Tuesday, June 13, 2023

Governor Hochul Announces Expansion of Nation-Leading Fully Paid Parental Leave Program, Covering More Than 150,000 New York State Employees

Governor Kathy Hochul smiles at a podium  

Agreement With CSEA Will Provide 12 Weeks of Fully Paid Parental Leave to More Than 52,000 Employees

If Ratified, Agreements with PEF and UUP Would Offer 12 Weeks of Fully Paid Parental Leave to More Than 88,000 Employees

Builds on Policy Extended to More Than 10,000 Unrepresented State Workers Earlier This Year

New York State Department of Labor Will Also Launch Statewide Paternity Leave Awareness Campaign

 Governor Kathy Hochul today announced expansion of New York’s nation-leading initiative to offer 12 weeks of fully paid parental leave benefits to more than 80 percent of the state workforce, fulfilling her State of the State commitment. As part of the Governor’s ongoing support for New York workers and their families, this historic shift means that the majority of State workers will have access to this crucial benefit for the first time in State history.

“No one should have to choose between a paycheck and caring for their newborn child,” Governor Hochul said. “In my State of the State, I put forward a nation-leading proposal to offer fully paid parental leave benefits to New York State employees — and today we are making good on that promise. By extending fully paid parental leave to over 80 percent of State employees, New York is leading by example and providing a critical line of support for hardworking families."

Today, the Governor announced an agreement with the three largest State unions to expand paid parental leave. The Governor announced a signed agreement with the Civil Service Employees Association, which represents New York State workers in a variety of roles, to expand paid parental leave to more than more than 52,000 employees. The Governor also announced pending contract agreements with the Public Employees Federation, representing public employees with professional, scientific, and technical titles, and the United University Professions, representing workers in higher education, which include fully paid parental leave benefits for members. If ratified, workers will be eligible to receive 12 weeks of fully paid leave to use for bonding with a newborn, fostered, or adopted child.

Despite the well-documented positive benefits of paid parental leave to maternal and infant health, as well as family economic security and workforce retention, the United States is the only developed country in the world without a national paid parental leave policy. New parents and caregivers depend on a patchwork of various federal, state, and local leave policies, in addition to any employer-sponsored benefits.

Governor Hochul first announced this initiative as part of her 2023 State of the State address. Once the union contracts are ratified, more than 140,000 union employees will join the 10,000 unrepresented New York State employees who became eligible following a February policy bulletin by Governor Hochul. Office of Employee Relations will continue to engage remaining State unions on extending this benefit to their employees through collective bargaining.

Governor Hochul also announced that the New York State Department of Labor (DOL) will develop and launch a statewide paternity leave awareness campaign, as recommended by the 2023 Gender Wage Gap Report. The campaign will aim to normalize paternity leave by raising awareness about the benefits available to new and expectant fathers and highlighting how paternity leave can positively impact families and the career and salary prospects of women earners.

See example of DOL paternity leave awareness campaign video here.

New York has long led on parental and family leave benefits, enacting the statewide Paid Family Leave law in 2016. In 2021, Governor Hochul signed legislation expanding the law to include caring for a seriously ill sibling.


Monday, June 12, 2023

MAYOR ADAMS’ STATEMENT ON POLICE COMMISSIONER SEWELL’S SERVICE TO THE CITY OF NEW YORK

 

New York City Mayor Eric Adams today released the following statement on New York City Police Department (NYPD) Commissioner Keechant Sewell’s service to the City of New York: 

 

“I want to thank Police Commissioner Sewell for her devotion over the last 18 months and her steadfast leadership. Her efforts played a leading role in this administration’s tireless work to make New York City safer. When we came into office, crime was trending upwards, and thanks to the brave men and women of the NYPD, most of the major crime categories are now down. The commissioner worked nearly 24 hours a day, seven days a week for a year and a half, and we are all grateful for her service. New Yorkers owe her a debt of gratitude.”


NYC PUBLIC ADVOCATE'S STATEMENT ON THE RESIGNATION OF NYPD COMMISSIONER SEWELL

 

"The sudden departure of Commissioner Sewell leaves open questions to be answered about what it means for public safety and policing in our city. While I have many areas of disagreement on issues with her and the administration she was appointed by, I found her to be attentive and responsive to some of these issues raised.


"Commissioner Sewell was brought into an environment where crime was up, public distrust of law enforcement was high, and department morale was low. Her appointment, especially as a Black woman, was inspiring for many, but it was not a panacea. That these challenges did not immediately resolve in her tenure says more about the pervasiveness of these problems than her leadership. 


"It is clear that from One Police Plaza to Rikers Island, there are longstanding patterns which enable damaging practices around transparency, misconduct, misuse of tactics, and an inability to address this harm. I hope that the next person to take this role is ready to be a true partner in public safety, who recognizes the role police play without inflating it, and is willing to sincerely adopt greater transparency and meaningful accountability. Unless there is real commitment to building new systems, rather than reviving failed ones, the next Commissioner will be bound by the prevailing and repeated patterns of unnecessary tension around public safety, violence and how law enforcement is used."


MAYOR ADAMS ANNOUNCES PLACEMENT OF TWO NEW HUMANITARIAN EMERGENCY RESPONSE AND RELIEF CENTERS

 

 Two New Humanitarian Relief Centers to Open, as Thousands of Asylum Seekers Continue to Arrive in New York City Each Week

New York City Mayor Eric Adams today announced the city will soon open two additional Humanitarian Emergency Response and Relief Centers as New York City continues to see thousands of asylum seekers arrive weekly. The two humanitarian relief centers — located at 205 and 207 West 85th Street (together as one) and 117 West 70th Street in Manhattan — will serve adult families and single women. As the estimated number of asylum seekers that have arrived in the city since last spring surpasses at least 74,000, these sites will serve more than 800 individuals in 516 rooms.  

 

“New York City is facing a humanitarian crisis unlike any other before,” said Mayor Adams. “With more than 47,000 asylum seekers still in the city’s care and thousands continuing to arrive each week, we need a national decompression strategy to handle this national issue. New York City has stepped up, opening nearly 170 emergency sites to provide temporary shelter but without federal aid and a strategy to move migrants around the nation we are unable to continue treating arriving asylum seekers with the dignity and compassion that they deserve.”

 

“These additional humanitarian response and relief centers will help us continue to meet our obligations to provide shelter to people seeking asylum,” said Deputy Mayor for Health and Human Services Anne Williams-Isom. “This crisis will continue for some time, and it will continue to take a citywide response.”

 

“Despite the immense magnitude of this crisis, New York City has not only managed to keep the ship afloat for the past year but continues to find solutions to address the urgent needs of this vulnerable population,” said Deputy Mayor for Public Safety Philip Banks III. “The opening of these centers represents another milestone in our comprehensive approach to ensuring the safety, dignity, and well-being of asylum seekers.”

 

“New York City continues to step up, with the support of partners from every sector, and respond to this humanitarian crisis with the compassion and resources needed for those arriving here to complete their journey, establishing a model for how to give asylum seekers a chance at a better life,” said Ted Long, MD, MHS, senior vice president, Ambulatory Care and Population Health, NYC Health + Hospitals. “These two humanitarian centers for adult families and single women build upon the success of our existing relief centers, which connect guests to meals, medical care, mental health support, language access, technology, and reconnection services. I am proud to be a part of the Adams administration as we help to make a better life possible for those who turned to us for help.”

 

“Over the past year, more than 74,000 asylum seekers have arrived in New York City, with more than half remaining in the city’s care. The opening of the two additional Humanitarian Emergency Response and Relief Centers in Manhattan will help alleviate some pressure on a system reaching its brink,” said New York City Emergency Management Commissioner Zach Iscol. “We continue to work with our city partners to identify additional locations to provide shelter for the hundreds of asylum seekers that continue to arrive in New York City each day.”

 

Since this humanitarian crisis began, the city has taken fast and urgent action, opening a total of nearly 170 emergency shelters, including nine additional large-scale humanitarian relief centers already; standing up navigation centers to connect asylum seekers with critical resources; enrolling thousands of children in public schools through Project Open Arms; and more. The city also, this spring, released “The Road Forward: A Blueprint to Address New York City's Response to the Asylum Seeker Crisis,” detailing how the city will continue to manage the influx of asylum seekers and advocate for support from federal and state partners.


Romanian National Who Operated “Bulletproof Hosting” Service That Facilitated The Distribution Of Destructive Malware Sentenced To Three Years In Prison

 

 Damian Williams, the United States Attorney for the Southern District of New York, announced that MIHAI IONUT PAUNESCU, a/k/a “Virus,” was sentenced to three years in prison today in Manhattan federal court for conspiracy to commit computer intrusion in connection with running a “bulletproof hosting” service that enabled cybercriminals to distribute the Gozi Virus, the Zeus Trojan, the SpyEye Trojan, and the BlackEnergy malware, all of which were designed to steal confidential financial information.  PAUNESCU also enabled other cybercrimes, such as initiating and executing distributed denial of service (“DDoS”) attacks and transmitting spam.  PAUNESCU previously pled guilty before U.S. Magistrate Judge Valerie Figueredo on February 24, 2023.  He was sentenced today by U.S. District Judge Lorna G. Schofield.

In imposing today’s sentence, Judge Schofield said that PAUNESCU facilitated the distribution of “some of the most serious malware circulating at the time” and “made considerable money from it.”

As alleged in the Complaint, the Indictment, other documents in this case, and statements made in court:

The Gozi Virus is malicious computer code or “malware” that stole personal bank account information, including usernames and passwords, from the users of affected computers.  The Gozi Virus infected over one million victim computers worldwide, among them at least 40,000 computers in the United States, including computers belonging to the National Aeronautics and Space Administration (“NASA”), as well as computers in Germany, Great Britain, Poland, France, Finland, Italy, Turkey, and elsewhere.  The Gozi Virus caused tens of millions of dollars in losses to the individuals, businesses, and government entities whose computers were infected.  Once installed, the Gozi Virus – which was intentionally designed to be undetectable by anti-virus software – collected data from the infected computer in order to capture personal bank account information, including usernames and passwords.  That data was then transmitted to various computer servers controlled by the cyber criminals who used the Gozi Virus.  These cyber criminals then used the personal bank account information to transfer funds out of the victims’ bank accounts and ultimately into their own personal possession.

Similar to the Gozi Virus, the Zeus Trojan and the SpyEye Trojan were designed to steal confidential financial information from victims’ computers.  BlackEnergy was initially designed to launch World Wide Web-based DDoS attacks and later upgraded to include the ability to steal account access credentials.

“Bulletproof hosting” services helped cyber criminals distribute the Gozi Virus with little fear of detection by law enforcement.  Bulletproof hosts provided cyber criminals using the Gozi Virus with the critical online infrastructure they needed, such as Internet Protocol (“IP”) addresses and computer servers, in a manner designed to enable them to preserve their anonymity.

PAUNESCU operated a “bulletproof hosting” service that helped cyber criminals to distribute some of the world’s most harmful malware, including the Gozi Virus, the Zeus Trojan, the SpyEye Trojan, and BlackEnergy, as well to as commit other cybercrimes, such as transmitting spam, which is an often used means of distributing malware.  PAUNESCU rented servers and IP addresses from legitimate Internet service providers and then, in, turn rented those resources to cybercriminals; provided servers that cyber criminals used as command-and-control servers to conduct DDoS attacks; monitored the IP addresses that he controlled to determine if they appeared on a special list of suspicious or untrustworthy IP addresses; and relocated his customers’ data to different networks and IP addresses, including networks and IP addresses in other countries, to avoid being blocked as a result of private security or law enforcement scrutiny. 

In imposing the sentence, Judge Schofield gave PAUNESCU credit for the approximately one year and two months that the defendant was held in Romanian and Colombian custody prior to his extradition to the United States.  In addition to his prison sentence, PAUNESCU, 39, of Bucharest, Romania, was ordered to forfeit $3,510,000 and pay restitution in the amount of $18,945.

Mr. Williams praised the investigative work of the Federal Bureau of Investigation.  Mr. Williams also thanked the NASA Office of Inspector General and the Colombian National Police.  In addition, Mr. Williams thanked the Department of Justice’s Computer Crime and Intellectual Property Section for its partnership in this matter.  The U.S. Department of Justice’s Office of International Affairs of the Department’s Criminal Division, the Narcotic and Dangerous Drug Section Judicial Attachés in Bogota, Colombia, and the U.S. Marshal Service provided significant assistance in securing the defendant’s extradition from Colombia.

Microsoft Agrees to Pay $20 Million Civil Penalty for Alleged Violations of Children’s Privacy Laws

 

The Justice Department, together with the Federal Trade Commission (FTC), announced that the United States has resolved a case against Microsoft Corp. regarding its practices for collecting and retaining personal information from children who use Microsoft’s Xbox Live service. The stipulated order issued by the court today requires Microsoft to pay $20 million in civil penalties and imposes injunctive relief to settle allegations that Microsoft violated the Children’s Online Privacy Protection Act (COPPA) and the Children’s Online Privacy Protection Rule (COPPA Rule) in connection with the Xbox Live service, which consumers use to connect online and with others through the Xbox brand of gaming consoles.

In a complaint filed in the U.S. District Court for the Western District of Washington, the United States alleges that Microsoft knew that certain users were children but nonetheless continued to collect personal information, such as telephone numbers, before notifying parents of Microsoft’s information collection practices and before obtaining parental consent. In addition, the complaint alleges that, while Microsoft provided some notice to parents, that notice was incomplete and thus failed to comply with the COPPA Rule’s requirements. Finally, the complaint alleges that in certain instances when children started, but did not complete, creating Xbox Live accounts, Microsoft retained their personal information for longer than permitted by the COPPA Rule.

“It is essential that before collecting children’s personal information, online companies provide complete and timely disclosures about their information collection practices so that parents can make informed decisions,” said Principal Deputy Assistant Attorney General Brian Boynton, head of the Justice Department's Civil Division. “The department and the FTC are committed to ensuring that companies comply with the laws specifically designed to safeguard the privacy of children.”

“This settlement requires Microsoft to clearly communicate with parents about their child’s data and sets up procedures to monitor Microsoft’s compliance with federal statutes regarding children’s online privacy. This work will make children safer online,” said U.S. Attorney Nick Brown for the Western District of Washington. “I commend Microsoft for quickly acknowledging it was illegally collecting and retaining personal data of children younger than 13, and for taking steps to fix the problem.”

“Our proposed order makes it easier for parents to protect their children’s privacy on Xbox, and limits what information Microsoft can collect and retain about kids,” said Director Samuel Levine of the FTC’s Bureau of Consumer Protection. “This action should also make it abundantly clear that kids’ avatars, biometric data, and health information are not exempt from COPPA.”

This matter is being handled by Trial Attorney Katherine M. Ho, Senior Trial Attorney James T. Nelson, and Assistant Director Lisa K. Hsiao of the Civil Division’s Consumer Protection Branch, and Assistant U.S. Attorney Rebecca S. Cohen for the Western District of Washington. Megan Cox and Peder Magee represent the FTC.

For more information about the Consumer Protection Branch and its enforcement efforts, visit its website at www.justice.gov/civil/consumer-protection-branch. For more information about the U.S. Attorney’s Office for the Northern District of California, visit its website at www.justice.gov/usao-wdwa. For more information about the FTC, visit its website at www.FTC.gov.

Cox: When Democrats Can’t Compete, They Cheat


NYGOP Chair Ed Cox today released the following statement on the end of the legislative session:


“Democrats had no interest this session in addressing the mass exodus of citizens out of New York thanks to our crippling, anti-business tax and regulatory regime. Instead, in the session’s waning hours, they passed legislation that will only serve one purpose: to tighten their iron-clad grip on power in Albany.


“Moving local elections to even years effectively nationalizes elections in which voters would otherwise focus on local issues – issues which put Democrats’ atrocious mismanagement of this state in the spotlight.


“But when Democrats can’t compete, they cheat – just as we saw with their illegal gerrymander, which they are still pursuing.


“This bill is unconstitutional and will be challenged in court.”

 

MAYOR ADAMS SIGNS EXECUTIVE ORDER PROTECTING ACCESS TO GENDER-AFFIRMING HEALTH CARE IN NEW YORK CITY

 

As LGBTQ+ Rights Remain Under Attack Nationwide, EO Prevents Use of City Resources to Detain Individuals for Providing or Receiving Gender-Affirming Health Care Services 

Executive Order Denies Use of NYC Resources to Cooperate with Prosecution or Investigation from Other State of Individuals for Providing or Receiving Gender-Affirming Care 

Reaffirms NYC as National Leader and Supporter of LGBTQ+ Rights During Pride Month

In another effort to strongly support the LGBTQ+ community, New York City Mayor Eric Adams today signed Executive Order 32 to protect access to gender-affirming health care in New York City. The executive order prevents the use of city resources to detain any individual who is providing or receiving gender-affirming health care services in New York City. Additionally, the executive order denies the use of resources by the City of New York to cooperate with any prosecution or investigation by another state of an individual for providing or receiving gender-affirming care. As LGBTQ+ rights continue to be threatened across the country, Executive Order 32 reaffirms New York City’s historic place as a national leader and supporter for all seeking the health care and medical attention needed, especially for transgender and nonbinary people.

“As states across the nation continue their onslaught of attacks on our LGBTQ+ neighbors, New York City is doing what we have always done — standing up for justice and against discrimination,” said Mayor Adams. “This executive order reaffirms the fact that hate has no place in our city and that all people deserve the right to gender-affirming care and protection against prosecution for being who they are. To LGBTQ+ people across the nation feeling hurt, isolated, or threatened, we have a clear message for you: New York City has and will always be a welcoming home for you.”

Gender-affirming care is essential to the health and wellness of many transgender and non-binary people. Major medical organizations, including the American Medical Association, the American Academy of Family Physicians, and the American Academy of Pediatrics, which collectively represent 1.3 million doctors, have recognized the medical necessity of age-appropriate gender-affirming care for transgender and non-binary people.

Nationwide, at least 20 states have passed repressive new laws that restrict the ability for minors to receive gender affirming care, and 34 states have introduced legislation to restrict or prohibit access to gender-affirming care for individuals 18 and older. In some states, if a health care provider violates these laws, that state could request New York City detain them if they are in the city. But, under Executive Order 32 signed by Mayor Adams today, these individuals will now be granted the protection and privacy in New York City to either receive or provide care that is medically needed. If a health care provider in a restricted state works with NYC Health + Hospitals, the New York City Department of Health and Mental Hygiene, or another city agency to provide gender-affirming services to support an individual, the City of New York will not cooperate with that state’s investigation of the provider.

“As LGBTQ+ people nationwide find themselves under attack for receiving the care they need, New York City is leading the nation to show what must be done,” said First Deputy Mayor Sheena Wright. “I applaud this administration for using the power of government to stand up and do what’s right by protecting rights that are under attack. Our city’s history is rooted in the Stonewall Inn and the founding of the modern LGBTQ+ movement. With today’s announcement, we are telling the nation that we have not forgotten our past and will continue to fight for the future.”

“From birthing the modern LGBTQ+ movement at the Stonewall Inn over 50 years ago to today hosting the nation’s largest Pride celebration, New York City remains the home of a vibrant and vital LGBTQ+ community — and we intend to keep it that way,” said Chief of Staff Camille Joseph Varlack. “That’s why today’s executive order is paramount to reaffirming our commitment to protecting the rights of LGBTQ+ individuals. This announcement makes it clear that New York City will continue to honor its legacy as a safe haven for all people.”

“From day one, this administration pledged to stand up for those under attack, facing oppression, and being denied their basic rights,” Chief Advisor Ingrid Lewis Martin. “Today’s announcement is a reaffirmation of that pledge by using the power of government to support all of our neighbors in need. I am proud to work alongside colleagues who are stepping up to meet this moment and be a model for our nation.” 

“Across the country, the rights of transgender individuals are under attack from a small and cynical group who are stoking fear and hatred to enact punishing legislation,” said City Hall Chief Counsel Brendan McGuire. “Today’s executive order signed by Mayor Adams sends a powerful message that New York City will remain a safe haven for the entire LGBTQ+ community, and particularly for transgender individuals seeking to live their best and safest lives.”   

“Health care is a human right. This holds for the LGBTQ+ community and for every community across New York City,” said Deputy Mayor for Health and Human Services Anne Williams-Isom. “The executive order Mayor Adams signed today will add to the city’s efforts to protect gender-affirming care and show, once again, that New York City stands up for the rights of the LGBTQ+ community.”

“Public health is public safety, and that includes access to health care for all,” said Deputy Mayor for Public Safety Philip Banks III. “New York City has always been a place that is safe and welcoming for everyone, and we are going to stay that way.”

“Human rights and public health go hand in hand,” said New York City Department of Health and Mental Hygiene Commissioner Dr. Ashwin Vasan. “Pride is a time to honor the legacy of the LGBTQ+ community’s fight for justice, and nowhere is this fight clearer than in access to lifesaving and life-affirming health care. It is also a time to advance the rights of the community and make even more history. This order does just that and ensures New York City is on the right side of this important history, continuing its commitment to providing high-quality, equitable health care to all.”

“Health care is a basic human right and no one should be punished for providing or seeking care that is essential to a person’s physical, mental, and emotional well-being. Our Pride Health Centers offer gender-affirming care in a setting that is welcoming, respectful, and empowers patients to make the best decisions for themselves and their loved ones,” said NYC Health + Hospitals President and CEO Mitchell Katz, MD. “I applaud Mayor Adams for continuing to make New York City a safe haven for the LGBTQ+ community and for allowing us to provide high-quality, comprehensive health care to anyone who walks through our doors.”

“New York City has zero tolerance for discrimination of any kind,” said New York City Corporation Counsel Sylvia O. Hinds-Radix. “Through this executive order, the city makes it clear that it will not aid the discriminatory efforts of other states seeking to restrict the right of individuals to access the health care they need. I commend Mayor Adams for providing these protections for members of the LGBTQ+ community, whose rights continue to be threatened.”  

“As states continue to pass measures stripping away LGBTQ+ rights, we need to fight on every front — from corporate boardrooms to Congress,” said New York City Department of Youth and Community Development Commissioner Keith Howard. “We must learn from history that health care is a right — not a privilege. The Department of Youth and Community Development joins Mayor Adams during Pride Month in taking this bold step and sending a defiant message: The birthplace of the LGBTQ+ rights movement will firmly stand against oppression and uplift communities that make New York City the greatest city in the world.”

“New York City has long been at the forefront of the movement for LGBTQ+ equality, and today’s announcement reaffirms our unwavering commitment to building a safe and inclusive city for all,” said Mayor’s Office of Equity Commissioner Sideya Sherman. “As the fundamental rights of the LGBTQ+ community come under increasing attack in states across the nation, we must uplift and affirm everyone’s right to access care with dignity and without fear.”

“The freedom to live as your authentic self will always be protected in New York City,” said New York City Commission on Human Rights Commissioner and Chair Annabel Palma. “As transgender and non-binary communities continue to be targeted across the nation, we are proud that New York City protects transgender and non-binary individuals from discrimination. We applaud Mayor Adams for continuing to support those who provide essential care to trans and non-binary people.”

“New York City continues to lead the nation in its support of LGBTQ+ communities,” said Office for the Prevention of Hate Crimes Executive Director Hassan Naveed. “I am proud of Mayor Adams and this administration’s commitment in taking a stance against hate and discrimination and providing these protections to LGBTQ+ people.”

Today’s executive order is another step the Adams administration has taken to support the LGBTQ+ community. Last week, Mayor Adams, the New York City Police Department Community Affairs Bureau, the Office for the Prevention of Hate Crimes, and the Mayor’s Community Affairs Unit announced a new process for New Yorkers to contact the NYPD to re-examine cases involving LGBTQ+ victims, including cold cases.