NY State Comptroller DiNapoli Calls on Companies to Adopt Better Workers' Rights Policies

 

Shareholder Proposals Filed at Walmart, CVS, Netflix, DoorDash and Gannett

New York State Comptroller Thomas P. DiNapoli today announced a series of shareholder proposals filed at several major companies on workers’ freedom of association and collective bargaining rights. The proposals were filed with Walmart Inc., CVS Pharmacy Inc., Netflix Inc., DoorDash Inc. and Gannett Co.

“Freedom of association and collective bargaining are fundamental human rights,” DiNapoli said. “The right to join unions, without interference, and collectively bargain can help improve workers’ health and safety, as well as increase their training, skills and productivity. It’s in the companies’ own interests, and in the long-term interests of shareholders, to ensure workers are treated fairly.”

All of the proposals were co-filed with New York City Comptroller Brad Lander, on behalf of the New York City Retirement Systems, with the exception of Gannett.

“Respecting workers’ rights to organize – and not interfering when they do – should be the standard expected of any responsible employer,” Lander said. “Aggressive anti-union practices that spill into the press, violate labor laws, or contradict a company’s own policies can pose reputational and financial risks for businesses. We’re proud to make that standard clear to more of the country’s major employers, as reflected in the New York City Retirement Systems’ agreement with Apple and ongoing efforts with Starbucks. We are pleased to join Comptroller DiNapoli and the New York State Common Retirement Fund to emphasize that the long-term value is dependent on the wellbeing of a company’s workforce, and we expect portfolio companies to act accordingly.”

For Walmart and CVS, the proposals urge each company’s board of directors to commission and oversee an independent, third-party assessment of the company’s adherence to its stated commitment to workers’ freedom of association and collective bargaining rights. Those commitments follow the International Labor Organization’s Core Labor Standards and are written in each company’s human rights statement.

The proposals for the other companies ask their boards to adopt and publicly disclose a policy on their commitment to respect their employees’ rights to freedom of association and collective bargaining in their operations.

DiNapoli noted each company has faced numerous labor and workers’ rights controversies.

• Since 2001, the U.S. National Labor Relations Board (NLRB) has received approximately 250 complaints filed by Walmart employees alleging the company used disciplinary actions and retaliation as well as coercive statements and actions to stop employees from unionizing.
• In 2018, CVS was accused of attempting to undermine the validity of the election results at a Brooklyn store with the NLRB, delaying negotiations of a collective bargaining agreement. In 2022, CVS was accused of interfering in union elections in California, leading to an administrative law judge ruling for a new election.
• DoorDash has faced criticism related to its human capital management and workforce practices, which includes independent contractors who have advocated for better compensation and benefits, and the ability to negotiate with DoorDash on policies like the setting of rates and tips.
• Netflix has faced numerous controversies that have led to protests, staged walkouts, demands regarding the company’s culture, and poor overall stock performance, which directly impacts employee compensation.
• Gannett has been accused of stalling on bargaining with unionized newsrooms and not bargaining in good faith. Amid news that additional employees have considered organizing unions, Gannett allegedly threatened to lay off workers, cut benefits, force employees to work unpaid overtime and take unpaid leave.

With changing labor trends related to the pandemic, DiNapoli has continued to focus on the impact of the growing labor movement, workers’ efforts to unionize, and the demand for higher wages and benefits. He believes companies need to rethink their approaches toward their workforces, as the ability to establish and maintain constructive relationships with workers is a hallmark of a company with a sound, sustainable and profitable long-term strategy.

About the New York State Common Retirement Fund

The New York State Common Retirement Fund is one of the largest public pension funds in the United States. The Fund holds and invests the assets of the New York State and Local Retirement System on behalf of more than one million state and local government employees and retirees and their beneficiaries. The Fund has consistently been ranked as one of the best managed and best funded plans in the nation.

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

Dear Neighbor,

 

Thank you for joining us for another week in review.

The time has come for our 2023 State of the Borough! We have made much progress in our quest for a better Bronx, and we cannot wait to share with you all that we have done and all we hope to accomplish. Join us as we celebrate our Borough and outline our plans for the future on Wednesday, March 1st at Manhattan College (Kelly Student Commons, 5th Floor) at 5 pm. To RSVP, click here.

Healthy living starts with healthy choices and New Yorkers understanding what they are consuming. That is why I am proud to join my colleagues in the City Council in support of Int 687, which would require chain restaurants to post labels when a food item has a high sugar content. Our team is also preparing to launch a Borough-wide Diabetes Taskforce in the months ahead - a coalition of Bronx stakeholders and experts committed to providing healthy alternatives for our residents and families.

Tax Season is also upon us. Single-filing New Yorkers who earned $56,000 or less in 2022, or families who earned $80,000 or less, are encouraged to file their taxes for free using NYC Free Tax Prep. NYC Free Tax Prep provides free, professional tax preparation that can help New Yorkers keep their full refund, including valuable tax credits, like the newly enhanced New York City Earned Income Tax Credit (NYC EITC). The new NYC Free Tax Prep for self-employed New Yorkers will also provide income tax services to freelance workers and small businesses.

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.

IN THE COMMUNITY

We kicked off the start of Black History Month by honoring 7 incredible Black-owned businesses in the Northwest Bronx. Our small businesses are vital to the economic health of our Borough.

Lloyd’s Carrot Cake 

Ground Up Coffee Club 

Yoga for All

Clarity and Wellness Mental Health Counseling, PLLC

Jerry’s Barbershop

The Gummybear Foundation 

Kinesadelic Physical Therapy

Thank you for your work & contributions to the borough. We wish you continued success!

This year marks the 25th Annual Operation Save a Life campaign. Our family at ABC 7 and Bill Ritter have been dedicated to our community's fire safety and education, and their work has saved lives.

Fire Safety is of utmost importance to our Borough, as we have seen far too many fires plague our communities. 

As we celebrate the 25th anniversary of the Save a Life Campaign, I want to thank all of our public & private partners for joining together for such an important cause.

I look forward to our continued partnership in keeping our residents and families safe.

We joined as clergy, faith leaders, community advocates, community partners, and residents to host a Peace and Candlelight Vigil. It’s so important to lift up our families in distress, traumatized by violence in all forms, in our prayers. We lift up the family of our brother, Tyre Nichols, and all the families who have lost loved ones and children to violence. Thank you to our Bronx Interfaith Council for your commitment and partnership.

U.S. Attorney Announces $1 Million Settlement Of Civil Fraud Lawsuit Against Trading Company For Underpaying Customs Duties On Imported Footwear

 

Samsung C&T America, Inc. Admits That It Misclassified Imported Footwear And Underpaid Customs Duties

 Damian Williams, the United States Attorney for the Southern District of New York, AnnMarie R. Highsmith, the Executive Assistant Commissioner for U.S. Customs and Border Protection’s (“CBP”) Office of Trade, Francis J. Russo, the Director of CBP Field Operations New York, and Ivan J. Arvelo, the Special Agent in Charge of the New York Field Office of Homeland Security Investigations (“HSI”), announced that the United States has filed and settled a civil lawsuit against Samsung C&T America, Inc. (“SCTA”), a global trading and investment company that is a U.S. subsidiary of the Korean conglomerate Samsung C&T Corporation.  Among other things, SCTA imports and sells footwear manufactured overseas in partnership with other companies.  SCTA performs services in connection with the importation and sale of footwear, including financing, transportation, warehousing, and distribution.  The settlement resolves claims brought by the United States that between May 2016 and December 2018, SCTA violated the False Claims Act by misclassifying imported footwear under the Harmonized Tariff Schedule (“HTS”) and by not paying the full amount of customs duties owed. 

Under the settlement agreement approved by U.S. District Judge Paul G. Gardephe, SCTA will pay a total of $1 million to the United States.  As a part of the settlement agreement, SCTA also made admissions regarding certain conduct alleged in the Government’s Complaint.  Specifically, SCTA admitted that it misclassified certain imported footwear on entry documents filed with CBP and, in some instances, underpaid customs duties on the footwear.  SCTA further admitted that it had reason to know that certain documents provided to its customs brokers inaccurately described the construction and materials of the imported footwear and that SCTA failed to verify the accuracy of this information before providing it to its customs brokers. 

U.S. Attorney Damian Williams said: “SCTA improperly avoided paying the full customs duties owed to the United States by misclassifying certain footwear that it imported and thereby reducing the duty rate applied.  This Office is committed to combatting customs fraud by holding companies accountable when they misclassify goods and evade paying their legally required duties.”

CBP Executive Assistant Commissioner AnnMarie R. Highsmith said: “Misclassification and avoiding the payment of lawful duties on imported goods is a serious matter.  This practice allows entities to import goods without paying the U.S. Government the lawful amount of duties owed, creating an unfair advantage over law-abiding American businesses.  I am glad that we were able to work with our federal partners to reach a satisfactory settlement to recover these funds.”

CBP Director of Field Operations Francis J. Russo said: “U.S. Customs and Border Protection demonstrated its tenacity once again in preventing the circumvention of the payment of proper duties.  This was a total team effort by CBP import specialists and regulatory auditors, HSI investigators, and the U.S. Attorney’s Office for the Southern District of New York to uncover SCTA’s misclassification of goods, which shortchanged the United States government of the proper amount of customs duties owed.”

HSI Special Agent in Charge Ivan J. Arvelo said: “For two and a half years, Samsung C&T America, Inc. submitted false information to the United States Government, misclassified imported goods, and underpaid customs duties.  As this settlement proves, HSI, along with our law enforcement partners, will hold accountable organizations that engage in improper trade practices and deny our government of vital revenues.”

As alleged in the Complaint filed in Manhattan federal court:

From May 2016 through December 2018 (the “Relevant Period”), SCTA, in conjunction with a business partner, imported footwear manufactured overseas, including from manufacturers in China and Vietnam, into the United States.  The tariff classifications for footwear depend on the characteristics of the footwear, including the footwear’s materials, its construction, and its intended use.  Depending on the classification of the footwear, the duties owed vary significantly.

During the Relevant Period, SCTA, as the importer of record for certain customs entries referenced in the Government’s Complaint, violated the False Claims Act by misclassifying certain footwear under the HTS and by causing entry summary forms to be presented to CBP that SCTA knew or had reason to know contained false classifications.  SCTA provided its customs brokers with documentation and information, including invoices, that (i) misclassified the footwear under the HTS, and/or (ii) contained inaccurate information concerning the materials and construction of the footwear.  Accordingly, in many instances, the footwear was entered at a lower duty rate than would have been applicable had the footwear been properly classified.  As a result of the misclassifications, SCTA avoided paying the full amount of the customs duties owed.   

In the settlement agreement, SCTA admitted, acknowledged, and accepted responsibility for the following conduct:

• As the United States importer of record, SCTA was responsible for paying the customs duties owed on the footwear at issue and providing accurate documents to CBP to allow CBP to assess customs duties applicable to the footwear.
• SCTA and its business partner provided SCTA’s customs brokers with invoices and other documents and information that purportedly reflected the tariff classification of the footwear under the HTS, as well as the corresponding materials and construction of the footwear.  SCTA knew that its customs brokers would rely on the documents and information to prepare the entry summaries submitted to CBP, which required classifying the footwear under the HTS, determining the applicable duty rates, and calculating the amount of the customs duties owed on the footwear.
• SCTA had reason to know that certain documents provided to its customs brokers, including invoices, inaccurately stated the materials and construction of the footwear at issue.  SCTA failed to verify the accuracy of this information before providing it to its customs brokers.  As a result, SCTA materially misreported the classification of the footwear under the HTS and misrepresented the true materials and construction of the footwear.
• SCTA, through its customs brokers, misclassified the footwear at issue on the associated entry documents filed with CBP and, in many instances, underpaid customs duties on the footwear. 

In connection with the filing of the lawsuit and settlement, the Government intervened in a whistleblower lawsuit that had been previously filed under seal pursuant to the False Claims Act.

Mr. Williams thanked CBP and HSI for their assistance and support with the case.

Housing Lottery Launches At 3836-3838 Carpenter Avenue In Williamsbridge, The Bronx

 

The affordable housing lottery has launched for 3836-3838 Carpenter Avenue, a pair of four-story residential buildings in Williamsbridge, The Bronx. Designed by Badaly Architects and developed by Aglin Zefi, the structure yields 20 residences. Available on NYC Housing Connect are six units for residents at 130 percent of the area median income (AMI), ranging in eligible income from $69,429 to $187,330.

Residences feature energy-efficient appliances, air conditioning, and intercoms. Tenants are responsible for electricity, which includes stove, hot water, and heat.

At 130 percent of the AMI, there is one studio with a monthly rent of $2,025 for incomes ranging from $69,429 to $138,840; three one-bedrooms with a monthly rent of $2,040 for incomes ranging from $69,943 to $156,130; and two two-bedrooms with a monthly rent of $2,292 for incomes ranging from $78,583 to $187,330.

Prospective renters must meet income and household size requirements to apply for these apartments. Applications must be postmarked or submitted online no later than February 27, 2023.

Governor Hochul Updates New Yorkers on State's Progress Combating Covid-19 - FEBRUARY 8, 2023

Governor Encourages New Yorkers to Keep Using the Tools to Protect Against and Treat COVID-19: Vaccines, Boosters, Testing and Treatment

11 Statewide Deaths Reported on February 7 

 Governor Kathy Hochul today updated New Yorkers on the state's progress combatting COVID-19 and outlined basic steps they can take to protect against the spread of viral respiratory infections that become more common in the winter season.

"I urge all New Yorkers to remain vigilant and continue to use all available tools to keep themselves, their loved ones and their communities safe and healthy," Governor Hochul said. "Be sure to stay up to date on vaccine doses, and test before gatherings or travel. If you test positive, talk to your doctor about potential treatment options."

Governor Hochul is urging New Yorkers to take common prevention measures — like staying up to date on vaccines and practicing proper hygiene — to protect from the flu and COVID-19 and reduce the patient burden on local hospitals. The Governor reiterated these basic steps when she updated New Yorkers on the state's winter health preparedness efforts in December.

The New York State Department of Health's weekly flu surveillance report for the week ending January 28, shows influenza remaining widespread throughout the state for a seventeenth consecutive week, with a total of 308,279 positive cases across 57 counties reported to date. The report found that confirmed cases statewide dropped 34 percent to 2,937 for the week, while overall hospitalizations were down 35 percent from the previous week, at 304 hospitalizations across the state.

Additionally, there were 6 outbreaks in acute care and long-term care facilities, the report determined. There was one influenza-associated pediatric death reported bringing the total to nine statewide.

With flu season continuing and infections remaining widespread, Governor Hochul encourages all New Yorkers to get their annual flu vaccine. The flu virus and the virus that causes COVID-19 are both circulating, so getting vaccinated against both is the best way to stay healthy and to avoid added stress to the health care system.

The Health Department is continuing its annual public education campaign, reminding adults and parents to get both flu and COVID-19 shots for themselves and children 6 months and older. For information about flu vaccine clinics, contact the local health department or visit vaccines.gov/find-vaccines/.

Governor Hochul also continues to urge New Yorkers to get their bivalent COVID-19 vaccine boosters. In December, the New York State Department of Health announced new guidance for bivalent COVID-19 booster doses, which are now available for eligible children down to 6 months of age.

The updated boosters are the first to be targeted to the original virus strain and recently circulating variants and are recommended for young New Yorkers and all those eligible. To schedule an appointment for a booster, New Yorkers should contact their local pharmacy, county health department, or healthcare provider; visit vaccines.gov; text their ZIP code to 438829, or call 1-800-232-0233 to find nearby locations.

Today's data is summarized briefly below:

• Cases Per 100k - 13.82
• 7-Day Average Cases Per 100k - 12.59
• Test Results Reported - 47,413
• Total Positive - 2,700
• Percent Positive - 5.35%**
• 7-Day Average Percent Positive - 5.29%**
• Patient Hospitalization - 2,326 (-58)
• Patients Newly Admitted - 360
• Patients in ICU - 281 (+3)
• Patients in ICU with Intubation - 102 (+1)
• Total Discharges - 398,256 (+366)
• New deaths reported by healthcare facilities through HERDS - 11
• Total deaths reported by healthcare facilities through HERDS - 61,502

** Due to the test reporting policy change by the federal Department of Health and Human Services and several other factors, the most reliable metric to measure virus impact on a community is the case per 100,000 data -- not percent positivity.

The Health Electronic Response Data System is a NYS DOH data source that collects confirmed daily death data as reported by hospitals, nursing homes and adult care facilities only.

Important Note: Effective Monday, April 4, the federal Department of Health and Human Services is no longer requiring testing facilities that use COVID-19 rapid antigen tests to report negative results. As a result, New York State's percent positive metric will be computed using only lab-reported PCR results. Positive antigen tests will still be reported to New York State and reporting of new daily cases and cases per 100k will continue to include both PCR and antigen tests. Due to this change and other factors, including changes in testing practices, the most reliable metric to measure virus impact on a community is the case per 100,000 data -- not percent positivity.

• Total deaths reported to and compiled by the CDC (no number was listed)

This daily COVID-19 provisional death certificate data reported by NYS DOH and NYC to the CDC includes those who died in any location, including hospitals, nursing homes, adult care facilities, at home, in hospice and other settings.

Each New York City borough's 7-day average percentage of positive test results reported over the last three days is as follows **:

Borough	Sunday,   February   5, 2023	Monday,   February   6, 2023	Tuesday,   February   7, 2023
Bronx	5.09%	4.98%	4.91%
Kings	4.06%	3.82%	3.69%
New York	4.26%	4.09%	4.09%
Queens	4.83%	4.69%	4.54%
Richmond	4.85%	4.64%	4.30%