In the Press
Three Young Activists Who Never Worked in an Auto Factory Helped Deliver Huge Win for the UAW
Published: Wall Street Journal
By: Nora Eckert
October 30, 2023
New York labor attorney Ben Dictor, 36, was heavily involved in the union’s biggest break from the past: holding talks with the three big automakers simultaneously. For decades, the UAW had picked one company to negotiate a new contract, and then used those terms as a template for the other two automakers. This time, the union combined talks to pit the companies against one another and accelerate deals with all three.
As the union’s top attorney on the labor negotiations, he advised about working under an expired contract, a byproduct of the union’s strike strategy that had some workers on strike while others at the same company remained on the job. “You are the union’s eyes and ears in your facility. We are asking you to be on alert for any changes the company may be making now that the contract has expired,” Dictor advised members in a September video.
Punching In: NLRB Lawyer Advances Efforts to Beef Up Remedies
Published: Bloomberg Law
By: Robert Iafolla
February 21, 2023
NLRB prosecutors called for a series of changes, most notably adopting the requirement that management officials read the notice in front of workers as a standard part of the remedy. The NLRB currently orders notice readings—which can also be fulfilled by an agency staffer reading the notice in the presence of management and workers—in response to egregious labor law violations
Standardized notice reading would help separate the NLRB’s notice from the many other legal notices posted in the workplace, said union-side lawyer Benjamin Dictor of Eisner Dictor & Lamadrid PC.
“It’s encouraging and hopefully a sign of things to come to see the GC’s office trying to expand available remedies,” Dictor said. “It’s a nice start. It would be great to see meaningful remedies that actually encourage employers to follow the law.”
Union Strike Power Under Threat as Supreme Court Mulls Labor Law
Published: Bloomberg Law
By: Robert Iafolla
October 11, 2022
Although Glacier Northwest’s Supreme Court petition seeks a relatively limited exception, the justices could go big and do away with the Garmon doctrine entirely, some legal observers said.
Such a move would have enormous consequences to labor-management relations.
“A country without Garmon preemption would look a lot like the country before the National Labor Relations Act,” said Benjamin Dictor, a union-side attorney with Eisner Dictor & Lamadrid PC.
The 2022 NYC Labor Power 100 | The leaders behind a revitalized labor movement in the city
Published: City & State
September 6, 2022
Not many lawyers can brag about securing a deposition with former President Donald Trump – but Benjamin Dictor can. Dictor represented four New Yorkers of Mexican descent who claimed that Trump’s security guards attacked them and disrupted their protest outside Trump Tower in 2015. A partner at the boutique employment law firm Eisner Dictor & Lamadrid, Dictor has also counseled a number of influential unions, including the Retail, Wholesale and Department Store Union and the United Auto Workers.
The Legal Offensive on the Right to Strike
Published: Jewish Currents
By: Aparna Gopalan
October 20, 2022
“It’s certainly important for unions and union lawyers to fight the good fight through the courts. But I personally think that one of the most important things any labor lawyer can do for the unions they represent is to keep the fight out of the courtroom as much as possible. Labor’s home field advantage is on the shop floor.
It’s important to remember that the NLRA came into being not as some benevolent act by the government to give rights to workers, but rather as a legislative tool intended, in part, to mollify the working class in an era of escalating militancy—a time of mass sit-down strikes and shop floor actions across the country. What the NLRA did was take the fight away from the shop floor and center it in the courtroom and at the bargaining table. Industry and capital were the primary—perhaps the exclusive—beneficiaries of this kind of labor peace.” - Benjamin Dictor.
Trump settles lawsuit over security guards’ scuffle with protesters
Published: Washington Post
By: Adela Suliman
November 3, 2022
“Plaintiffs are proud to have settled their claims and to have obtained written recognition by Donald Trump of their right to protest on the public sidewalk,” their attorney, Benjamin Dictor, told The Washington Post in a statement Thursday.
“Powerful men may put their names on buildings, but the sidewalk will always belong to the people,” Dictor added.
UPS Illegally Withheld Worker Contact Info, NLRB Judge Says
Published: Law360
By: Beverly Banks
April 28, 2022
Ben Dictor, counsel for Local 804, said the union had requested basic information from UPS, and the judge's ruling "reinforces age-old board law" about a union's right to seek documents to represent its members.
"The judge's decision makes clear that the union is entitled to that information and in fact, advocating on behalf of employees' legal rights is an appropriate function of their collective bargaining representative," Dictor told Law360 on Thursday.
Meet the only lawyer who's managed to sit Donald Trump down for a deposition since the 2016 election
Published: Business Insider
By: Laura Italiano
May 4, 2022
Now, with New York Attorney General Letitia James fighting for his testimony — and members of the January 6 Committee circling close with subpoenas of their own — they could all take some inspiration from Manhattan lawyer Benjamin Dictor.
In the years since Trump's 2016 election, Dictor alone has succeeded in getting the former president to sit down at a conference table, raise his right hand and swear to tell the truth in a deposition.
Trump Is Interviewed for 4.5 Hours in Protesters’ Lawsuit
Published: New York Times
By: Jonah E. Bromwich
Oct 19, 2021
The questioning took place in a conference room on the 25th floor of Trump Tower in Manhattan on Monday, according to one of the plaintiffs’ lawyers, Benjamin N. Dictor.
“We think that the fact that Donald J. Trump sat for deposition yesterday is a significant point, simply because this is the first time that the former president has been subject to judicial process since taking office,” Mr. Dictor said.
Union Hits NYT With Unfair Labor Charge Over Holiday Pay
Published: Law360
By: Beverly Banks
January 6, 2022
Attorney Benjamin Dictor told Law360 on Wednesday that he suspected employees "will be revolted by the fact that the New York Times is leveraging Juneteenth and Indigenous Peoples Day as a means of anti-union propaganda."
What Does Workplace Retaliation Look Like?
Published: Teen Vogue
By: Rainesford Stauffer
April 7, 2022
“The workplace in modern America is a terribly imbalanced place when it comes to the power dynamic,” says Benjamin Dictor, a labor lawyer. (Disclosure: Dictor is counsel for the News Guild of New York, which represents workers at several publications owned by Teen Vogue publisher Condé Nast.)
What the Supreme Court decision means for workers — especially if you work at a private company
Published: Mic.Com
By: James Dennin
May 22, 2018
“It’s giving the green light to people like Harvey Weinstein,” Benjamin Dictor, an attorney who represents labor unions, said. “An employer [can now] force employees into binding arbitration, where they know they have significantly more power than the employee and significantly more resources and can hide their misdeeds.” (Editor’s note: Dictor’s clients include the Mic editorial union.)
Organizing the Corner: How Williamsburg’s Female Housecleaners Are Fighting for Higher Wages
Published: The Village Voice
By: Cole Strangler
August 8, 2016
“Some of the strongest unions in American history started with what people might consider itinerant work,” Dictor says. “People showing up at the dock and waving their hand in the air asking to be picked to unload a ship turned into one of the strongest and most influential unions in the United States. And it’s innovative on the part of this group to look at domestic work as having that potential, as something that has always been here, will always be here, and is an important part of the economy and labor force that has not been organized.”
College of New Rochelle faculty laid off amid financial crisis gets favorable court ruling
Published: Rockland/Westchester Journal News
By: Colleen Wilson
February 21, 2019
“The judge found that the college's failure to follow the [faculty handbook procedures] ... was irrational, arbitrary and capricious,” said Gene Eisner, a lawyer with Eisner & Dictor who represented the laid-off professors, and two faculty governance bodies”
Report: 1 In 20 NY Workers Get Paid Less Than Minimum Wage
Published: Gothamist
By: Nathan Tempy
May 15, 2017
“For lawyers who represent victims of wage theft, these numbers are not surprising," said labor lawyer Ben Dictor of the firm Eisner & Dictor. "The government would never tolerate a crime of this magnitude if the victims were the wealthy business owners instead of the working class."
A case against Trump is going to trial. Attorneys want a judge to force him to testify.
Published: Washington Post
By: Deanna Paul
January 31, 2019
“The law gives plaintiffs a right to the testimony of every defendant in the case. By our motion today, we have asked the court to secure that right and affirm the principle that no one, including defendant Trump, is above the law,” said Roger J. Bernstein and Benjamin N. Dictor, attorneys for the plaintiffs.
Teacher's Bid to Rescind Retirement Granted After City Waits Years to Address It
Published: New York Law Journal
By: Jason Grant
February 25, 2019
Benjamin Dictor of Eisner & Dictor in Manhattan, counsel to Joyce, said Monday that the panel’s decision represents “a long overdue outcome for Mr. Joyce.”
Dominicana demanda compatriota por explotarla con 57 horas de trabajo y bajo salario desde el 2004
Published: El Sol Santiago
By: Miguel Cruz Tejada
April 4, 2014
El abogado de Ortiz, Benjamin Dictor, dijo que Minaya, violó las leyes laborales de Estados Unidos, manteniendo a la empleada en condición de explotada. “Ahora, ella está en las calles tratando de conseguir justicia en los tribunales”, agregó el jurista.
Trump and security team must face claims of assault on Mexican protesters, judge says
Published: Washington Post
By: Deanna Paul
August 21, 2018
Bronx Supreme Court Judge Fernando Tapia denied Trump’s motion to dismiss allegations of assault and battery and destruction of property, saying that a jury could find that Trump “authorized and condoned” the guards’ conduct. The case was brought against six defendants, including then-presidential candidate Trump, the Trump Organization and Trump security director Keith Schiller, three months after Trump announced his candidacy.
Vegan Restauranteur, Wanted For Theft, Tax Fraud, Brought Down By Cheesy Pizza Order
Published: Forbes
By: Kelly Phillips Erb
May 23, 2016
While the couple allegedly supported their high-end lifestyle with company funds, they left out a fairly critical piece: they failed to pay the restaurant's 98 employees for nearly five months. During those months, Melngailis and Strangis provided excuses and promises - but no money.When paychecks bounced in January 2015, the staff finally refused to work anymore, and the business closed. Dictor, who represents many of those employees, referred to her as “the vegan Bernie Madoff.”
Ellen's Stardust Diner Is Still Serving Drama
Published: Jezebel
By: Aimee Lutkin
July 17, 2017
But employees are suggesting the sudden accusation is a retaliation for that class-action lawsuit being brought by Stardust Family United, a group of workers at the restaurant who have never officially sought federal certification as a union, but who are collectively suing Ellen’s Stardust Diner. Their attorney, Ben Dictor, told the Post that these accusations of theft are meant to “chill other people’s participation” in the worker’s lawsuit, which accuses the owner’s of abusing, withholding and wrongfully distributing their tips.
How Will These New Freelancer Protections Work, Exactly?
Published: Gothamist
By: Aimee Emma Whitford
November 4, 2016
Benjamin Dictor, an attorney with the labor law firm Eisner & Dictor, represents unions and individual workers. He urged anyone who thinks they might qualify to exercise these new rights. "Creative cases can advance the law," he said. “The law might be written by a legislative body, but it is plaintiffs that advance it and develop it. Anyone who thinks that their rights have been violated should seek legal counsel.”
Trump Tower Protesters Subpoena President in Assault Case
Published: Daily Beast
By: Kate Briquelet
January 30, 2019
Benjamin Dictor, one of the protesters’ attorneys, told The Daily Beast that the trial subpoena is “self-enforcing” per New York law. “Since we have been told that he plans to disobey [the subpoena] we have filed court papers preemptively,” Dictor said, adding that “disobedience of a valid subpoena is in violation of New York law.”
Harlem restaurant server was sexually harassed on the job and bosses did nothing: lawsuit
Published: New York Daily News
By: Victoria Bekiempis
March 20, 2018
A former server at Harlem hotspot Corner Social was “angrily shoved” by a male co-worker when she told him to stop touching her, a $6 million sexual harassment lawsuit alleges
14,000 Uber, Lyft Drivers Come Out In Support Of Unionizing
Published: Gothamist
By: Nathan Tempey
September 28, 2016
Labor lawyer Ben Dictor, a partner at the firm Eisner & Associates, explained in an email that while independent contractors lack formal bargaining rights, "becoming a member can give an independent contractor access to benefits and a stronger, collective voice within their industry." He continued: “One could see how this could be particularly useful from an advocacy and industry standards perspective for workers who, like cab drivers, work alone for significant parts of their workday. Joining a union is one way to pool economic and political power to push the industry forward.”
Fired Ellen's Stardust Diner Servers Will Return To Spotlight
Published: Patch
By: Noah Manskar
October 5, 2017
More than a dozen singing servers at Ellen's Stardust Diner will return to the greasy-spoon spotlight after mass firings at the landmark Midtown restaurant. The diner has reached a settlement with a group of 31 fired workers in a federal labor case the servers filed with the National Labor Relations Board last year, a union for the servers said Wednesday.
“The right of workers to organize is precious and these inspiring servers fought hard to defend it,” the union's lawyer, Benjamin Dictor, told Patch in an email.
The struggle has no borders: immigrant workers battle union busting tactics
Published: The Guardian
By: Sadhbh Walshe
March 1, 2016
A New York protest against a corporate restaurant chain highlights an effort of David v Goliath proportions amid a ‘virulent anti-labor campaign’
HWCA’s lawyer Benjamin Dictor has also stated that Diamond’s CEO, Johann De Villiers, was the lead bargaining representative of the company until as recently as November 2015.
Trump security guards assaulted protesters on NY sidewalk, lawsuit claims
Published: Reuters
By: Emily Flitter
September 9, 2015
Five people are suing Republican presidential candidate Donald Trump claiming his private security team assaulted them on a Manhattan sidewalk as they protested outside Trump’s office, according to a filing on Wednesday in New York state court.
“Trump may own the building but the sidewalk belongs to the people,” said Benjamin Dictor, a lawyer for the group.
Dirty Dishes: The Laundry Workers Center Aims to Make Another Workplace Cleaner
Published: In These Times
By: Sarah Jaffe
June 7, 2013
The company, Dictor says, is “saber-rattling” that it is going to pull out of mediation because of this week's actions, but he says the workers still want to negotiate. All they want, he says, is for their boss to sit down with them and talk. “The workers have been extending their hand since Day One to seek a negotiated resolution to these issues,” Dictor says. “The company has fought them at every turn.”
A Matter of Survival: The Hand That Feeds shows the potential and challenges of low-wage worker organizing.
Published: Jacobin
By: Micah Uetricht
June 2015
That resonance with some of the key labor struggles in the US is what sets The Hand That Feeds apart from other deeply moving, masterfully crafted documentaries. The film is an affecting portrait of how average workers — apolitical, shy, suspicious of collective action, fearful of their bosses, and unaware of their own power — become militants who march in the streets, confront their bosses, and partner with young activists who occupy their workplace.
The film tells the story of how the workers, with the help of Arán, Nastaran Mohit (another LWC organizer), and union lawyer Ben Dictor, move from isolation and resignation to fighting for a union — the Hot and Crusty Workers Association.
Mexicanos llevan delantera a Trump en los tribunales
Published: Telemundo
By: Zaira Cortes
August 23, 2018
Las imágenes le dieron la vuelta al mundo y acaparó los titulares durante semanas. Un migrante mexicano, conocido por su activismo en la Gran Manzana, recibió un puñetazo de un guardia de seguridad del presidente Donald Trump frente a la Trump Tower de Nueva York en 2015.
El grupo de mexicanos que entabló la querella celebró la decisión de un juez de la Corte Suprema de El Bronx que falló a su favor.
Un mexicano obtiene victoria legal en contra de Donald Trump
Published: Spectrum | New York 1
August 22, 2018
“El juez ha dicho que nuestros clientes van a tener la oportunidad de llevar sus reclamos a la corte y a una prueba enfrente de un jurado del box, pero además Trump personalmente, además su organización y su campaña pueden ser responsables porque Schiller como guardaespaldas de Trump, estaba trabajando para Trump”, apunta Lamadrid.
Inmigrantes de Nueva York demandan a Trump y ganan el “primer round”
Published: La Opinion
August 22, 2018
En 2015, Efraín Galicia participó en una protesta frente a la Torre Trump contra el entonces aspirante a la presidencia de los Estados Unidos, Donald Trump, donde fue agredido por un elemento de seguridad del ahora presidente.
Los abogados de los inmigrantes, Roger Bernstein y Benjamin Dictor, confirmaron que pedirán indemnización por daños y perjuicios a las víctimas.
Trump no podrá evadir la demanda de unos mexicanos por una agresión de su equipo de seguridad
Published: Univision
By: Blanca Rosa Vilchez
August 22, 2018
El suceso ocurrió en el año 2015 durante una protesta frente a la torre Trump de Nueva York. Keith Schiller, entonces jefe de seguridad del candidato Trump, golpeó a los manifestantes en un forcejeo. Ahora un juez dijo que los manifestantes tienen derechos de demandar a Trump por la actuación de su personal.