CIVIL LEGAL AID SUPPORTS FEDERAL EFFORTS TO HELP

KEEP AMERICA WORKING

CASE STUDY: KEEP AMERICA WORKING

WHITE HOUSE LEGAL AID INTERAGENCY ROUNDTABLE ▪ http://www.justice.gov/lair ▪ APRIL 2015

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THE NEED

Every American who wants a job should be able to work. People with jobs should feel secure in their work 

and able to advance in their career, and those who lose their jobs should be supported until they are back 

at work again. While our economy is growing, too many Americans still face challenges securing 

employment or addressing job-related issues while employed. 

People seeking work are vulnerable to fraudsters peddling “work at home schemes” and low-quality 

vocational schools that collect federal student aid dollars, but then fail to provide graduates with the skills 

they need to find a job. Victims can be left with substantial debt and no job prospects. Others re-entering 

the work force after a period of incarceration face significant barriers to employment like securing housing 

or continuing their education. Many people with steady employment also face hardships. Some 

employers misclassify workers, calling them independent contractors instead of employees, and leading

to a denial of critical protections including family and medical leave, overtime, minimum wage and 

unemployment insurance. Additionally, many people -- looking for employment or on the job -- find 

themselves victims of illegal discrimination based on race, gender, national origin, age, sexual orientation 

or disability. 

EXAMPLES OF THE FEDERAL RESPONSE

Since the Great Recession, the Federal Government has taken decisive action to bolster economic 

growth by promoting jobs and job security. 

The Department of Labor (DOL), in coordination with the U.S. Departments of Education (ED) and Health 

and Human Services (HHS), administers the recently enacted Workforce Innovation and Opportunity Act 

(WIOA). WIOA helps job seekers access employment, education, training, and supportive services to 

succeed in the labor market and to match employers with the skilled workers they need to compete in the 

global economy. It also ensures continuation of the network of American Job Centers that offer job 

training, education and employment services for unemployed and underemployed workers and youth 

looking for work.

DOL’s Misclassification Initiative works to combat misclassification of employment status and restore 

benefits to those wrongly denied them as a result. To combat discrimination, the DOL Office of Disability 

Employment Policy (ODEP) works to enhance the capacity of the workforce system to provide 

employment services to people with disabilities.

The HHS Office of Family Assistance administers the Temporary Assistance for Needy Families program 

(TANF), helping needy families achieve self-sufficiency, including support for job preparation and 

employment.

The Federal Trade Commission (FTC) is on the front lines of the fight against fraudulent employment 

schemes. The FTC also educates the public about fraudulent business opportunities, diploma mills, and 

other scams to help job-seekers avoid fraud.

The Department of Justice and DOL fund reentry initiatives, such as Second Chance Act and 

Reintegration of Ex-Offenders, in communities around the country. These grants support job training –

and other important strategies and services -- designed to reduce recidivism by improving outcomes for 

people returning from prisons, jails, and juvenile facilities.

Evidence suggests that legal interventions such as expungement and 

reducing a felony to a misdemeanor, stem the decline in earnings and 

may even boost earnings. Halting the decline in earnings suggests that 

the interventions make a meaningful difference in people’s lives and are 

key components of an effective employment reentry strategy.

~Jeffrey Selbin and Justin McCrary, University of California, Berkeley School of Law 

Got Clean Slate? New Study Suggests that Criminal Record Clearing May Increase Earnings (2014)
CASE STUDY: KEEP AMERICA WORKING

WHITE HOUSE LEGAL AID INTERAGENCY ROUNDTABLE ▪ http://www.justice.gov/lair ▪ APRIL 2015

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Legal aid is essential to closing persistent opportunity

gaps and to creating shared prosperity in an economy 

that works for everyone. 

~ Secretary Thomas Perez, U.S. Department of Labor

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Legal Aid Helps

• Represent workers to secure the wages and benefits they are entitled to, including unpaid 

wages and unemployment benefits.

• Expunge or seal criminal records, reinstate a revoked or suspended driver’s license, 

untangle outstanding court debt issues, modify child support orders, and secure 

certificates of rehabilitation for people previously incarcerated, dramatically increasing their 

ability to obtain and keep a job.

• Represent employees who are misclassified on the job before state and Federal agencies, 

ensuring that workers receive appropriate benefits.

• Educate consumers about fraudulent employment and education schemes and report cases 

to the FTC for possible enforcement.

• Advise job seekers or employees who are discriminated against in the work place.

• Stabilize lives by preventing illegal evictions or foreclosures, resolving credit report 

problems, obtaining child support and custody orders or securing domestic violence 

restraining orders, improving people’s chances for steady employment.

Legal Aid gets Dad Back on 

Road to Work

Lawyer’s Help Clears Barriers for 

Working Mom

After five years working as a delivery driver for a 

home improvement chain, “Joe” lost his job when 

his driver’s license was suspended because medical 

expenses for his prematurely-born daughter left him 

unable to pay outstanding traffic fines. 

SonomaWORKS, Sonoma County’s HHS-funded 

welfare-to-work program, referred Joe to what 

seemed like a perfect job as a delivery driver for a 

parts store. When the employer offered him a 

position contingent on securing a driver’s license, he 

sought help from Legal Aid of Sonoma County. 

With funding from California’s TANF program, Joe’s 

legal aid lawyer successfully arranged an affordable 

payment plan for a reduced bail amount so Joe 

could pay off his fines and get his drivers license 

reinstated. Thanks to the legal and employment 

services provided through SonomaWORKS, Joe 

once again became self-sufficient.

“Francesca,” a 21 year-old single mother of two 

children, received a job offer to work at a major 

bank’s call center. But when a background check 

revealed a 3-year old municipal ticket for retail 

theft, she lost the offer. When she was 18, she 

got the ticket for taking $20 worth of clothing from 

a former retail employer. At the time, she paid the 

fine understanding the municipal ticket was not a 

crime. DOL Face Forward grantee WestCare 

Wisconsin, referred Francesca to their partner, 

Legal Action of Wisconsin, for help. Within one 

month, her attorney got the municipal ticket case 

reopened and dismissed. After the attorney 

submitted proof of the dismissal to the state 

criminal investigation bureau clearing Francesca’s 

criminal background report, the bank hired 

Francesca. After less than 8 months on the job, 

Francesca even got a raise.