Tuesday, September 3, 2024

Comptroller Lander Exposes NYC’s Worst Workers’ Rights Offenders, Launches First-Ever Comprehensive Labor Violations Dashboard

 

11 companies—including Chipotle, Uber, and Gucci—featured on the Comptroller’s first “Employer Wall of Shame”

New York City Comptroller Brad Lander unveiled his office’s Employer Violations Dashboarda new tool that consolidates data from federal, state, and city enforcement agenciesto identify employers who violated key labor laws across the five boroughs. The dashboard tracks businesses’ violations of a range of workers’ rights and protections, including workplace health and safety violations, wage theft, prevailing wage violations, illegal interference with unionization efforts, and discrimination and harassment. 

“When companies steal their workers wages, commit unfair labor practices, or put workers’ lives at risk, the public should be able to clearly see it. By launching this dashboard, my office is making it possible to identify bad actors across multiple violations of workplace lawsThis tool can serve as a resource for workers, customers, neighbors, and other businesses as they are looking to work with employers who respect workers’ right,” said Comptroller Brad Lander. 

The new dashboard tracklabor violations investigated by government agencies and provides detailed information on offenses committed by private sector employers, including some contracted with public entities, within New York City. Covering data from 2020-2023, the dashboard offers a first-of-its-kind comprehensive view of recent labor law enforcement in New York City. The dashboard can be searched by type of violation or by employer, and the full dataset— which brings together information from multiple city, state, and federal agenciesis available for download.  

The dashboard also features an annual “Employer Wall of Shame,” which highlights employers who committed the most significant labor law violations in past years, ranging from workplace safety infractions and wage theft to illegal unionization interference and discrimination. The Comptroller’s Office identified these employers based on the severity and frequency of their violations. 

The following employers earned a place on the 2024 Employer Wall of Shame: 

  • Chipotle Mexican Grill committed the highest number of Unfair Labor Practices (ULPs) in New York City in 2023 with seven violations primarily involving coercion and retaliation against employees attempting to unionize. Chipotle also paid over $350,000 to more than 9,000 workers as a result of New York State Department of Labor wage theft investigations and paid over $22 million in settlements with the New York City Department of Consumer and Worker Protections for failing to adhere to the Fair Workweek and Paid Safe and Sick Leave laws, affecting over 9,000 workers. 
  • Planned Companies, which provides building services across multiple states, had the highest number of ULPs in New York City in closed cases from 2020 to 2022, with 20 violations related to illegal interference in union organizing and bad faith bargaining. Planned Companies was also cited for Occupational Safety and Health Administration (OSHA) violations related to a fatal accident that resulted from insufficient fall protections. In 2020, Planned settled with the Comptroller’s Office for $450,000 for failing to pay prevailing wages to building service employees. 
  • Fadmo Home Health Care Services Agency, based in Staten Island, was the largest wage theft offender investigated by the US Department of Labor in New York City in 2023, owing over $1.45 million to 22 workers. 
  • American Business Institute (ABI), a Queens-based home healthcare agency, was the largest wage theft offender across all New York State Department of Labor cases from 2020 to 2022. ABI owed over $14.3 million to 175 workers for failing to pay minimum wage across three investigations. 
  • Smile Home Care Agency Inc (Smile Care), a Brooklyn-based home healthcare agency, was the largest wage theft offender investigated by the US Department of Labor in 2023, owing over $427,000 to 246 workers.  
  • Timeless Roofing, a construction company, received back-to-back willful OSHA violations in 2022 and 2023 for failing to provide fall protection at residential construction sites in Queens.  
  • Amazon had 153 alleged ULP violations, including the highest number of open and ongoing charges, where unions and workers allege that employers committed ULPs in New York City from 2020 to 2023. Of the 153 alleged violations, some ULP cases allege illegal interference in union organizing and bad faith bargaining. Additionally, the Department of Consumer and Worker Protection investigated Amazon for local labor law violations and entered into a $222,454 settlement for Paid Safe and Sick Leave Law. The company has been criticized for using third-party contractors and misclassifying workers to evade legal responsibility. 
  • Panda Express had the largest Fair Work Week and Paid Safe and Sick Leave Law settlement with the Department of Consumer and Worker Protection in 2023, paying $3.45 million in restitution and civil penalties, which impacted over 1,400 workers.  
  • Uberentered into the largest wage and hour settlement by the New York State Attorney General in 2023, paying $290 million for illegally deducting earnings from drivers by shifting costs of sales taxes and Black Car Fund fees onto them. Uber also failed to provide drivers with paid safe and sick leave as required under New York City and New York State law. 
  • Lyft, like Uber, settled with the New York State Attorney General for $38 million in 2023 for similar wage and hour violations. Lyft illegally deducted earnings from drivers and failed to provide paid sick leave. 
  • Gucci settled with the New York City Commission on Human Rights for $330,000 in a sexual harassment case in 2023, one of the agency’s largest monetary settlements of the year. In addition to the payment, the settlement included affirmative relief, where Gucci was required to provide anti-discrimination training to employees, revise their gender-based discrimination policy with oversight from the Commission, undergo monitoring, and display “Notice of Rights” posters in stores and corporate offices. 
EDITOR'S NOTE:
We find it quite unusual that this would come out after City Comptroller has announced his intention to run for mayor by picking on several large companies that progresives like to go after since these companies are not well liked by voters. 
We cannot understand what Comptroller Lander has been doing the past three years to come out with this now. 
We also wonder why his Department of Correction Dashboard is missing Detainee medical appointments and detainee mised appointments. 

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