NYC SALARY HISTORY BAN LEAVES HALF OF NYS WITHOU PROTECTION

Assemblyman Crespo calls for action on his 2013 legislation which will make the ban a statewide law that is needed to address wage discrimination

    Assemblyman Marcos Crespo, Chair of the Assembly Puerto Rican/Hispanic Task Force congratulated the New York City Council on their bold step to use a pragmatic approach to solving the wage discrimination faced by woman and ethnic minorities in the private labor market.  Crespo also used this opportunity to call on the New York State Legislature to pass similar legislation he has introduced since 2013.

“I congratulate the New York City Council and Public Advocate Letitia James for attacking the problem of wage discrimination at its root cause; salary history requirements by prospective employers.  It has been obvious to me for a long time that requiring a salary history from a job applicant only serves to suppress that candidates’ wages due to generations of an unequal starting point for labor force participants who are female and ethnic minorities,” stated Crespo.

He added, “The New York State Legislature must now follow the example set in New York City and pass my legislation (Assembly Bill 2040-A).  We cannot have parts of our state making it a crime to engage in wage discrimination when half of our fellow New Yorkers are denied the same protections.”

Crespo continued, “In order to achieve fair pay, policymakers must enact laws that prevent gender based wage discrimination from the point when women and minorities enter the labor force.  Asking prospective employees for wage history as a requirement for a job interview or job application or as condition for accepting a job is a discriminatory practice that must be banned.”

Crespo has reintroduced his legislation for each of the past five years which will prohibit employers from seeking salary history from prospective employees and only allows for verification of wages via written consent by prospective employee in instances where the verification can lead to higher wages than are being offered by employer.  The legislation charges the NYS Department of Labor and Division of Human Rights with monitoring the problem and violations of the proposed law.

Requiring a salary history is a tactic used by employers to justify their lower pay rate and/or marginal pay increase for women and minority employees. This practice is a root cause of continued wage gap and wage inequalities between female and male employees and between white and nonwhite employees.

“Banning this practice should be the first step in enforcing equal pay laws like those passed by the federal government almost 53 years ago,” Crespo asserted. “Without such a ban, women and minorities start any new job having their salary based on previous salary, which to begin with was unequal to their male and Caucasian counterparts.”

According to Crespo, “It's a revolving cycle that brings us to today's persistent wage gap which ranges from 21% for white women to as much as 46% for minority women for every dollar their male counterparts earn.”

“The 1963 Equal Pay Act and the 1964 Civil Rights Act in the United States established the legal right for equal pay for equal work and equal opportunity. Yet more than half a century later, women and minorities are still subjected to wage gaps and paid less than men,” declared Crespo.

STRONG AND FAIR ECONOMY: THREE YEARS AFTER PAID SICK LEAVE EXPANSION, UNEMPLOYMENT AT HISTORIC LOWS

Department of Consumer Affairs’ Nearly Triples Paid Sick Leave Restitution for Nearly 16,000 New Yorkers

  Mayor Bill de Blasio, Department of Consumer Affairs (DCA) Commissioner Lorelei Salas and New Yorkers celebrated the third anniversary of New York’s Paid Sick Leave Law, which created the legal right to sick leave for 3.4 million private and nonprofit sector workers, nearly 1.2 million of whom did not previously have access to this vital workplace benefit. Last month, New York City recorded its lowest unemployment rate since 1976, continuing a strong expansion of new jobs that has coincided with new protections for employees. Over the past three years, DCA secured restitution for nearly 16,000 New Yorkers, and this past weekend the agency filed charges on behalf of nine JetBlue ground crew and flight attendants against JetBlue for violating the law.

“In New York, we’ve shown that protecting working families and growing our economy go hand-in-hand,” said Mayor Bill de Blasio. “For the last three years, businesses can no longer punish employees for taking time off to care for themselves or a sick child, a benefit to families and to public health. At the same time, New York’s economy is booming, with unemployment reaching lows not seen for over forty years. I thank the City Council for taking leadership and passing this law, as well as the Department of Consumer Affairs for protecting and supporting workers, especially the most vulnerable among them, including immigrants, women, people of color, or those with low incomes.”

“The Council is thrilled to mark the third anniversary of its expansion of the Paid Sick Leave Law, which has helped ensure that no New Yorker has to choose between a day's pay or caring for a sick loved one," said City Council Speaker Melissa Mark-Viverito. “This important measure has expanded protections to over a million residents, and represents the commitment we hold to working for policies and legislation that make New York City a more fair and just place for its workers. I thank Mayor de Blasio and Council Member Margaret Chin, along with the staff at the Department of Consumer Affairs’ Office of Labor Policy and Standards for their diligent work on this essential initiative.”

“Three years ago, thanks to Mayor de Blasio who significantly expanded the law, our city took a step towards building an even stronger—and healthier—workforce with its Paid Sick Leave Law,” said DCA Commissioner Lorelei Salas. “But there’s much more to do to fully protect our workforce and communities, especially as we anxiously face changes at the federal level. I want New Yorkers to know that our local workplace laws apply to all workers, regardless of status and no stroke of a pen in Washington will change that.”

In the three years since the Paid Sick Leave Law went into effect, the agency has closed more than 900 cases, securing more restitution for close to 16,000 employees. Many of these New Yorkers work for low wages as security guards, home health aides, restaurant workers, and retail workers, and many are immigrants, people of color, or women.

DCA’s Office of Labor Policy and Standards (OLPS), which is charged with enforcing the Paid Sick Leave Law, as well as others, was formally established in 2016 under the leadership of Mayor de Blasio and City Council Speaker Melissa Mark-Viverito. While DCA OLPS has investigated many different industries and employers for non-compliance with the Paid Sick Leave Law, the airline industry is one industry in New York City where OLPS has repeatedly found merit to charges against employers of violations of the law. DCA OLPS filed charges against JetBlue on Friday, March 31, 2017, which follows a case filed against Delta Airlines in February. DCA OLPS has received nine complaints from current and former JetBlue employees with various job titles (six flight attendants, two ground crew members, one customer service representative), all of whom have alleged violations of the Paid Sick Leave Law. Three of the complainants were ultimately fired as a result of JetBlue’s disciplinary policy. DCA OLPS’ charges against JetBlue include failing to properly accrue and allow employees to use sick leave, retaliation for the use of accrued leave (issuance of disciplinary “points” and termination), failing to provide pay for sick leave, and failing to provide employees with the Notice of Employee Rights as required by the law. In addition to the suits against Delta and JetBlue, DCA OLPS has an open investigation involving a third airline and a subcontracting company for the industry.

“Given the absence of any indication from the new administration in Washington that prior federal aggressive labor enforcement will continue, the City’s commitment to protecting the rights of workers is now more important than ever,” said DCA Deputy Commissioner for OLPS Liz Vladeck. “As the enforcement numbers show, DCA OLPS’ mission is to help drive a culture of compliance with respect to workplace laws, and we are working to ensure all workers in New York City are able to access the rights that our laws provide.”

Prior to the passage of the Paid Sick Leave Law, businesses raised concerns about the feasibility of implementing the law.  However, these concerns have not been realized. The New York City Economic Development Corporation recently announced that the citywide unemployment has dropped to the lowest rate since 1976—4.5 percent in January 2017, which is the earliest available unemployment data from the New York State Department of Labor. New York City has added 329,800 new jobs since Mayor de Blasio took office. Additionally, research by the Murphy Institute and Center for Economic and Policy Research has shown that the City’s Paid Sick Leave Law has not had a negative impact on businesses. In fact, the overwhelming majority of employers surveyed (more than 85 percent) reported the law did not increase costs, while more than 94 percent reported that the paid sick days law had no effect on productivity, and two percent reported that productivity increased. Similarly, 96 percent of employers reported no change in customer service as a result of the new law, and more than three percent saw an increase; less than one percent reported a decrease in customer service. Virtually no employers reported any change in turnover.

Several million New Yorkers are covered under the City’s Paid Sick Leave Law. When it went into effect in 2014, New York City became the seventh jurisdiction in the country to enact such a law, and more than two dozen additional jurisdictions have enacted laws giving workers access to paid sick leave since then. DCA continues to be a leader in the nation on advocacy around the importance of paid sick leave and, with the creation of OLPS, it is New York City’s central resource for workers and employers.

DCA’s OLPS enforces, implements, and works on the development of a new generation of minimum labor standards for a stronger city. It focuses on ensuring all workers can realize these rights, regardless of immigration status. In addition to the Paid Sick Leave Law, OLPS is implementing and/or enforcing a number of municipal workplace laws, including the Commuter Benefits Law, the City’s Living and Prevailing Wage Laws, and the Grocery Workers Retention Act. DCA OLPS also houses two new first-of-their-kind initiatives: the City’s new Paid Care Division, which is dedicated to defending the rights of paid care workers, improving the quality of paid care jobs, and strengthening the paid care system, and implementation of the Freelance isn’t Free Act, which is the very first law in the country that establishes a robust ability for freelance workers to recover unpaid or delayed wages. DCA OLPS is also charged with conducting original data collection and research, policy development, education and outreach on key workplace issues, fostering relationships with community partner, and advocating for new protections to help New York City’s working families and communities thrive.

DCA’s approach to implementation of these new and future workplace municipal laws begins with extensive education and outreach to ensure that businesses and workers know and understand their rights and responsibilities under the law. For example, the Paid Sick Leave public education campaign included a multi-year education campaign that has reached more than six million New Yorkers in 26 languages through extensive advertisements in subways, buses, and local and foreign-language print media, radio, and on television. DCA also participated in almost 1,500 events where staff distributed more than 2 million brochures about paid sick leave.

Under the NYC Paid Sick Leave Law, employers with five or more employees who are hired to work more than 80 hours per calendar year in New York City must provide paid sick leave. Employees with fewer than five employees must provide unpaid sick leave. Accrual begins on employee’s first day of employment and employees can begin using accrued leave 120 days after. On the first day of employment, employers must provide the Notice of Employee Rights in English and, if available on the DCA website, their primary language. Domestic workers who have worked for their employer for more than one year must be provided two days of paid sick leave, which is in addition to the three days of paid rest under the New York State Labor Law.

Employers and employees can visit nyc.gov/PaidSickLeave or call 311 (212-NEW-YORK outside NYC) for more information, the required Notice of Employee Rights, one-page overviews for employers and employees, FAQs, DCA’s paid sick leave training presentation, and the complaint form. DCA also developed tools to help employers keep track of employees’ hours worked and sick leave used as well as model forms for verification of authorized sick time used, intention to use sick time and request to make up missed work as an alternative to using sick time.

MAYOR BILL DE BLASIO NOMINATES ERIC LANDAU TO LEAD BROOKLYN BRIDGE PARK

   Mayor Bill de Blasio today nominated Eric Landau to serve as President of the Brooklyn Bridge Park Corporation. Landau will lead the 85-acre park’s continued expansion, oversee its daily operations and foster its long-term stability. Landau brings a wealth of experience supporting the City’s parks, having served as a Vice President at the Prospect Park Alliance and most recently as Deputy Commissioner overseeing public affairs and communications at New York City’s Department of Environmental Protection.

“Parks are among New York’s greatest treasures, and Brooklyn Bridge Park is a jewel like no other. Eric Landau has advocated for green space and sustainability for over a decade for our city, and has demonstrated impressive leadership serving the City. My administration looks forward to working with the park board to continue the critical work of developing, maintaining and protecting Brooklyn Bridge Park as one of New York City most vital public spaces,” Mayor Bill de Blasio said.

“I’m honored to be nominated as the next President of Brooklyn Bridge Park and look forward to working with the Park’s board of directors, community residents and elected officials to build upon the already massive success of the Park,” Eric Landau said. 

“Eric knows and loves Brooklyn’s parks well, and he will be an incredible leader for Brooklyn Bridge Park. I saw his commitment to engagement and community-driven planning firsthand at Prospect Park, and I know he’ll bring that same commitment to service to this iconic waterfront park,” said Tupper Thomas, former President of the Prospect Park Alliance.  

    An advocate of environmental issues, open space and community voices, Landau brings a wealth of experience in government and urban park planning.

Landau is currently Deputy Commissioner of Public Affairs and Communications at the New York City Department of Environmental Protection, which oversees management of the City’s water supply and sewer system, including providing drinking water for New York City, maintaining pressure to fire hydrants, managing storm water, and treating wastewater. The agency also regulates air quality, hazardous waste, and critical quality of life issues, including noise. In his role, Landau oversees the department’s external affairs and public relations, specifically consisting of the departments of Intergovernmental Affairs, Communications, Environmental Compliance Outreach, Education, and Special Project and Initiatives.

Prior to his appointment at DEP, Landau served as Vice President of Government and External Affairs and Special Assistant to the President for the Prospect Park Alliance, where he was responsible for building and strengthening Prospect Park’s relationships and base of support with City, State, and Federal elected and government officials, as well as local Community Boards and leaders. In addition, he oversaw the Alliance’s Marketing and Communications Department, as well as the Volunteer and Education Programs.

Landau previously served as the Senior Legislative Liaison for the National Academy of Public Administration in Washington, DC, and was an intern for the late United States Senator Paul Wellstone (D-MN).  He holds a Master’s Degree in Public Administration from The George Washington University and a Bachelors of Arts from the State University of New York at Binghamton. Landau, 37, lives in Brooklyn with his wife Kimberlee and their two children, Beckett and Harper.

The Brooklyn Bridge Park Corporation is a not-for-profit entity responsible for the planning, construction, maintenance and operation of Brooklyn Bridge Park, a sustainable waterfront park stretching 1.3 miles along Brooklyn’s East River shoreline. The corporation’s mission is to create and maintain a world class park that is a recreational, environmental and cultural destination. The corporation operates under a mandate to be financially self-sustaining, which includes certain development sites within the project’s footprint.

After Outreach from Comptroller Stringer and NYC Pension Funds, Six Major Companies Agree to Gender Pay Equity Transparency

   New York City Comptroller Scott M. Stringer and the New York City Pension Funds today announced agreements with six major healthcare and insurance companies — two industries which have the highest adjusted gender pay gaps in the nation – to disclose information on how they address gender pay equity.

“Now more than ever, we need to publicly commit to ending the gender pay gap – and these companies are leading the way. When women succeed, our economy succeeds. When shareowners stand up and companies take action, our investments perform better. Transparency is critical to eliminating these gaps,” New York City Comptroller Scott M. Stringer said. “If companies refuse to be open and honest — if they ignore investors’ concerns — we have to take a stand. This is not just about fairness — it’s about good management. There’s no excuse for companies to hide this information.”

Nationwide, women earn about 78 cents for every dollar earned by men. Further, studies have shown that the healthcare and insurance industries have some of the largest gender pay gaps — even when controlling for age, education, and years of experience, they are 33% higher than the average across the country. These discrepancies can affect women throughout their entire career — other findings regarding corporate diversity include:

• While women make up 78% of the healthcare workforce, they represent just 20% of the executive leadership at Fortune 500 healthcare companies. Nearly two-thirds of those companies have corporate boards that are over 75% male.

• Further, women make up more than 60% of the insurance industry, but hold just 10% of executive positions at insurance companies. More than 80% of board seats in the insurance industry are male.

• Yet, companies with greater gender diversity are 15% more likely to have better financial returns than male-dominated firms.

The six companies that have agreed to disclose meaningful information on gender pay equity include:

• AIG and Prudential Financial, which have for the first time released information on how they review employee salaries and work to ensure women and men are compensated equally. Both are confident they do not have a statistically significant gender pay gap;

• Aflac, which will disclose its female to male salary ratio, opportunities for advancement, and details on board oversight of compensation and benefits in its next Corporate Social Responsibility report;

• Allstate, which will publish a diversity report later this year discussing its annual compensation review process, gender pay equity adjustment policies, opportunities for advancement, and details on board oversight of diversity efforts; and

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• Anthem and UnitedHealth Group, which have agreed to conduct additional analyses.

The NYC Pension Funds’ shareowner proposal requesting disclosure of whether a company has a gender pay gap will go to a vote at upcoming annual meetings of at least three companies — Aetna, Express Scripts, and The Travelers Company — all of which refused to disclose meaningful gender pay information. The Comptroller’s Office is still in discussions with a fourth company, McKesson Corporation.

“Gender pay equity disclosures should be a market standard — and we applaud these companies for embracing transparency and fairness. But at the firms that aren’t releasing this information, investors have an opportunity to make a stand. This is simply too important for companies to ignore,” Comptroller Stringer added.

Senator Rubén Diaz Keeps His Word and Votes NO on Budget Extender Bill without “Raise the Age”

You should know that even though some of my colleagues gave their word that they would not pass a budget without Raise the Age, I kept my word and voted NO against Senate Bill 5491. 

Here is a video link to my Senate Floor Speech: https://www.youtube.com/watch?v=Lh-ga3JN9gY&feature=youtu.be 

I am Senator Rev. Rubén Díaz, and this is what you should know.

EDITOR'S NOTE:

Senator Diaz's Assembly friends and Team Diaz members are calling out Republicans in the State Senate for voting no. I will have to go to the Board of Elections to check if Senator Diaz Sr. has changed party enrollment, or is it that he is up to his old tricks in the state senate and is now looking for a couple of Amigos again.

Assemblymember Pichardo: Budget extender protects schools, hospitals and essential programs

 “I voted to pass a budget extender to fund state government at its current spending. While not ideal, the extension avoids a government shutdown and ensures that vital programs and services can continue without disruption.

   “A shutdown would have jeopardized funding for education, hospitals and public housing. The extender makes sure our schools remain open, protects CUNY funding and ensures that important services for our most vulnerable continue.

    “This extender provides a safety net. Looking forward, I’ll continue focusing on a fiscally responsible, fair state budget that maintains these and other vital services such as criminal justice reform and investments in critical infrastructure.”

News From Assemblyman Blake - We Are Doing Our Job in Albany -Blame the Republicans For No Budget

Statement on the Assembly passing the state budget extender to protect funding for schools, emergency services, vital programs

I voted to keep state government operating (A.7067/A.7068). Passing a budget extender, when we have been working very hard to come to a full budget agreement, is a hard decision to make; but it’s the responsible thing to do. A government shutdown absolutely had to be avoided.

“If the state had shut down, funding to schools and emergency services would have stopped. Lifesaving programs – such as those that help seniors afford their prescription drugs, food and housing assistance for the poor, and care for the sick and disabled – would have lapsed. Our schools, which are owed the most Foundation Aid/Campaign for Fiscal Equity funding in New York City, and our hospitals such as the Bronx Lebanon Clinic and Montefiore Clinic, deserved for us to give them some resolve now rather than waiting for us to address other critical issues. We can’t let disagreements in government become threats to the health and well-being of millions of New Yorkers.

“Now, with the extender in place as a safety net, we must focus on passing a comprehensive, fiscally responsible, fair state budget this week that addresses: #RaiseTheAge so that 16 and 17 year olds are no longer tried as adults in Criminal Court, Education funding, particularly Foundation Aid, Community School and Advanced Placement funding, affordable housing and New York City Housing Authority (NYCHA), and Minority/Women-Owned Business Enterprises.

“School budget votes are next month, and without a state spending plan, districts would be left in the dark regarding how much funding they will have for the next school year. I will keep fighting to ensure that a final state budget delivers for families in The Bronx.

I salute Speaker Carl Heastie, the first Black Speaker in New York State history and currently the only Black Speaker in the country, for standing up for the rights for young people, especially young people of color, by demanding that we #RaiseTheAgeRight.”

Statement in response to NY Senate Republicans disparaging comments about the #RaiseTheAge budget negotiations

The reprehensible comments about #RaiseTheAge by New York State Senators Ashkar, Omara, Croci, Young, Funke, Robach and their allies are absolutely disgusting, blatant lies to distort the reputation of communities of color and intentionally inserts confusion on who would be eligible for this opportunity of being treated as a young person.  #RaiseTheAge is the effort so that 16 and 17 year olds are no longer tried as adults in criminal court..  They are knowingly lying about individuals who would not be removed from criminal court for political gain.  They should actually try to work with us in a bi-partisan manner and follow the exemplary leadership of Speaker Carl Heastie, who is focused on helping young people rather than writing a headline at their expense.

These Senate Republicans may not realize it, but, the words they used to describe these young people, some of whom have been charged non-violent crimes and are awaiting trial, is the epitome of Trump-like fear mongering; racially charged, divisive in nature, and utterly appalling.  They should take time to learn the story of #KaliefBrowder, a young man who was arrested for allegedly stealing something as simple as a bookbag and spent almost three years in solitary confinement before being driven to suicide.

The New York State Senate Republicans casting these atrocious words should focus on doing their job to ensure that hard working government workers get paid on time, which the extender Bill will allow, while we continue to responsibly debate these critical issues.  Now is not the time for rhetoric.  Stop the behavior of using racist and discriminatory innuendos, grow up and realize that now, more than ever, is the time to #RaiseTheAge and #RaiseTheAgeRIGHT!

A.G. Schneiderman Announces Guilty Plea Of Leader Of Heroin Trafficking Ring That Operated Throughout New York City

Christopher Quinones Will Be Sentenced To 7 Years In Prison; Heroin Ring That Quinones Operated Sold Drugs Laced With Animal Tranquilizer

   Attorney General Eric T. Schneiderman announced the guilty plea of Christopher Quinones, the leader of a large-scale heroin trafficking ring. Quinones, of Brooklyn, pled guilty today to Criminal Sale of a Controlled Substance in the Third Degree, a class B felony. He will be sentenced on April 21 to seven years in prison followed by three years of post-release supervision.

“We have no tolerance for dangerous drug trafficking rings like the one Christopher Quinones orchestrated,” said Attorney General Schneiderman. “As New York continues to suffer through a serious opioid crisis, my office will continue to aggressively prosecute those criminals who fuel the cycle of addiction.”

Christopher Quinones was the leader of the heroin trafficking ring, and personally stamped the heroin he sold with “Times Up” and other monikers to signal to his customer that the product was coming from him.  The investigation, conducted by the Attorney General’s Organized Crime Task Force and the NYPD’s Brooklyn North Gang Squad, led to the recovery of over 1,000 glassines of heroin, some of which was cut with the animal tranquilizer ketamine. Quinones purchased and re-sold heroin on a daily basis out of several locations in Brooklyn.

At the time of his arrest in January 2017, Quinones attempted to flee police by running across rooftops while holding onto a book bag.  When he was apprehended, police discovered Quinones had filled his bag with his drug stash.  The bag included hundreds of glassines, bags of heroin, cocaine, and marijuana. Quinones also had a scale and his stamping equipment, including ink, inside of the bag.

The investigation, which began in fall 2015, led to the arrests of 9 other individuals who were all charged with Conspiracy to commit Criminal Sale of a Controlled Substance in the Second Degree: 

• Melvin Nieves, of Staten Island, New York
• Raphael Rodriguez, of Queens, New York
• Pablo Rodriguez, of Queens, New York
• Walter Quinones, of Brooklyn, New York
• Jose Perez, of Brooklyn, New York
• Johnny Gonzalez, of Brooklyn, New York
• Victor Beltran, of Brooklyn, New York
• Saul Drullard, of Queens, New York
• Brian Estevez, of Philadelphia, Pennsylvania

The charges against the remaining defendants are merely accusations, and the defendants are presumed innocent unless and until proven guilty.

In addition to prosecuting major drug trafficking rings, the Attorney General has taken numerous steps to combat the opioid crisis in New York. In June of 2011, Attorney General Schneiderman introduced state legislation for I-STOP, an online Prescription Monitoring Program or a “PMP,” that enables doctors and pharmacists to report and track controlled narcotics in real time. The OAG has also aggressively enforced laws that require parity in health plan coverage of mental health and addiction treatment, reaching agreements with six companies. Attorney General Schneiderman also announced national agreements with Cigna and Anthem, who both agreed to remove prior authorization requirements for medication-assisted treatment nationwide. The office has also reached agreements with Purdue Pharma and Endo Pharmaceuticals Inc., to ensure that these opioid makers engage in responsible and legal marketing.