The New York City Comptroller’s Office reached a settlement with 11-51 47th Real LLC, The Board of Managers of the Jackson Condominium, and Choice NY Property Management LLC (Choice Management) for 421-a prevailing wage violations regarding wage theft from building services workers in Hunters Point, Queens. The settlement payments total $119,005.54, including benefits and interest.
“Companies cannot expect to reap tax breaks like 421-a and not pay their employees the required wages and benefits. This disregard for the law will not be tolerated, and this settlement serves as a warning to all companies that they must follow the law when it comes to fair compensation,” said Comptroller Brad Lander.
“This settlement is a reminder that buildings receiving tax exemptions from the state must pay their building services employees prevailing wages and benefits. Our investigation found Choice Management avoided paying their workers’ legally mandated benefits, and this settlement ensures the workers receive the compensation they were due,” said Claudia Henriquez, Director of Workers’ Rights at the Comptroller’s Bureau of Labor Law.
11-51 47th Real LLC received a 15-year partial tax-exemption from the New York City Department of Housing Preservation and Development for the building, which includes 53 residential units. All properties benefiting from a 421-a tax break are required to follow New York State prevailing wage laws.
Prevailing wage law requires covered contractors to pay their employees a specified rate of pay, which is set by the Comptroller, and supplemental benefits such as health insurance and pension contributions. In lieu of providing the benefit, a company may meet its obligations by paying workers the supplemental benefit rate, a fixed hourly dollar amount also set by the Comptroller.
In this case, Choice Management did not pay the supplemental benefits to the workers, as required by law. Over the two-year period between October 2017 and December 2019, six workers collectively missed out on $87,675.94 in supplemental benefits. After factoring in interest, Choice Management paid a total settlement of $119,005.54.
This case was handled by Agency Attorney Jamshid Saloor under the supervision of Supervising Attorney Amy Luo. The investigation was conducted by Investigator Richard Abbadessa under the supervision of Francisco Gonzalez, Director of Investigations; and the audit of underpayments was performed by Xiaoyue Lin, Auditor, under the supervision of Stuart Rimmer, Director of Audit. The Bureau of Labor Law is overseen by Claudia Henriquez, Director of Workers’ Rights.
If you have worked on a prevailing wage project and believe your employer has violated the law, you can file a complaint with the Comptroller’s Office here.
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