Attorney General James Recovers $300,000 in Unpaid Wages for New York City Nail Salon Workers

 

Envy Nails Failed to Pay Minimum Wage to More Than 100 Workers at 25 Salons in the Bronx, Manhattan, and Queens Nails 181, an Envy Nails Entity, Also Subject to Judgments Totaling Over $275,000 for Felony Tax Theft

New York Attorney General Letitia James announced that her office has recovered $300,000 in unpaid wages for workers at Envy Nails, a chain of 25 nail salons located in New York City. Between 2015 and 2021, the salons failed to pay minimum wage to more than 100 current and former employees, many of whom were vulnerable immigrant workers and workers of color. As part of the agreement with the Office of the Attorney General (OAG), Envy Nails will pay $300,000 in restitution to the salon workers, dissolve improperly registered corporate entities, and submit reports to OAG for a period of three years.

One of the 25 entities doing business as Envy Nails, Nails 181, Inc. (Nails 181), has also pleaded guilty to Grand Larceny in the Third Degree, a class D felony, for failing to pay sales tax between September 2014 and August 2019. As a condition of its sentence, New York County Supreme Court Judge Laurie Peterson ordered tax judgments against Nails 181 totaling more than $275,000 in favor of the state.

“Envy Nails did not pay minimum wage, cheating more than 100 salon workers out of the livelihoods they had rightfully earned,” said Attorney General James. “We are holding them accountable for their crimes, and New Yorkers can rest assured that we will always fight for workers’ rights. Thank you to our partners in government and advocacy for working together with my office to ensure Envy Nails pays up and makes these workers whole.”

“Wage theft undermines the basic rights of working New Yorkers,” said New York State Department of Labor Commissioner Roberta Reardon. “I thank Attorney General James and Governor Hochul for their dedication to ensuring no New Yorker is robbed of their hard-earned wages. I urge those who feel they may be a victim of wage theft to contact NYSDOL immediately.”

“The Department of State, Division of Licensing Services regularly inspects nail salons to ensure compliance with wage bond and other requirements. When violations are found, the Department takes corrective action to protect the public and nail salon workers,” said New York State Secretary of State Robert J. Rodriguez. “The Department was pleased to work with the Department of Labor and the Office of the Attorney General on this matter to hold these bad actors accountable and deter future impropriety.”

“Paying business taxes is not only critical for the overall economic health of our city and our state but is also a civic responsibility. Taxpayers deserve a fair and level playing field when it comes to taxation, and no business can be allowed to simply ignore its legal obligations,” said New York City Department of Finance Commissioner Preston Niblack. “I thank the attorney general for bringing appropriate enforcement action in this case. DOF's Tax Audit and Enforcement Unit is always ready to assist, and we will continue working together with all of our partners to ensure those committing tax theft are held accountable.”  

The settlement and criminal conviction are the result of a multiagency investigation by OAG, the New York State Department of Labor (DOL), and the New York State Department of State (DOS). The DOL referred the matter to OAG in December 2018 after DOL completed another civil enforcement action against Envy Nails. The investigation revealed that between 2015 and 2021, 25 nail salons operating as Envy Nails in the Bronx, Manhattan, and Queens systematically underpaid salon workers, in violation of New York state labor laws. During this time period, Envy Nails salons misclassified their workers as independent contractors and did not pay them required minimum wages or overtime pay.

The investigation expanded when the New York State Department of Taxation and Finance (DTF) and the New York City Department of Finance (NYCDOF) discovered that in addition to wage violations, Envy Nails underreported more than $2 million in taxable sales between September 2014 and August 2019, resulting in the underpayment of at least $90,000 in owed sales tax, as well as penalties and interest.

Attorney General James thanks DOL Commissioner Reardon and Secretary of State Rodriguez, Acting Commissioner Hiller and DTF, and Commissioner Niblack and NYCDOF for their assistance with this investigation. New York City Tax Auditor Travis Goddard and Rajeev Garg, Senior Director, NYC Department of Finance, Office of Tax Enforcement also contributed to this investigation.

Attorney General James has consistently worked to defend workers’ rights and stop wage theft. In March, Attorney General James recovered $24,000 for employees of Build With Prospect, a design-build company that stole wages from its employees. In October 2022, Attorney General James secured $90,000 in stolen and unpaid wages for more than a dozen former employees of a commercial dry cleaner in Queens. In July 2022, Attorney General James delivered $500,000 to current and former employees of a Manhattan bar for enduring sexual harassment, discrimination, and wage theft. In May 2022, Attorney General James secured more than $2.9 million for hundreds of New York City Marriott workers who were denied full severance pay. In April 2022, Attorney General James recovered $175,000 for Gotham Pizza workers who were cheated out of their pay. In September 2021, Attorney General James recovered $400,000 for Long Island laundry workers who were unlawfully fired during the pandemic. In July 2021, Attorney General James delivered $600,000 to survivors of sexual harassment and discrimination at restaurants owned by famed chef Mario Batali and Joseph Bastianich. In 2020, she secured $240,000 for 11 former employees of Kenneth Friedman-owned New York City restaurant The Spotted Pig. 

MAYOR ADAMS, TLC ANNOUNCE NEW RULES TO REQUIRE CITY’S RIDESHARE VEHICLES TO BE ZERO-EMISSION, WHEELCHAIR ACCESSIBLE BY 2030

New Proposed “Green Rides” Rules Lay Groundwork for a Cleaner, More Accessible New York City

New York City to Become First Large City to Have Rideshare Fleet Entirely Either Zero-Emissions or Wheelchair Accessible 

New York City Mayor Eric Adams and New York City Taxi and Limousine Commission (TLC) Commissioner David Do today announced the newly proposed rules for “Green Rides,” which requires the transition of New York City’s rideshare fleet to either zero-emission vehicles or wheelchair accessible vehicles by 2030. This initiative lays crucial groundwork in creating a cleaner and more accessible transportation system for New York City. The proposed rules will also make New York City the first large city in the world to have a rideshare fleet that is entirely either zero-emissions or wheelchair accessible.

 

The Green Rides program and this set of proposed rules delivers on a commitment from Mayor Adams’ “Working People’s Agenda” to electrify the high-volume for-hire vehicle fleet in New York City without imposing new costs on individual drivers.

 

“When it comes to driving towards sustainable and inclusive transportation alternatives, New York City isn’t just along for the ride — in fact, we are leading the way,” said Mayor Adams. “By championing the integration of zero-emission vehicles and wheelchair accessible transportation, we are cutting dirty emissions and guaranteeing equitable transportation opportunities for every New Yorker. Green Rides marks significant progress towards establishing an environmentally conscious for-hire transportation system spanning all five boroughs. This transformative shift will serve as a turning point, propelling New York City towards a greener, cleaner, healthier future.”

 

“As Mayor Adams made clear in his State of the City address, lowering transportation emissions takes bold action. The rules proposed today will make New York City the first large city in the world to have a rideshare fleet in which every vehicle is either zero-emissions or wheelchair accessible,” said Deputy Mayor for Operations Meera Joshi. “TLC’s well-considered proposal is the first step towards mobility that is both convenient and sustainable.”

 

“The most exciting aspect of this initiative is that it not only transforms the existing fleet into one that is cleaner and more accessible but also provides a much-needed boost in development of city’s charging infrastructure,” said TLC Chair David Do. “Green Rides will have long-term benefits not just for TLC drivers but every driver in the city seeking to make the shift to an electric vehicle.”

 

“Electric vehicle adoption is a crucial piece of reducing New York City’s emissions. We are working closely with the private sector to equitably increase public charging access and inspire greater adoption and sustainable mode shifts across industries,” said New York City Department of Transportation Commissioner Ydanis Rodriguez. “We applaud Mayor Adams and Commissioner Do for their work to eliminate vehicle emissions from the rideshare fleet.”

 

“New York City is tackling climate change head-on by smartly reducing emissions from our buildings, our waste stream, and our transportation sector through TLC’s Green Rides proposal,” said New York City Chief Climate Officer and New York City Department of Environmental Protection Commissioner Rohit T. Aggarwala. “Green Rides demonstrates that taking climate action can result in cleaner air, better mobility, good jobs, and improvements to our daily lives.”

 

“Green Rides’ bold goal of transitioning to zero-emission or wheelchair accessible vehicles by 2030 helps advance the PlaNYC goal of helping New Yorkers who must drive to drive electric,” said Mayor’s Office of Climate & Environmental Justice Acting Executive Director Victoria Cerullo. “The Green Rides roadmap takes advantage of unprecedented new incentives for purchasing electric vehicles and will help expand charging infrastructure in the city — proving that TLC is getting sustainability done now.”

 

The newly proposed rules provide a comprehensive roadmap for achieving the bold goals of Green Rides over the next six years, with yearly benchmarks that are practical, implementable, and designed to ensure a smooth and efficient transition. Starting in 2024, the city will require 5 percent of all high-volume for-hire trips, including those with Uber and Lyft, to be dispatched to zero-emission vehicles or wheelchair accessible vehicles — with that benchmark rising to 15 percent in 2025 and 25 percent in 2026. As the market evolves and electric vehicle prices become more affordable, the requirements will increase yearly by 20 percentage points until the end of the decade, reaching 100 percent in 2030.

 

This transition will play a major role in advancing PlaNYC, New York City’s long-term strategic climate plan that highlights efforts the city is taking to protect New Yorkers from climate threats, improve quality of life, and build the green economy. In the plan, the Adams administration lays out actions the city is taking to achieve its goal to cut transportation emissions in half by 2030. According to a TLC study, the agency’s licensed vehicles currently contribute to approximately 4 percent of the city’s vehicle emissions.

 

Along with Green Rides, the city is working as part of PlaNYC to ensure that every New Yorker lives within 2.5 miles of an electric vehicle charging station by 2035 and electrify school buses and the city’s fleet, while pursuing legislative changes to require that private parking garages and lots make electric vehicle charging available. Both Uber and Lyft, which together comprise New York City’s high-volume for-hire fleet of approximately 78,000 vehicles, have committed to transitioning to a greener fleet by 2030.

 

Existing federal and state incentives are expected to encourage purchases of electric vehicles and drive the market towards price parity between zero-emission vehicles and internal combustion engine vehicles by 2027. Additionally, state regulations dictate that all new passenger cars, pickup trucks, and SUVs sold in the state to be zero-emission by 2035. These financial and legal forces, along with a proven demand for TLC vehicle licenses, will help rideshare drivers shift towards cleaner and more sustainable transportation options.

 

A public hearing on the proposed rules is scheduled for September 20, 2023.

 

“I love the EV. We save so much money on gas. I feel good about the change [from an internal combustion engine vehicle],” said Chris Velez, TLC-licensee EV driver and owner. “Passengers love that it is very quiet, and I get a lot of compliments. I hope the TLC releases more EV plates.”

 

“New York has always been a leader on green innovation,” said Larry Gallegos, public policy manager, Lyft. “That's why we are excited to partner with the city on its ambitious plan to electrify our industry. Through smart, targeted investments in incentives and charging infrastructure, we can help accelerate electric vehicle adoption and build a cleaner and more sustainable New York for all.”

 

“We applaud the TLC's ambition for reducing emissions, an important goal we share,” said Josh Gold, senior director for public policy and communications, Uber. “While there’s much more to do to make this a reality, we look forward to working with the TLC to achieve zero-emissions in New York City in a way that benefits drivers, riders, and the city.”

 

“The Green Rides initiative is not only a positive step toward reducing air pollution and cutting emissions from the transportation sector — which is key to fighting climate change — it’s also a shining example of how strong climate legislation at all levels of government are combining with market forces to shift the economics in favor of clean energy,” said Julie Tighe, president, New York League of Conservation Voters. “The New York League of Conservation Voters applauds Mayor Adams and Commissioner Do for introducing this forward-thinking initiative and for their commitment to getting stuff done that will not only benefit our environment but also contribute to a healthier, more livable city for all.”

 

“A cleaner future for our city is a vision we support as drivers and New Yorkers, and it starts with bold initiatives like this,” said Brendan Sexton, president, Independent Drivers Guild. “We appreciate the mayor promising in his Working People's Agenda unveiled in January of this year that our city's hardworking drivers wouldn't bear the cost of this transition. New York has a proud history of leading the nation in accessibility and sustainability initiatives as well as worker protections. We look forward to working closely with Mayor Adams, Deputy Mayor Joshi, and Commissioner Do to ensure the necessary infrastructure and financial support for a successful Green Rides transition for all.”

Following Death in Suffolk County Tied to Rare Vibrio Vulnificus Bacteria, Governor Hochul Updates New Yorkers on Public Health Precautions and Ongoing Preparedness Efforts

 

New York State Department of Health Has Issued Guidance To Providers On Best Practices To Treat And Identify Cases

Vibrio Vulnificus Bacteria, Which Can Cause Skin Breakdown and Ulcers, Has Been Identified In A Recently Deceased Individual From Suffolk County

 Governor Kathy Hochul today announced that vibriosis, a rare but potentially fatal bacterial infection that can cause skin breakdown and ulcers, has been identified in a recently deceased individual from Suffolk County. Fatal cases of vibriosis have also been identified in Connecticut. The Governor urged New Yorkers to learn how to avoid exposure and to take appropriate precautions, as the New York State Department of Health reminded providers to consider vibriosis when diagnosing wound infections or sepsis of unknown origins.

“While rare, the vibrio bacteria has unfortunately made it to this region and can be extraordinarily dangerous,” Governor Hochul said. “As we investigate further, it is critical that all New Yorkers stay vigilant and take responsible precautions to keep themselves and their loved ones safe, including protecting open wounds from seawater and for those with compromised immune systems, avoiding raw or undercooked shellfish which may carry the bacteria.”

Vibriosis is caused by several species of bacteria, including the Vibrio vulnificus bacteria, which occurs naturally in saltwater coastal environments and can be found in higher concentrations from May to October when the weather is warmer. Infection with vibriosis can cause a range of symptoms when ingested, including diarrhea, stomach cramps, vomiting, fever and chills. Exposure can also result in ear infections and cause sepsis and life-threatening wound infections.

The death in Suffolk County is still being investigated to determine if the bacteria was encountered in New York waters or elsewhere. In the meantime, the New York State Department of Health this week reminded health care providers to consider vibrio vulnificus when seeing individuals with severe wound infections or sepsis with or without wound infections.

New York State Health Commissioner Dr. James McDonald said, “We are reminding providers to be on the lookout for cases of vibriosis, which is not often the first diagnosis that comes to mind. We are also suggesting to New Yorkers that if you have wounds, you should avoid swimming in warm seawater. And, if you have a compromised immune system, you should also avoid handling or eating raw seafood that could also carry the bacteria.”

While anyone can get vibriosis, those with liver disease, cancer or a weakened immune system or people taking medicine to decrease stomach acid levels may be more likely to get an infection or develop complications when infected.

To help prevent vibriosis, people with a wound, such as a cut or scrape, a recent piercing or tattoo, should avoid exposing skin to warm seawater in coastal environments or cover the wound with a waterproof bandage. In addition, those with compromised immune systems should avoid eating raw or undercooked shellfish, such as oysters, which can carry the bacteria. Wear gloves when handling raw shellfish and thoroughly wash your hands with soap and water when finished.

More information about vibriosis can be found here.

Queens Man Pleads Guilty To Midtown Manhattan Shooting

 

Damian Williams, the United States Attorney for the Southern District of New York, announced that STEFAN MELVILLE pled guilty in connection with firing multiple rounds with a handgun at two individuals outside of a party at a hotel in Midtown Manhattan.  MELVILLE pled guilty before United States District Judge Richard M. Berman and is scheduled to be sentenced on November 28, 2023.

U.S. Attorney Damian Williams said: “On a summer night in Midtown Manhattan last July, Stefan Melville used a handgun to fire multiple rounds of ammunition at two individuals walking on the sidewalk near the corner of 42nd Street and Ninth Avenue.  The shots sent innocent pedestrians frantically running for cover.  This plea sends an important message that we will continue to relentlessly investigate and prosecute gun violence in our city.”

According to court filings and statements made in court proceedings:

On or about July 3, 2022, MELVILLE fired multiple shots with a handgun in the direction of individuals walking on the sidewalk near the corner of 42nd Street and Ninth Avenue.  The following images from surveillance footage show MELVILLE firing his handgun.

Upon arriving at the scene, officers of the New York City Police Department (“NYPD”) recovered the upper assembly of a firearm, 3 shell casings and 1 unfired cartridge inside the barrel of the firearm assembly on the sidewalk where MELVILLE engaged in the shooting.  The following images show the shell casings and firearm assembly recovered at the scene.

MELVILLE, 30, of Queens, New York, pled guilty to one count of possession of ammunition after a felony conviction, which carries a maximum sentence of 15 years in prison.

The maximum potential sentence in this case is prescribed by Congress and is provided here for informational purposes only, as any sentencing of the defendant will be determined by a judge.

Mr. Williams praised the outstanding investigative work of the Metro Safe Streets Task Force, which is composed of agents and officers of the Federal Bureau of Investigation and the NYPD.

Two Pinterest Directors Resign from Nextdoor Board of Directors in Response to Justice Department’s Ongoing Enforcement Efforts Against Interlocking Directorates

 

Antitrust Division Continues to Focus on Competitors Sharing Company Directors in Violation of Section 8 of the Clayton Act 

The Justice Department announced that two directors of Pinterest Inc. (Pinterest) have resigned their positions on the Board of Directors of Nextdoor Holdings Inc. (Nextdoor) in response to the Antitrust Division’s ongoing enforcement efforts around Section 8 of the Clayton Act. The division's enforcement initiative has led to fifteen interlocking director resignations from eleven boards.

“We remain steadfast in our commitment to protect competition by preventing interlocking directorates that we believe violate Section 8 of the Clayton Act,” said Deputy Assistant Attorney General Andrew Forman of the Justice Department’s Antitrust Division. “Enforcement involving interlocking directorates will continue to be one of the top priorities of the Antitrust Division.”

Section 8, which Congress made a per se violation of the antitrust laws, prohibits directors and officers from serving simultaneously on the boards of competitors, subject to limited exceptions. In response to the division’s Section 8 enforcement efforts, two directors who served on the boards of both Nextdoor and Pinterest resigned from the board of Nextdoor effective Aug. 1, without the directors or either company admitting liability.

Nextdoor is a Delaware corporation headquartered in San Francisco. It is a large social network that connects users, businesses and other neighborhood stakeholders. 

Pinterest is a Delaware corporation headquartered in San Francisco. It is a leading social network and image sharing service. 

Anyone with information about potential interlocking directorates or any other potential violations of the antitrust laws is encouraged to contact the Antitrust Division’s Citizen Complaint Center at 1-888-647-3258 or antitrust.complaints@usdoj.gov. 

Housing Lottery Launches For 3073 Barker Avenue In Williamsbridge, The Bronx

 

The affordable housing lottery has launched for 3073 Barker Avenue, an eight-story residential building in Williamsbridge, The Bronx. Designed by Dome Architecture and Design and developed by Omni Build, the structure yields 25 residences. Available on NYC Housing Connect are 24 units for residents at 130 percent of the area median income (AMI), ranging in eligible income from $72,000 to $167,570.

Amenities include bike storage lockers, recreation room, rooftop terrace, and a virtual doorman. Residences come equipped with air conditioning, smart controls for heating and cooling, energy-efficient appliances, intercoms, and name-brand kitchen appliances. Tenants are responsible for electricity.

At 130 percent of the AMI, there are seven studios with a monthly rent of $2,890 for incomes ranging from $99,086 to $146,900; 12 one-bedrooms with a monthly rent of $3,059 for incomes ranging from $104,880 to $165,230; and five two-bedrooms with a monthly rent of $3,599 for incomes ranging from $123,395 to $198,250.

Prospective renters must meet income and household size requirements to apply for these apartments. Applications must be postmarked or submitted online no later than October 16, 2023.

EDITOR'S NOTE:

This is not affordable housing.

Bronx Borough President Vanessa L. Gibson - Community Resources & Updates

 

Dear Neighbor,

 

Thank you for joining us for another week in review.

We had quite the week, as we celebrated the 50th anniversary of hip-hop right here in the Boogie Down! Our hip-hop pioneers, legends, and fans did not disappoint and were with us at the celebratory toast for the Universal Hip-Hop Museum, at Yankee Stadium for the Hip Hop 50 concert, at St. Mary`s Park for our hip-hop tribute, and at so many other events commemorating the anniversary of this world-changing music genre. Even as others try to claim hip-hop for themselves, we are proud to be the official birthplace of this global phenomenon!

As the summer is about to conclude, we are preparing our students for returning back to school in the fall. Last week, we hosted a Back to School Health and Literacy Fair at C.S. 134 and we are hosting another Back to School event at P.S. 51. We were able to provide backpacks and supplies for 500 of our families in need and we are hoping to once again provide support for our students and families in our borough.

Lastly, thank you to everyone who helped volunteer for our Bronx Clean Up Series in partnership with the New York Yankees, the Sanitation Foundation, Amazon, and other community partners. Across the 6 events this year, 600 volunteers collected 5,203 lbs of litter! That's almost 200 more volunteers than we had last year and shows Bronxites' commitment and dedication to keeping our streets clean.

 

As always, if you have any questions or concerns, please do not hesitate to contact our office at 718-590-3500 or email us at webmail@bronxbp.nyc.gov.

 

In partnership,

Bronx Borough President Vanessa L. Gibson

UPCOMING EVENTS

HIP-HOP 50

No one celebrates hip-hop like we do in the Bronx! So much love  for hip-hop this past weekend as we recognized 50 years of this  life-changing music genre. Thank you to the organizers and  sponsors of one of the most epic concerts this year at Yankee  Stadium, and Happy 50th Anniversary hip-hip!   : @geniusexposuremedia

IN THE COMMUNITY

The Bronx was well represented at the National Dominican Day  Parade! Thank you to the parade organizers and everyone who  participated this year.  ¡Que viva Quisqueya!    : @geniusexposuremedia Our Back to School event was a huge success. Thank you to C.S.  134, Montefiore Einstein, Empire BlueCross BlueShield and all of  our other partners that contributed to making this event possible.  With their support, we were able to serve 500 of our children and  families. Thank you to all of our new and returning members for joining us at  our Community Board Appreciation Event & BBQ! Our community  boards are an essential component of civic engagement and moving  our borough forward. We are eternally grateful for your service.   This year, we honored our Parks Committee chairs for their work in  advocating for enhancements and improvements to our green spaces.  Congratulations to our honorees for their tireless work in fighting  for environmental equity and justice in our borough.