Tuesday, November 16, 2021

NYS Office of the Comptroller - DiNapoli: Woman Arrested for Stealing Deceased Sister's Pension Checks

 

Pocketed Nearly $8,000 in Stolen Pension Payments


 State Comptroller Thomas P. DiNapoli and Brooklyn District Attorney Eric Gonzalez today announced the arrest of Latrenda Dixon for the alleged theft of her deceased sister’s retirement checks.

Dixon, 52, of the Bronx is charged with illegally cashing 20 checks in Brooklyn for nearly $8,000 issued by the New York State and Local Retirement System to her deceased sister, Linda Dixon. She cashed the checks using her sister’s state employee ID at a check cashing location.

“Ms. Dixon attempted to scam the pension system by allegedly pretending to be her deceased sister,” DiNapoli said. “My thanks to District Attorney Gonzalez for his continued partnership in safeguarding the New York State and Local Retirement System.”

“Stealing from the state pension system is not a victimless crime; law abiding taxpayers end up paying the price,” said Brooklyn District Attorney Gonzalez. “I would like to thank State Comptroller DiNapoli for all of the work his agency did to bring this defendant to justice. We will now seek to hold her accountable for her alleged actions.”

Dixon was charged with grand larceny in the third and fourth degree; scheme to defraud in the first and second degree; identity theft in the first and second degree; 20 counts of criminal possession of a forged instrument in the first degree; 20 counts of criminal possession of a forged instrument in the second degree, and criminal possession of stolen property in the third and fourth degree.

She was arraigned in Kings County court and released without bail on her own recognizance. Dixon is due back in court Nov. 30, 2021.

This case was investigated by the Office of the State Comptroller’s Division of Investigations in partnership with the Brooklyn District Attorney’s Office.

MAYOR DE BLASIO, ATTORNEY GENERAL JAMES AND DEPARTMENT OF CONSUMER AND WORKER PROTECTION ANNOUNCE $18.8 MILLION SETTLEMENT OF WORKPLACE VIOLATIONS WITH HOME HEALTH CARE COMPANIES

 

Settlement secures millions in restitution for 12,000 home health aides to resolve violations of the NYC Paid Safe and Sick Leave and Wage and Hour Laws

 Mayor Bill de BlasioNew York State Attorney General Letitia James and Department of Consumer and Worker Protection Commissioner Peter A. Hatch today reached settlement agreements to resolve their joint investigation into workplace violations by Intergen Health, LLC and Amazing Home Care Services, LLC. Amazing and Intergen—which are under common ownership, share employees, and serve primarily Medicaid patients—are together one of the largest home care agencies in New York State. The settlements resolve violations of the NYC Paid Safe and Sick Leave Law and wage and hour requirements under New York Labor Laws and require the home health agencies to pay up to $18.8 million in restitution and adopt extensive compliance measures.

The joint investigation found that the home care agencies violated the Citys Paid Safe and Sick Leave Law in multiple ways, including failing to pay employees when they used leave, disciplining and/or firing employees who used unscheduled leave, requiring employees to submit documentation justifying the use of leave even if the leave was for less than three days, and failing to provide a written safe and sick leave policy. The investigation also found that the agencies violated the New York Labor Law by refusing to pay the overtime premium when workers worked more than 40 hours in a week, miscalculating overtime rates, refusing to pay workers for time spent traveling between patient homes, among other violations. 

“In New York City, we fight to protect all workers—including those who work in people’s homes,” said Mayor Bill de Blasio. “Home health care workers care for our families and not only deserve Paid Safe and Sick Leave—it’s their right. To any company in New York City that thinks they can get away with withholding workers’ rights and violating our laws: we will hold you accountable.”

Home health aides provide vital support to our vulnerable loved ones,” said DCWP Commissioner Peter A. HatchSadly these invaluable workers often face exploitative working conditions that violate important labor protections. We are committed to ensuring home health aides are treated fairly and will hold accountable any home care agency that denies workers their rights or punishes them for exercising their rights. We urge any worker who believes they have been treated unjustly to contact us so we can help protect their rights. I want to thank Attorney General James and her Office for their partnership in this important investigation. 

“Home health aides are on the front lines serving the most vulnerable in our communities, yet these agencies denied them the most basic form of dignity and respect: fair pay for a hard day’s work,” said Attorney General James. “These hardworking New Yorkers not only deserve the pay that was unfairly denied to them, but also the assurance that this won’t happen again — and that’s exactly what this agreement will do. I will continue my commitment to protect working families and workers’ rights as well as their wallets. Let this be a warning to all employers: exploitative and illegal labor practices will not be tolerated in New York.”

Under the settlement, Intergen and Amazing must:

Pay up to $18,800,000 in restitution in two phases. In phase one, the agencies will pay $2,032,500 to compensate 6,500 employees impacted by the violations of the Paid Safe and Sick Leave Law and four employees who were illegally fired for using paid sick leave. The agencies will also pay $5,200,000 to compensate approximately 12,000 employees for violations of the New York Labor Law. In phase two, which is being resolved in coordination with a private lawsuit, there will be a maximum payout of approximately $11,540,000 to “live-in” workers; this amount is subject to court approval.

Implement new policies that are in compliance with the Paid Safe and Sick Leave Law and New York Labor Law and that correct the violations in the companies’ prior policies.

Stop requiring employees to submit documentation to justify their use of sick leave.

Train employees on updated policies.

Post and distribute the Notice of Employee Rights and obtain a written, dated acknowledgement of receipt from each employee.

Appoint a compliance officer to monitor and report on compliance with the laws.

Create a new employee manual with updated policies that must be submitted to the Attorney General and DCWP for approval and have it translated and distributed to all employees. 

This case, which is DCWPs largest Paid Safe and Sick Leave investigation to date, is part of the agencys major proactive enforcement initiative to examine the home health care industrys compliance with the NYC Paid Safe and Sick Leave Law, wage and hour requirements, and other workplace standards. DCWP referred this case to the New York State Attorney General’s Office for a joint investigation after identifying violations in connection with this initiative. As a result of this affirmative initiative, DCWP has now entered into settlement agreements with 34 agencies. These settlements require the agencies to pay a total of $2.54 million in restitution to more than 11,000 workers, pay $155,000 in civil penalties, and comply with the Law going forward. 

DCWPs case was handled by Supervising Investigator Juana Abreu, Paid Care Advocate Amalia Torrentes, Research Director Sam Krinsky, and Director of Investigations Elizabeth Wagoner of DCWPs Office of Labor Policy & Standards, which is led by Deputy Commissioner Benjamin Holt.

Employers and employees can visit nyc.gov/workers or call 311 (212-NEW-YORK outside NYC) for more information about the NYC Paid Safe and Sick Leave Law, including the required Notice of Employee of Rights in multiple languages, one-page overviews for employers and employees, and the complaint form. DCWP also created a multilingual publication that provides important health and safety information for domestic workers and their employers to help them stay safe during COVID-19—including recommended best practices to reduce and prepare for risk of transmission, paid safe and sick leave information, checklists for a healthy and safe workplace, and other City & State resources.

Partnerships for Parks - $425.5 Million for Local Parks, Grants, and More

 

Horseshoe Playground in the Bronx, one of 100 parks to be transformed over the next 10 years. Photo courtesy of NYC Parks.

NEW INVESTMENT IN THE COMMUNITY PARKS INITIATIVE


On October 26th, Mayor Bill de Blasio and NYC Parks Commissioner Gabrielle Fialkoff announced $425.5 million in new funding to transform 100 parks in high-needs areas through the expansion of the Community Parks Initiative (CPI). Launched in 2014, CPI strives to create a more equitable parks system by investing in smaller parks in neighborhoods with high poverty levels that haven't seen a significant investment in twenty years. 

Since CPI’s inception, Partnerships for Parks has  worked closely with NYC Parks to engage nearly 54,000 volunteers in over 2,000 stewardship projects in CPI areas. Over the next ten years, we will continue to engage New Yorkers in re-creating the 100 selected parks through community input sessions. At these open, public events, community members will meet with Parks designers to share their ideas for how their parks should be transformed.

The first 10 community parks to be rebuilt and revitalized are in neighborhoods that have been prioritized by the NYC Task Force for Racial Inclusion and Equity. In Manhattan, these parks are Anibal Aviles Playground, Detective Omar Edwards Park, and William McCray Playground; in Brooklyn, Jerome Playground and Marc and Jason’s Playground; In the Bronx, Chief Dennis L. Devlin Park, Pontiac Playground, and Horseshoe Playground; in Queens, Hoffman Park; and on Staten Island, Lt. Lia Playground.
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Bball Fitness - Denise All Stars plant daffodil bulbs at Wright Brother’s Playground in Manhattan on Fall IMP-act Day

FALL IMP-ACT DAY A GREAT SUCCESS


On October 16th, Fall IMP-act Day—our annual citywide park beautification day, more than 1,100 volunteers came out to participate in nearly 50 community-led projects in local green spaces across all five boroughs. Neighbors came together to plant just under 37,000 daffodil and crocus bulbs over the course of the weekend, honoring the lives lost to both the terrorist attacks of 9/11 and the COVID-19 pandemic.

New Yorkers also mulched dog runs, street trees, and garden spaces; cleaned up litter and natural debris; hosted activities for children; and more. Thank you to the community group leaders who hosted projects and to all the volunteers who came out. Get involved year-round at a park near you with It's My Park, our signature volunteer program.
VOLUNTEER
Art in the Park event at Kornegay Triangle in Brooklyn.

SPOTLIGHT ON: ART IN THE PARK


Community groups have been creatively using our Capacity Fund grants during the pandemic to host arts and fitness programming that bring life to local parks. With help from our Capacity Fund Grant program, community-based organization Art in the Park—whose mission is to expose underserved urban youth to all forms of art across all genres, with a focus on differently-abled children—hosted a family day at Alice Kornegay Triangle in Crown Heights, bringing out a multigenerational crowd for youth and adult yoga and arts activities. Our grant funded outreach and promotional materials, PPE, art supplies, the yoga instructor fee, yoga mats, and refreshments for the families who came out to enjoy the day.

Have a creative idea for your local park? Bring it to life with our Capacity Fund Grant! Our next deadline is in January, with info sessions beginning next month.
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Partnerships for Parks is a joint program of City Parks Foundation and NYC Parks that supports and champions a growing network of leaders caring and advocating for neighborhood parks and green spaces. We equip people and organizations with the skills and tools needed to transform these spaces into dynamic community assets.

Attorney General James and NYC Department of Consumer and Worker Protection Recover Up to $18.8 Million in Unpaid Wages for 12,000 Home Health Aides

 

AG’s Investigation Revealed Two Home Care Health Agencies Violated Workers’ Rights and Denied Fair Compensation

 New York Attorney General Letitia James, in partnership with the New York City Department of Consumer and Worker Protection (DCWP), today announced an agreement with two major home care health agencies to deliver up to $18.8 million in unpaid wages to approximately 12,000 workers who had been denied fair pay for years. The agreement is the result of a multipronged investigation conducted by Attorney General James and DCWP which found the companies — Intergen Health, LLC (Intergen) and Amazing Home Care Services (Amazing) — repeatedly violated New York Labor Laws and the New York City Paid Safe and Sick Leave Law by failing to pay their employees millions of dollars in wages and failing to provide workers with paid sick leave. The agreement, which is one of the largest of its kind in New York state, requires the companies to pay workers up to $18.8 million in two phases, implement new policies to prevent any future violations, and comply with oversight from the Office of the Attorney General (OAG) and city authorities.

“Home health aides are on the front lines serving the most vulnerable in our communities, yet these agencies denied them the most basic form of dignity and respect: fair pay for a hard day’s work,” said Attorney General James. “These hardworking New Yorkers not only deserve the pay that was unfairly denied to them, but also the assurance that this won’t happen again — and that’s exactly what this agreement will do. I will continue my commitment to protect working families and workers’ rights as well as their wallets. Let this be a warning to all employers: exploitative and illegal labor practices will not be tolerated in New York.”

“In New York City, we fight to protect all workers — including those who work in people’s homes,” said Mayor Bill de Blasio. “Home health care workers care for our families and not only deserve Paid Safe and Sick Leave — it’s their right. To any company in New York City that thinks they can get away with withholding workers’ rights and violating our laws: we will hold you accountable.”

“Home health aides provide vital support to our vulnerable loved ones,” said DCWP Commissioner Peter A. Hatch. “Sadly these invaluable workers often face exploitative working conditions that violate important labor protections. We are committed to ensuring home health aides are treated fairly and will hold accountable any home care agency that denies workers their rights or punishes them for exercising their rights. We urge any worker who believes they have been treated unjustly to contact us, so we can help protect their rights. I want to thank Attorney General James and her office for their partnership in this important investigation.”

Across the state, approximately 200,000 aides provide home health care services each day. More than 60 percent of home health aides in New York state are immigrants, and more than 90 percent are women. Despite the vital importance of their work, home health aides rarely earn above minimum wage, and approximately 18 percent of aides statewide live below the poverty line.

The OAG’s investigation, which began in 2018 following a referral from DCWP, uncovered multiple, significant violations of state and city laws that resulted in unpaid wages for thousands of New Yorkers. During its investigation, the OAG conducted more than 40 interviews of workers, collected testimony from several officials of both companies regarding company policies, verified records, and background information. The violations that the OAG uncovered include:

  • Failure to pay workers correct overtime wages;
  • Failure to pay aides for unscheduled short shifts;
  • Failure to pay workers additional compensation when they worked more than ten hours in a shift or multiple shifts in one day;
  • Failure to pay employees for travel time between patients’ homes;
  • Failure to pay “joint employer” overtime for workers who worked for both companies during the same week; and
  • Failure to pay workers who perform “live-in” shifts. Live-in shifts require workers to stay in a patient’s home for at least 24 hours but they receive payment for only 13 hours. Workers should receive 11 hours of breaks to sleep and eat for each shift, but the companies failed to ensure aides received their breaks and consistently failed to compensate workers at all when they missed them. 

The joint resolution will compensate approximately 12,000 workers for a total payout of as much as $18,800,000. The funds will be delivered in two phases.

Phase One

The first phase will deliver $7,262,000 to the workers, and it includes all violations described above except for compensation for “live-in” workers. The agencies will pay $5,200,000 in restitution for violations of the New York Labor Law, and $2,032,500 to employees impacted by the violations of the Paid Safe and Sick Leave Law. Four employees who were illegally fired for using paid sick leave will receive back pay. Both agencies will be required to pay the entire amount within 10 days.

Phase Two

The second phase, obtained as a result of the OAG investigation and in coordination with a private lawsuit, requires a maximum payout of approximately $11,540,000, and is subject to court approval. This phase includes wage violations for “live-in” workers. Under this arrangement, workers must sign and return agreements to participate in the settlement, and any worker who fails to do so will not receive payment as part of the resolution. The agencies will pay a guaranteed minimum of $6,200,000 and up to $10,740,000 (depending on how many workers opt-in) to compensate the “live-in” workers for their stolen wages, plus $800,000 for additional claims. The agencies must also pay the attorneys’ fees for the plaintiffs in the private lawsuit.

To determine the amount of unpaid wages owed, the OAG used the results of the employee interviews, testimony from agency officials, an extensive analysis of the law, and the agencies’ own records of wages received and work performed.

In addition to the monetary agreement obtained by the OAG and DCWP, the agreement stipulates that Intergen and Amazing must:

  • Implement new policies that are in compliance with the New York Labor Law and NYC Paid Safe and Sick Leave Law and prevent further stolen wages;
  • Inform all employees of their rights under New York Labor Law and Paid Safe and Sick Leave Law;
  • Stop requiring employees to submit documentation to justify their use of sick leave;
  • Train aides and company management and employees on updated policies;
  • Post and distribute the Notice of Employee Rights and obtain a written, dated acknowledgement of receipt from each employee;
  • Appoint a compliance officer who will address employee complaints and regularly report to the OAG and DCWP;
  • Create a new employee manual with updated policies that must be submitted to the OAG and DCWP for approval and have it translated and distributed to all employees; and
  • Regularly report to the OAG and DCWP regarding the new policies for two years following this agreement.

To receive payments from these agreements, current and former employees of Intergen and Amazing are encouraged to contact the OAG through the online form.

BRONX WOMAN INDICTED FOR STEALING MORE THAN $27,000 FROM 9 PEOPLE SEEKING AFFORDABLE HOUSING

 

Defendant May Have Defrauded Dozens More; She Allegedly Threatened Some Victims with Deportation

 Bronx District Attorney Darcel D. Clark today announced that a Bronx woman has been indicted on Grand Larceny, Criminal Possession of Stolen Property and additional charges for taking thousands of dollars in deposits for rent-stabilized apartments she did not deliver. 

 District Attorney Clark said, “The defendant allegedly took deposits from people seeking housing, and never delivered a key and finalized lease. Our investigation found she allegedly threatened several prospective tenants by saying she would call immigration authorities to have them deported. It is believed she preyed on dozens of other people, and we are asking anyone who may have been victimized to contact our Civilian Complaint Unit at (718) 838-7040.” 

  District Attorney Clark said the defendant, Stephanie Antonio, 27, of East 182nd Street, was arraigned today before Bronx Supreme Court Justice Efrain Alvarado on six counts of thirddegree Grand Larceny, six counts of third-degree Criminal Possession of Stolen Property, nine counts of fourth-degree Grand Larceny, nine counts of fourth-degree Criminal Possession of Stolen Property, first-degree Scheme to Defraud, nine counts of Petit Larceny, nine counts of fifth-degree Criminal Possession of Stolen Property, second-degree Scheme to Defraud, and second-degree Criminal Impersonation. She is due back in court on February 28, 2022.

 According to the investigation, between May 17, 2019 and September 30, 2019, the defendant told victims she was an employee of a property management company and had a real estate license. Although she was briefly employed by the property management company, it was only to take photos for its Instagram page. The defendant allegedly used that position to gain access to keys for apartments used in the scam. She allegedly took thousands of dollars from victims in deposits for apartments she could not and was unlicensed to deliver.

 According to the investigation, the defendant intimidated multiple victims by threatening to call the U.S. Immigration and Customs Enforcement (ICE) and have them deported if they were to go to police. In one instance, she filed an assault case against one victim that was later dropped when the victim showed proof that she was working at the time.

 District Attorney Clark also thanked the NYPD Bronx Grand Larceny Squad, specifically Detective Kenneth Hines.

 An indictment is an accusatory instrument and not proof of a defendant’s guilt.

JUMAANE WILLIAMS ANNOUNCES CANDIDACY FOR GOVERNOR OF NEW YORK STATE

 

New York City Public Advocate Jumaane D. Williams today announced his candidacy for Governor of New York State. The announcement comes after a seven-week exploratory phase, during which Jumaane visited and spoke with communities from Long Island and Brooklyn to Rochester, Buffalo and beyond.


“I’ve spent my life fighting for and creating change on behalf of the people – in the streets and in the halls of governmen​​t. Public service is about meeting people where they are, and delivering what they need,” said Jumaane D. Williams in announcing his run. “In this moment, I believe we need bold, principled progressive leadership in Albany to move our state forward with justice and equity, no matter the political winds. I’m honored to announce my candidacy to be the next Governor of New York, humbled by this opportunity to empower the people and renew New York, and excited to share my vision of structural change with communities all across the state I love.”


In a video released Tuesday morning, Jumaane spoke about his time growing up in Brooklyn with Tourette Syndrome and ADHD, his time as an organizer, and how he has incorporated that work into a decade of service as an elected official. He highlights the need for creative progressive leadership for New York to move forward, to solve long standing issues faced by New Yorkers and perpetuated by the current entrenched systems.


Jumaane has been Public Advocate, the second-highest ranking elected official in New York City, since 2019. Prior, Jumaane served over nine years in the New York City Council. He mounted a progressive insurgent primary campaign for Lieutenant Governor in 2018 while a City Council Member, winning a majority in New York City and garnering 47% of the vote statewide. He has also served as director of a statewide housing justice organization, and has continued to work to unite communities across the state to solve shared issues and pursue shared goals. 


Since becoming Public Advocate, Jumaane has passed more legislation than any of his predecessors throughout their tenure, ranging from protecting affordable housing and promoting racial equity in development to codifying the right to record police activity. In his time in public office, he has passed 68 bills into law, including legislation to curb the abuses of stop and frisk, to ban the box on job applications, to promote sustainable infrastructure, and to protect against discrimination on the basis of reproductive health decisions.


Jumaane is a first generation American of Caribbean heritage who in 2010 became the first elected official in the nation with Tourette Syndrome. His areas of focus throughout his time in public service have included, among others, housing affordability and housing justice, public safety, gun violence prevention, and racial and economic equity.


TRANSCRIPT:

 

My Tourette’s has never defined me – but it has represented a truth about my life and my work– I’m always moving.  


When you’re a kid in school, moving makes you a troublemaker, a problem. When you’re a young Black man under the abuses of stop and frisk, moving makes you a target, a suspect. When you’re an activist, moving is a mantra, a means of creating change. When we organize, we build a movement, a march forward.


Marching is a statement of purpose and of progress. A demonstration. When I was arrested marching in a parade, it demonstrated the human impact of discriminatory policing. When we marched down 5th Avenue, it demonstrated our commitment to end it. When I marched to block a deportation, it demonstrated the obligation we have to do what we can, to move toward justice.


Right now our state needs to move forward. From a pandemic, from an era of scandal, and from old ways of governing that have failed so many for so long.

 

For over a decade in office I’ve shaken things up while passing nearly seventy laws on behalf of the people and more than any Public Advocate in history. As I move around our state I can see that we all want similar things, face similar obstacles, struggle against the same entrenched systems.


There is a movement building in New York. A courageous progressive movement that challenges the powerful – and helps restore that power to the people. A movement I’m proud to be a part of. Because without courageous progressive leadership, the way things have always been will stand in the way of what they can be.


I’ve never been one to sit still. When I see injustice or inertia, I’m moved to action. My name is Jumaane Williams, and I’m running for Governor of the State of New York.


Council Member Ruben Diaz Sr. - A HUMANITARIAN TRIP TO THE DOMINICAN REPUBLIC

 

WHAT YOU SHOULD KNOW
By Councilman Rev. Ruben Diaz

You should know that on the week of November 29th to December 6th 2021, I will be travelling to the Dominican Republic, with a delegation of 20 fellow ministers, members of The New York Hispanic Clergy Organization.  
 
We graciously accepted the invitation to collaborate in this humanitarian effort.  This invitation was extended by Mr. Victor Dumé, the Bavaro’s International Airport Director of Community Affairs, and Mrs. Elida Almonte, President of the Dominican Chamber of Commerce U.S.A. and the official spokesperson for the "Comité de Altagracianos USA Pro Bavaro’s Airport”.   
  
Joining this effort are the pastors and ministers from the underserved provinces of Higüey and La Ceiba in Bavaro.   The delegation of ministers that, with the help and blessing of our God, will be accompanying me from New York City will be staying at the Hotel Ancora in Punta Cana.
  
The Ministers and Pastors of Higuey and La Ceiba in Bavaro, have coordinated a health fair for two (2) days with the distinguished and respected Dr. Cruz Jiminian, and a baseball Clinic for 300 Children.  Also on the agenda are different visits and interviews with various leaders and officials of the Dominican Republic.
  
a)  The Health Fair will be held at the Public School of La Ceiba in Bavaro and will   be headed by the Dr. Cruz Jiminian Foundation, The Oviedo Optical Foundation and the Ramon Álvarez Foundation.
 
b)   The Baseball Clinic for the 300 children will be held in the auditorium of the area of “La Otra Banda” in Higüey and will be led by the distinguished athletes Rafael Landestoy, Director of the New York Mets in the Dominican Republic, Mr. Mario Melvin Soto and Mr. Leo Hernández.
 
This trip is of paramount importance to The New York Hispanic Ministers of New York where they hope to establish a close, friendly, and ministerial relationship with the Pastors and Ministers of the area and thus continue planning and conducting humanitarian efforts and social benevolent events in the future.
 
I am Councilman Rev. Ruben Diaz, and this is What You Should Know.

47 Days and Counting Come to Times Square New Years Eve

 


We have taken all the steps needed to end the COVID -19 virus in New York City, and we have made great sacrifices the past two years to get over the COVID-19 virus, to welcome in 2022 we will celebrate New Years Eve at Times Square this year. 


You are invited to Tomes Square to celebrate the ball dropping, and the end of my eight years as your mayor. Only people who have their real full COVID-19 vaccination cards and a valid photo ID will be admitted. We will publish other rules for those who can not take the COVID-19 vaccination shots, including wearing face masks, or anything else we want.