUA) and FEMA relief. While providing computers and technical support, we quickly realized that this community’s needs extended beyond just paperwork. As the day went on, we began to encounter more traditional legal issues—housing, family law, and other challenges that our office at Legal Aid of North Carolina (LANC) often addresses.

What has struck me most, however, is how deeply rooted the people here are in their independence and strength. In these mountain communities, asking for help is not common. Many of the individuals we worked with have no power, no water, and no idea when they’ll be able to return to normalcy. Yet, they are humble, gracious, and, in some cases, hesitant to accept assistance from outsiders. One elderly woman, who had lost access to both power and water, tried to pay me for a simple Diet Coke I offered her. It was a moment that captured the deep self-reliance ingrained in so many here.

In Mitchell County, the community has rallied together in ways that go beyond formal aid. At the Mitchell Senior Center, a woman who was a stay-at-home mom just two weeks ago is now leading an eight-person team, coordinating volunteers to answer calls and dispatch help. They’ve received 158 open requests for help, and they’ve answered each one with precision and care. Outside the center, volunteers cook free meals daily for anyone in need, providing supplies without question or charge. This effort is being led by former schoolteachers and retirees who have seamlessly transitioned into roles that serve their neighbors in ways they never imagined.

Driving through nearby Avery County, in small towns like Plumtree and Minneapolis, the devastation is even harder to grasp. Entire homes have washed away, cars remain overturned in the middle of rivers, and sides of mountains have vanished. Amidst this destruction, communities have taken it upon themselves to clear roads, cut up fallen trees for firewood, and ensure that their neighbors are cared for. Every church I passed was providing free clothing, food, and water to anyone who needed it.

Despite the overwhelming need, the people here do not ask for help. They continue to rebuild, quietly and resolutely. It’s only after establishing trust, after hearing that I once lived in these mountains, that they begin to accept the possibility of applying for government assistance. But time is of the essence. Our window to reach these communities, to offer them the help they need and deserve, is small. As we continue to assist at disaster recovery centers (DRCs), I hope we can extend our efforts deeper into these hard-hit areas, to build relationships and deliver aid before the door closes.

To my colleagues and partners, thank you for everything you are doing to support these efforts. Your work matters deeply, and together, we can make a difference in the lives of those who need it most.

Jonathan Perry

Managing Attorney

Legal Aid of North Carolina – Morganton Office

This column shares Jonathan Perry’s firsthand experience in the recovery efforts following severe flooding in Western North Carolina, emphasizing the resilience of the local community and the importance of building trust to provide effective aid.

Author: Helen Hobson

The Disaster Legal Services program is a partnership among the North Carolina Bar
Association and Foundation, Legal Aid of North Carolina, American Bar Association, and FEMA
to assist North Carolina residents affected by natural disasters.

A toll-free legal aid hotline is now available for survivors of Tropical Storm
Helene in North Carolina. Disaster Legal Services, which allows callers to request the
assistance of a lawyer, is a partnership between the North Carolina Bar Association and
Foundation, Legal Aid of North Carolina, the American Bar Association Young Lawyers Division,
and the Federal Emergency Management Agency.

Low-income survivors with disaster-related legal questions may call the disaster legal
assistance hotline at 866-219-5262. Callers should identify that they are seeking storm-related
legal assistance, ask for Disaster Legal Services assistance, and identify the county in which
they are located. Survivors who qualify for assistance will be matched with North Carolina
lawyers who have volunteered to provide free legal help.

Legal assistance is available for the following issue areas:

  • FEMA appeals
  • Disaster Unemployment Assistance and other disaster benefits
  • Insurance claims
  • Home repair contracts and contractor disputes
  • Contractor fraud and consumer protection matters
  • Replacement of wills and other important legal documents destroyed in the disaster
  • Mortgage-foreclosure
  • Landlord/tenant problems

Individuals who qualify for assistance will be matched with North Carolina lawyers who have
volunteered to provide free, limited legal help. Survivors should be aware that there are some
limitations on disaster legal services. For example, assistance is not available for cases that will
produce a fee (i.e., those cases where fees are paid part of the settlement by the court).

Major Disaster Declaration
A total of 26 North Carolina counties and tribes have been approved to receive federal
assistance in the wake of Tropical Storm Helene. The counties are: Alexander, Alleghany, Ashe,
Avery, Buncombe, Burke, Caldwell, Catawba, Clay, Cleveland, Gaston, Haywood, Henderson,
Jackson, Lincoln, Macon, Madison, McDowell, Mitchell, Polk, Rutherford, Transylvania,
Watauga, Wilkes and Yancey counties and the Eastern Band of Cherokee Indians (additional
counties may be added later).

People who sustained property damage, need immediate emergency assistance for essential
items (like food, baby formula, or water), or need immediate housing assistance as a result of
Tropical Storm Helene are urged to apply for FEMA assistance, as they may be eligible for
federal and state disaster assistance. People can apply online at DisasterAssistance.gov.
Applicants may also call the FEMA Helpline (1-800-621-3362). Tropical Storm Helene survivors
are also encouraged to review Legal Aid of NC’s resource website at
www.legalaidnc.org/helene.

Low-interest disaster loans from the U.S. Small Business Administration (SBA) are available for
eligible applicants. SBA helps businesses of all sizes (including landlords), private nonprofit
organizations, homeowners, and renters fund repairs or rebuilding efforts and cover the cost of
replacing lost or damaged personal property. Disaster loans cover losses not fully
compensated by insurance or other recoveries.

For more information, individuals may contact SBA’s Disaster Assistance Customer Service
Center by calling 800-659-2955, emailing disastercustomerservice@sba.gov, or visiting SBA’s
website at https://disasterloan.sba.gov/ela. Deaf and hard-of-hearing individuals may call 800-
877-8339.

For more information on North Carolina’s recovery, visit https://www.fema.gov/disaster/4827
and the North Carolina Department of Public Safety website at https://www.ncdps.gov/ourorganization/emergency-management/hurricane-helene.

Beware of Fraud
Both FEMA and the North Carolina Attorney General’s Office are warning North Carolina
residents of the risk of fraud and common scams in the wake of the severe weather. Common
post-disaster fraud practices include phony housing inspectors, fraudulent building
contractors, bogus pleas for disaster donations, and fake offers of state or federal aid. North
Carolinians are urged to ask questions and require identification when someone claims to
represent a government agency.

Survivors should also keep in mind that state and federal workers never ask for or accept
money, and always carry identification badges with a photograph. There is no fee required to
apply for or to receive disaster assistance from FEMA, the U.S. Small Business Administration
(SBA), or the state. Additionally, no state or federal government disaster assistance agency will
call to ask for your financial account information. Unless you place a call to the agency
yourself, you should not provide personal information over the phone as it can lead to identity
theft.

Those who suspect fraud can call the FEMA Disaster Fraud Hotline at 866-720-5721 (toll free).
Complaints may also be made to the North Carolina Attorney General’s Office Consumer
Protection Hotline at 877-566-7226.

Background
When the U.S. President declares a major disaster, FEMA, in cooperation with the American Bar
Association Young Lawyers Division, helps to establish a toll-free number for disaster survivors
to request legal assistance. Funding for the toll-free line comes from FEMA under the authority
of Section 415 of the Robert T. Stafford Disaster Relief and Emergency assistance Act (Public
Law 100-707). The American Bar Association Young Lawyers Division in turn partners with state
bar associations and other legal organizations to recruit volunteer lawyers in affected areas to
handle survivors’ cases. In North Carolina, the North Carolina Bar Association Young Lawyers
Division partners with Legal Aid of North Carolina to offer a disaster legal services hotline that
provides legal information and referrals for civil legal issues. Survivors should be aware that
there are some limitations on disaster legal services. For example, assistance is not available
for cases that will produce a fee (i.e., those cases where attorneys are paid part of the
settlement by the court).

Partner Organizations
The following organizations have joined forces to establish a toll-free phone line for North
Carolina Tropical Storm Helene survivors to request free legal assistance, and to provide
volunteer attorneys to handle cases arising from hurricane related damage.

North Carolina Bar Association and Foundation – The North Carolina Bar Association is a
voluntary organization of lawyers, paralegals and law students dedicated to serving the public
and the legal profession. The North Carolina Bar Foundation provides support to the Disaster
Legal Services pro bono project and North Carolina Bar Association volunteers. The NCBA
Young Lawyers Division, often referred to as the service arm of the NCBA, is involved in a
multitude of worthwhile projects and public service endeavors, including Disaster Legal
Services.

Legal Aid of North Carolina – Legal aid of North Carolina is a statewide, non-profit law firm
that provides free legal services in civil matters to low-income people in order to ensure access
to justice and to remove legal barriers to economic opportunity.

American Bar Association Young Lawyers Division – The ABA YLD, the largest national
organization of young lawyers, provides leadership in serving the public and the profession,
and promotes excellence and fulfillment in the practice of law. Its parent organization, the ABA,
is the national voice of the legal profession and one of the largest voluntary professional
membership groups in the world.

Federal Emergency Management Agency – FEMA coordinates the federal government’s role
in preparing for, preventing, mitigating the effects of, responding to, and recovering from all
domestic disasters, whether natural or man-made, including acts of terror. Through an
agreement with the American Bar Association, FEMA underwrites the cost of operating toll-free
legal assistance lines for survivors in areas designated as federal disaster sites.

Author: Helen Hobson

To our North Carolina community, 

As we navigate the challenging aftermath of Hurricane Helene, Legal Aid of North Carolina stands united with our neighbors in this time of need. We understand that the impact of this storm has been devastating, particularly in Western North Carolina, where many of us as well as our friends and families are experiencing significant loss. Our hearts are heavy for those affected, including our staff and local offices who are also feeling the effects of this disaster. Together, we share in the grief and uncertainty, and we are committed to being here for you as we all work towards recovery. 

Legal Aid of North Carolina and our Disaster Relief Project are ready to assist individuals and families across North Carolina. Our services will focus on several key areas of support: 

  • FEMA Applications and Appeals: We are here to assist those affected by disasters in navigating the process of applying for FEMA disaster benefits. Our team will stand by your side throughout any necessary appeals. Understanding the legal processes and required documents for eligibility—whether for temporary housing, loans for repairs, or other essential needs—can be challenging at any time, but it is especially difficult during an immediate crisis. 
  • Long-Term Support for Homeowners and Renters: Whether you’re a homeowner facing property damage or a renter dealing with displacement, our team is here to provide ongoing legal support as you work to rebuild and recover. 
  • Assistance for Long-Term Recovery Groups: Recovery after a disaster requires coordinated community efforts. Legal Aid of North Carolina is dedicated to supporting long-term recovery groups by guiding them in forming 501(c)(3) nonprofit organizations and providing general legal support to help navigate the complex disaster relief landscape. 
  • Fraud Support: In times of crisis, there are those who seek to exploit vulnerable communities. We will stand with victims of fraud, helping them navigate the legal landscape and take action against dishonest practices. 

Once it is safe to travel, our team will promptly deploy to Western North Carolina to provide immediate assistance and relief to the hardest-hit areas, ensuring that no community faces this disaster alone. 

Together, we will recover, rebuild, and restore our communities. If you or someone you know is in need of assistance, we encourage you to reach out to Legal Aid of North Carolina for support. We are here for you. 

To learn more about how you can get help, please visit legalaidnc.org/tropical-storm-helene-disaster-assistance. 

Sincerely, 
Legal Aid of North Carolina 

Author: Helen Hobson

Legal Aid of North Carolina (LANC) celebrates the first anniversary of its Innovation Lab—the first of its kind within a legal services organization. The Innovation Lab was established to identify and implement creative solutions to bridge the justice gap and modernize legal service delivery. In its inaugural year, the lab has made remarkable progress, particularly in serving rural and underserved communities.

The Innovation Lab’s mission is rooted in tackling the two major challenges facing legal aid programs: securing resources to serve more people and developing cost-effective ways to deliver legal help. By integrating technology, human-centered design, and data-driven insights, the lab operates as a hub of creativity, partnering with community organizations, law schools, justice tech experts, and clients to find innovative solutions to systemic issues.

The Legal Services Corporation (LSC) has recognized LANC’s innovative approach, highlighting it as a potential model for improving legal service delivery on its Talk Justice podcast, in an episode titled “The First Legal Aid Innovation Lab.” LSC has also supported this effort through a significant technology and innovation grant. The Innovation Lab serves as a blueprint for modernizing legal aid, offering practical strategies to better meet the needs of underserved communities across the country.

Over the past year, the lab has tackled barriers to access to justice through a variety of projects:

Key Achievements of the Innovation Lab:

  1. LANC-LIA: In partnership with LawDroid, the lab launched an AI-powered virtual assistant, delivering high-quality legal information and easy access to resources for communities across North Carolina.
  2. EZ Expunge Tool: The lab revamped the expunction petition process through a tech solution that helps individuals clear their criminal records, opening doors to new opportunities.
  3. LANCMobile: A mobile legal services unit was deployed to bring on-the-go legal assistance to remote and underserved areas of the state.
  4. LANC & Libraries: This partnership integrated legal resources and support services into local libraries, expanding access to justice for community members through a trusted, accessible institution.
  5. Rural Innovation Hub: The lab launched this hub to collaborate with clients, local, and regional partners to create a model for delivering legal services to rural communities.
  6. Innovation Olympics: The lab established the first-ever Innovation Olympics—a staff-driven program to foster a culture of creativity and cross-departmental collaboration.
  7. Innovation Fund: Created to support ongoing and future innovation projects, the fund ensures the lab’s continuous efforts to push the boundaries of legal services delivery.

As the lab entered its second year, it launched the National Justice Tech Form—a crowdsourcing platform shaped by input from legal services programs nationwide. This initiative fosters collaboration in developing technology solutions to address access-to-justice gaps, strengthening partnerships between legal services and the broader legal and justice technology community.

Scheree Gilchrist, LANC’s chief innovation officer, said, “Our first year has been a remarkable journey in transforming how we deliver legal services. We are excited to continue innovating, addressing challenges, and sharing these solutions on a national scale.”

The need for innovations like these is immense. The U.S. legal system does not guarantee the right to a lawyer in civil matters, and studies show that 92% of civil legal issues among low-income Americans receive little to no assistance. In North Carolina, around two million residents eligible for LANC services still face access barriers, particularly in geographically isolated regions.

A Look Ahead: Expanding on the Foundational Vision

The Innovation Lab was first conceived to address the overwhelming demand for legal help in North Carolina, particularly through the modernization of LANC’s helpline, which receives more than 360,000 calls annually. Of these, 260,000 calls go unanswered due to capacity limitations. The lab’s inaugural project aimed to reimagine this entry point to legal services, enhancing how individuals can access help via multiple platforms like text messaging and community partner networks. This remains a core focus as the lab continues to innovate ways to better serve North Carolinians.

As the lab marks this milestone, it reaffirms its commitment to using cutting-edge technologies, collaborative solutions, and data-driven insights to bridge the justice gap and serve as a national leader in legal services innovation.

To learn more about the Innovation Lab and its mission, visit legalaidnc.org/innovation-lab.

Author: Helen Hobson

Legal Aid of North Carolina (LANC) will host its annual Day of Giving on Sept. 25, 2024, a statewide campaign aimed at raising $100,000 to support vital legal services for individuals and families across all 100 counties in North Carolina. This year’s theme, #StandwithLANC, invites everyone to join the movement to support veterans, survivors of domestic violence, families, children, seniors, and others who cannot afford legal representation.

At LANC, we believe that access to justice is a right, not a privilege. Every donation helps us empower people who face life-altering challenges by providing them with critical legal support. The work we do changes lives—giving people the opportunity to stay in their homes, find safety, and secure brighter futures for themselves and their families.

How You Can Help:

  1. Donate – Contributions can be made directly at legalaidnc.org/donate or on LANC’s Just Giving page.
  2. Spread the Word – Share our social media posts or create your own using the hashtag #StandwithLANC. A toolkit with resources is available at legalaidnc.org/standwithlanc.
  3. Create a JustGiving Page – Click “Start Fundraising” at JustGiving to create your own fundraiser in support of Legal Aid of North Carolina. Share your personal story of why you stand with us!

“Every donation brings us closer to closing the justice gap in North Carolina,” says Helen Hobson, chief communications officer at LANC. “The funds raised will enable us to provide life-changing legal support to more people, ensuring that all North Carolinians—regardless of income—have the opportunity for a fair and just outcome.”

Join Us Online:

About Legal Aid of North Carolina
Legal Aid of North Carolina is a nonprofit law firm dedicated to providing free legal services in civil matters to low-income individuals and families. Our mission is to ensure equal access to justice for all North Carolinians, regardless of income.

For more information about the Day of Giving, visit legalaidnc.org/standwithlanc or contact Helen Hobson at HelenH2@legalaidnc.org.

Author: Helen Hobson

Innovative work to be distributed across 170 public television stations nationwide

Legal Aid of North Carolina (LANC) is proud to announce its selection to be featured in an upcoming segment of Viewpoint with Dennis Quaid, a leading educational television program that highlights stories and initiatives with the potential to make a difference in communities across the nation. The segment will focus on LANC’s work, including the Innovation Lab and LANCMobile, and will be distributed to over 170 public television stations across the United States for a full year, beginning on October 28, 2024.

As an organization dedicated to providing free legal services to North Carolina’s most vulnerable communities, LANC continues to lead with innovation. Through its Innovation Lab, LANC has developed tools such as LIA, an AI-powered virtual assistant and the revamped EZ Expunge tool, which are transforming how legal services are delivered. The LANCMobile, a mobile intake unit, extends access to legal support into the state’s most underserved areas, ensuring that more North Carolinians receive the help they need, no matter where they live.

“This feature on Viewpoint is a great opportunity to showcase how Legal Aid is using technology and innovation to better serve our communities,” said Helen Hobson, Chief Communications Officer at Legal Aid of North Carolina. “We hope it will bring attention to our mission and the critical services we provide across the state.”

Viewpoint with Dennis Quaid is renowned for producing top-quality programming focused on social and educational issues. Hosted by actor Dennis Quaid, the series emphasizes stories that educate and inspire audiences to take action. The creative team at Viewpoint is dedicated to delivering diverse, high-quality documentaries, making it a fitting platform to share LANC’s story and its mission to improve the lives of North Carolina’s residents through impactful legal services.

The segment featuring LANC’s work will be distributed to over 170 public television stations across the U.S. and will run for a full year, giving viewers the opportunity to learn about the essential services LANC provides and its ongoing commitment to breaking down barriers to justice.

Watch the Segment Below

Author: Helen Hobson

Español abajo

13 Former H-2A Workers Settle Human Trafficking and Wage Claims Against NC Employers with Assistance from Legal Aid of North Carolina

RALEIGH, N.C. – Thirteen former H-2A temporary agricultural workers have settled their federal human trafficking and wage claims with the assistance of Legal Aid of North Carolina’s (LANC) Farmworker Unit. The case, filed in the Eastern District of North Carolina (Martinez-Morales, et al. v. Lopez, Jr, et al., Case No. 5:22-cv-00187-BO), was brought against North Carolina employers Valentino Lopez, Jr. and Gilberto “Beto” Lopez, along with two farms they furnished workers to in 2020. In their complaint, the plaintiffs alleged violations of the Fair Labor Standards Act, the Trafficking Victims Protection Reauthorization Act, the North Carolina Wage & Hour Act, North Carolina anti-human trafficking laws, and the common law of contract.

The farmworker plaintiffs alleged that, in 2020, the Lopez brothers made fraudulent promises regarding wages and working conditions. These promises persuaded the plaintiffs to pay exorbitant fees and incur additional debt for visas and inbound travel-related expenses to travel from their hometowns in Mexico to North Carolina to work for the defendants.

Upon arrival in North Carolina, the plaintiffs alleged that Valentino Lopez, Jr. exploited their financial vulnerability by seizing their passports and withholding their Social Security cards. They claimed he used threats of deportation to coerce them into working involuntarily for wages significantly below the mandated H-2A visa wage rate, some weeks below the federal minimum wage, and occasionally without any compensation at all. Additionally, one plaintiff alleged sex trafficking by Valentino Lopez, Jr.

With support from LANC, the plaintiffs reached settlement agreements with the Lopez brothers and two North Carolina berry farms, Hannah Forrest Blueberries, LLC, and Ronnie Carter Farms, Inc., for a total of $150,000. The settlements include minimum wage-related damages for six additional opt-in plaintiffs in addition to the 13 named plaintiffs. The settlements also included commitments from the farms to:

  • Develop and disseminate a sexual harassment/sexual assault policy;
  • Install workers’ rights posters and posters from the North Carolina Human Trafficking Commission at all labor camp sites;
  • Increase supervision of contractors’ reimbursement payments for H-2A workers’ fees and travel expenses; and
  • Prohibit the confiscation of workers’ passports.

Furthermore, the Lopez brothers agreed never to participate in the H-2A program again. Prior to the date of these settlements, U.S. Department of Labor’s Wage and Hour Division announced that they assessed $62,531 in civil penalties against Valentino Lopez, Jr. and recovered $58,039 in owed wages for 72 workers following widespread violations of the federal H-2A program, as revealed by the plaintiffs’ interviews with the Department.

Aaron Jacobson, Supervising Attorney for LANC’s Farmworker Unit, commented, “Our office has seen a marked increase in cases involving human trafficking in agriculture, particularly in eastern North Carolina, in recent years. It is our hope that, as a result of the determination and commitment of these clients, others in similar schemes will find courage and inspiration.”

Jose Cruz Martinez-Morales, the lead plaintiff, shared his experience, saying, “Nothing that was promised was ever fulfilled. I was totally deceived. They had made promises, and they failed to deliver on them. In my personal experience, I was afraid…they had threatened us with deportation. So, all of us, we did have fears, but we went forward with our case anyway, and now we have come this far…So don’t be afraid. The farmworkers’ rights have to be respected under the law.”

Marisol Florencio-Gutierrez, another plaintiff, added, “With this case, my coworkers and I put ourselves in danger…and, with the news of these settlements, other workers can also see that they can defend themselves and that they do not just have to do what their employer tells them to. They have rights and they can defend themselves.”

LANC remains committed to fighting for the rights of farmworkers and ensuring that justice is served.

###

13 Ex-empleados H-2A Resuelven Reclamos de Trata de Personas y Reclamaciones de Salario Contra Empleadores de Carolina del Norte con la Asistencia de Ayuda Legal de Carolina del Norte

RALEIGH, N.C. – Trece ex-empleados trabajadores agrícolas temporales H-2A han resuelto sus reclamos federales de trata de personas y reclamaciones de salario con la asistencia de Ayuda Legal de Carolina del Norte (LANC) División para Trabajadores Agrícolas. El caso, presentado en el Tribunal del Distrito Oriental de Carolina del Norte (Martinez-Morales, et al. v. Lopez, Jr, et al., Caso No. 5:22-cv-00187-BO), fue brindado contra los empleadores de Carolina del Norte Valentino Lopez, Jr. y Gilberto “Beto” Lopez, junto con otras dos granjas a las que proporcionaron trabajadores en el 2020. En su demanda, los demandantes alegaron violaciones de la Ley Federal de Normas Laborales Justas, Ley de Reautorización de la Protección de Víctimas de la Trata de Personas, Ley de Salarios y Horas de Carolina del Norte, leyes contra la trata de personas de Carolina del Norte, y el derecho común de contrato.

Los trabajadores agrícolas demandantes alegaron que, en 2020, los hermanos Lopez hicieron promesas fraudulentas sobre salarios y condiciones de trabajo. Estas promesas convencieron a los demandantes a pagar comisiones exorbitantes e incurrir en deudas adicionales para cubrir las visas y los costos relacionados con el viaje desde sus ciudades en México hasta Carolina del Norte para trabajar para los demandados.

Al llegar a Carolina del Norte, los demandantes alegaron que Valentino Lopez, Jr. explotaron su vulnerabilidad económica confiscando sus pasaportes y reteniendo sus tarjetas de Seguro Social. Afirman que él usó amenazas de deportación para forzarlos a trabajar involuntariamente por salarios significadamente por debajo del salario estipulado para visa H-2A, algunas semanas por debajo del salario mínimo federal, y en ocasiones sin ninguna compensación. Adicionalmente, un demandante alega ser objeto de trata sexual por Valentino Lopez, Jr.

Con apoyo de LANC, los demandantes llegaron a un acuerdo de resolución con los hermanos López y dos granjas de bayas de Carolina del Norte, Hannah Forrest Blueberries, LLC. y Ronnie Carter Farms, Inc., para un total de $150,000. Los acuerdos incluyen indemnizaciones por daños y perjuicios relacionados con el salario mínimo para otros seis demandantes que optaron agregarse al acuerdo en adición a los 13 demandantes nombrados. Los acuerdos también incluyen compromisos por parte de las granjas de:

  • Desarrollar y difundir una política de protección contra el acoso sexual/agresión sexual;
  • Instalar carteles sobre los derechos de los trabajadores y carteles de la Comisión de Trata de Personas de Carolina del Norte en todos los campos laborales;
  • Aumentar la supervisión de los pagos de reembolso de los contratistas a los trabajadores H-2A para gastos y costos de viaje, y
  • Prohibir la confiscación de los pasaportes de los trabajadores.

Además, los hermanos López acordaron no volver a participar en el programa H-2A otra vez. Antes de la fecha de estos acuerdos, el Departamento del Trabajo de los Estados Unidos, División de Salarios y Horas anunció que evaluaron $62,531 en sanciones civiles contra Valentino Lopez, Jr. y recuperaron $58,039 en salarios adeudados a 72 trabajadores debido a múltiples violaciones del programa federal H-2A, como fue revelado por las entrevistas de los demandantes con el Departamento.

Aaron Jacobson, abogado supervisor de la División para Trabajadores Agrícolas de LANC, comentó, “Nuestra oficina ha visto un marcado aumento en los últimos años en los casos relacionados con la trata de personas en la agricultura, en particular en el este de Carolina del Norte. Es nuestra esperanza que, como resultado de la determinación y el compromiso de estos clientes, otros en esquemas similares encuentren valentía e inspiración.”

Jose Cruz Martínez Morales, el demandante principal, compartió su experiencia diciendo “Nada de lo prometido se cumplió. Fui completamente engañando. Ellos me hicieron promesas y fallaron en cumplirlas. En mi experiencia personal yo tenía miedo … ellos nos habían amenazado con deportación. Así que todos nosotros teníamos miedos, pero seguimos adelante con nuestro caso de todos modos y ahora hemos llegado hasta aquí … así que no tengan miedo. Los derechos de los trabajadores agrícolas tienen que ser respetados bajo la ley.

Marisol Florencio Gutiérrez, otra demandante, agregó “con este caso mis compañeros de trabajo y yo nos pusimos en peligro … y, con el anuncio de estos acuerdos, otros trabajadores también pueden ver que se pueden defender y que no tienen que hacer lo que su empleador les dice. Ellos tienen derechos y se pueden defender.”

LANC mantiene su compromiso de pelear por los derechos de trabajadores agrícolas y garantizar que se haga justicia.

Author: Helen Hobson

RALEIGH, NC, July 10, 2024 — Legal Aid of North Carolina (LANC) announces the launch of LANC-LIA (Legal Information Assistant), pronounced “Leah,” an AI-powered virtual assistant on its website, legalaidnc.org. Developed in LANC’s Innovation Lab in collaboration with LawDroid, LANC-LIA is designed to provide efficient and high-quality legal information to underserved communities.

Technology is an essential component to the delivery of legal services, with AI poised to revolutionize operations. LANC’s new virtual assistant enhances online services by providing reliable information, multilingual answers to general civil legal questions, and referrals to additional resources.

“The integration of AI into our services marks a transformative step in our ongoing efforts to close the justice gap ” said Scheree Gilchrist, Chief Innovation Officer at LANC.

The “justice gap” refers to the disparity between the civil legal needs of low-income Americans and the resources available to meet those needs. With 92% of substantial civil legal needs unmet, LANC’s innovative use of AI aims to address this gap cost-efficiently and effectively.

LANC-LIA automates routine communications and provides self-service options for simple legal matters, streamlining the overall client experience.

“LANC-LIA will make our website much more user-friendly and our self-help resources more accessible,” said Helen Hobson, Chief Communications Officer at LANC.

Focusing on high-demand areas such as domestic violence, child custody, landlord-tenant issues, and consumer law, LANC-LIA employs advanced natural language processing algorithms to understand and respond to user queries accurately. Powered by state-of-the-art models like GPT-4 and BERT, and supported by LawDroid’s robust technical infrastructure, LANC-LIA ensures precise and relevant responses.

Prior to its launch, LANC-LIA underwent comprehensive user testing with clients, lawyers, and law students from Vanderbilt Law School’s AI Lab (VAILL) to ensure both accuracy and accessibility.

LANC-LIA represents a significant step towards enhancing access to justice. By offering a user-friendly interface for legal information, it empowers individuals to navigate their legal issues with greater ease and confidence. As LANC continues to innovate and refine its AI capabilities, the impact on the communities it serves is expected to grow, fostering greater empowerment and access to legal resources for all.

You can access LANC-LIA here or by visiting our website legalaidnc.org.

Please note, LANC-LIA does not provide legal advice. Individuals should consult with an attorney for any specific legal questions.

Author: Helen Hobson

Legal Aid of North Carolina (LANC) is proud to announce that Rona Karacaova, Managing Attorney of its Immigrant Pathways for Victims (IMMPAV) project, has been honored with the North Carolina Bar Association’s Greenblatt Outstanding Legal Services Attorney Award. This award recognizes a full-time attorney employed by a legal services program in North Carolina who has made exemplary contributions to providing legal assistance to meet the needs of the state’s impoverished population.

The award is named in honor of Deborah Greenblatt, an advocate who served as the executive director of Carolina Legal Assistance for over two decades, championing the rights of individuals and children with disabilities.

For over 20 years, Karacaova has led IMMPAV, a project that fiercely advocates for the rights of abused and trafficked immigrant victims. She was the first legal services attorney in North Carolina to represent victims under the U nonimmigrant status (U visa), a remedy for victims of crimes who have suffered mental or physical abuse. For many years, she and her staff were the sole free legal services providers representing victims eligible for U Visa status. Today, she leads an 11-person team managing over 1,400 open cases, referred by law enforcement agencies including the FBI, immigration judges, the Department of Social Services, and the U.S. Attorney’s Office.

Before her tenure at LANC, Karacaova worked with Connecticut Legal Services and Legal Services of Southern Piedmont. She earned her B.A. in International Relations from Tufts University in 1993 and her J.D. from the UNC-Chapel Hill School of Law in 1998. Her early career included international experience with the UN High Commissioner for Refugees in Ankara, Turkey, where she interviewed Iranian and Iraqi asylum seekers, and served as the Assistant Director of a Bosnian refugee camp on the Bulgarian border of Turkey.

“Rona is leading a team that does life-changing work. She empowers some of the most vulnerable people in our society,” said Ashley Campbell, CEO of LANC. “We are so proud to call Rona our colleague. She inspires us all.”

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