A.G. Schneiderman Sues Tropical Breeze Car Wash For Allegedly Cheating Over 150 Minimum Wage Employees Out Of More Than $540,000 In Wages And Benefits

Attorney General Schneiderman Seeks Restitution, Damages, and Penalties Totaling $1.6 Million  

Lawsuit Marks Latest Case in Attorney General’s Ongoing Effort to Combat Wage Theft in Car Wash Industry – Winning Back More Than $2.5 Million in Stolen Wages for Over 1,000 Car Wash Workers Across NY  

Overall, AG Schneiderman Has Won Back Over $30 Million in Stolen Wages for More Than 21,000 NY Workers

  Attorney General Eric T. Schneiderman today announced a lawsuit against Brooklyn-based Tropical Breeze Car Wash for allegedly cheating over 150 minimum wage car wash workers out of more than $540,000 in wages and benefits. The Attorney General is seeking nearly $1.6 million in restitution, damages, and penalties.

The lawsuit was filed today in New York Supreme Court, Kings County against U.S. Auto Wash, L.L.C. d/b/a Tropical Breeze Car Wash (“Tropical Breeze”); its owner, Benno Gmuer; and its managers, Philip Gmuer and Gregory Gmuer. As the Attorney General’s complaint alleges, the company cheated over 150 car wash workers out of over $500,000 in wages and over $30,000 in benefits, and failed to pay its fair share of unemployment insurance and workers’ compensation contributions.

“Every worker deserves an honest day’s pay for an honest day’s work,” said Attorney General Schneiderman. “Yet we allege that Tropical Breeze Car Wash shamefully stiffed workers at every turn. We’re taking them to court and seeking to recover every penny of unpaid wages for these workers, plus damages and penalties for the company’s egregious conduct. Unscrupulous employers should hear our message loud and clear: if you exploit workers, we will see you in court – and make sure that you pay every worker every dollar they’re owed.”

“We are here today because of the abuses and the lack of respect that we experience. We have come together to stop this abuse not just in this car wash but in car washes across New York, and I thank Attorney General Schneiderman for bringing this important case,” said Gerardo Gomez, a worker at Tropical Breeze Car Wash.

This lawsuit is the latest case in the Attorney General’s ongoing effort to clean up the car wash industry in New York. To date, Attorney General Schneiderman has recovered more than $2.5 million for more than 1,000 workers at 26 separate car wash locations in New York. In total, Attorney General Schneiderman has won back more than $30 million in stolen wages for over 21,000 workers across New York since 2011.

An investigation conducted by the Attorney General’s office revealed that at least as early as January 1, 2012 and through at least January 1, 2018, Tropical Breeze allegedly routinely underpaid employees for hours they worked, including overtime hours, time spent waiting on-site for the car wash to open, and time deliberately cut from employees’ time cards. As alleged in the complaint, Tropical Breeze did not pay employees for an additional hour at minimum wage when the employees’ workdays exceeded 10 hours, in accordance with the spread-of-hours requirement. Tropical Breeze also allegedly failed to pay employees for at least four hours of work when employees reported to work but were sent home early, known as “call-in pay.” Additionally, Tropical Breeze denied workers reimbursement for mandatory uniforms and failed to provide employees with earned sick leave.

In addition to underpaying workers, the Attorney General’s lawsuit alleges that Tropical Breeze maintained misleading and deficient employee records, illegally managing two separate payroll systems: one for “on-the-books” employees, who constituted only about a third of the workforce, and another for “off-the-books” employees, who made up the majority of the staff. Tropical Breeze never provided information to any of its workers about their rate of pay, known as wage notices, and never provided information to its off-the-books employees about their weekly wages and relevant deductions, known as payment statements.

Finally, Tropical Breeze allegedly repeatedly filed documents with New York State that underreported its employee count and payroll expenditures in order to avoid paying full unemployment insurance contributions and workers’ compensation premiums. The Attorney General’s office is requesting the court to order Tropical Breeze to pay any outstanding fees and penalties after submitting corrected information to the State. 

In total, the Attorney General’s office is seeking nearly $1.6 million in restitution, damages, and penalties, including six years of unpaid wages and benefits totaling $542,684 for approximately 150 employees; liquidated damages totaling $542,684 under the Labor Law; and over $475,000 in penalties for Tropical Breeze’s failure to distribute wage notices and payment statements as required by law. 

During most of the period covered by the Attorney General’s investigation, the applicable minimum wage was between $8.00 and $9.00 per hour. New York’s minimum wage is currently $11.00 per hour in New York City. Overtime laws require employers to pay covered employees one and one half times an employee’s regular rate for hours worked beyond 40 hours in a given week.

The Attorney General’s Office is committed to protecting workers’ legal rights. To file a complaint, please contact the Office’s Labor Bureau at 212-416-8700 or visit www.ag.ny.gov/labor/complaint-form.

Narcotics Dealer Sentenced To 21 Years In Prison For Sale Of Heroin And Fentanyl That Resulted In Manhattan Man’s Overdose Death

  Geoffrey S. Berman, the United States Attorney for the Southern District of New York, announced that DASHAWN HAWKINS, a/k/a “Jhonny Cash,” of New York, New York, was sentenced yesterday to 21 years in prison by United States District Judge Gregory H. Woods for selling heroin and fentanyl that resulted in the overdose death of Colin Cameron, age 29, of New York, New York, on September 2, 2016. 

Manhattan U.S. Attorney Geoffrey S. Berman stated:  “Dashawn Hawkins sold the lethal dose of fentanyl-laced heroin that cut short Colin Cameron’s life.  Now Hawkins has received the lengthy sentence warranted by his serious crime and its grim consequences.”

According to documents filed in this case and statements made in related court proceedings:

On or about September 1, 2016, DASHAWN HAWKINS, a/k/a “Jhonny Cash,” sold a mixture of heroin and fentanyl to Colin Cameron.  The next morning, New York City Police Department (“NYPD”) officers responded to Cameron’s apartment on the Upper West Side, where they found Cameron dead from a drug overdose.  In the month leading up to Cameron’s death, HAWKINS had sold heroin to Cameron nearly a dozen times, and had previously sold heroin to Cameron on a daily basis for almost two years before Cameron was able to maintain sobriety for several months.  In early August 2016, however, HAWKINS contacted Cameron out of the blue in order to start selling him heroin again.  Cameron told HAWKINS that he was unsure about buying heroin because he was on a medicine designed to block the effects of opioids.  This medicine is commonly prescribed for people going through recovery.  Despite this knowledge, HAWKINS sold heroin to Cameron throughout the month of August until Cameron’s eventual death.

After identifying HAWKINS as the dealer who sold Cameron the fatal dose of fentanyl-laced heroin, the NYPD arrested HAWKINS on October 20, 2016, and searched his apartment.  During the search, officers found, among other things, additional bags of heroin and substances used to cut heroin, fentanyl packaging, over $14,000 in cash, and a short-barreled rifle with a high-capacity magazine loaded with 34 rounds of ammunition.

Mr. Berman praised the outstanding investigative work of the New York City Police Department.

Two Men Charged In Manhattan Federal Court With 2014 Robbery And Murder

  Geoffrey S. Berman, the United States Attorney for the Southern District of New York, James J. Hunt, the Special Agent in Charge of the New York Field Division of the Drug Enforcement Administration (“DEA”), and James P. O’Neill, the Commissioner of the New York City Police Department (“NYPD”), announced the unsealing of a federal indictment charging FRANK BRIGHT, a/k/a “Frankie,” and JOHN DUNCAN, a/k/a “Balla,” a/k/a “Moreno,” with the murder of Amaury Paulino.  Paulino was shot and killed on Christmas Eve in 2014 during the course of an armed robbery in the vicinity of St. Nicholas Avenue and West 129th Street.

BRIGHT was arrested today and will be presented in federal court in Philadelphia, Pennsylvania, before U.S. Magistrate Judge Linda K. Caracappa.  DUNCAN is in federal custody on another offense.  The case has been assigned to U.S. District Judge Katherine Polk Failla. 

U.S. Attorney Geoffrey S. Berman said:   “As alleged, Bright and Duncan planned a gunpoint robbery of Amaury Paulino, which resulted in his murder.  The defendants will now face justice for their alleged roles in this violent robbery.  We thank our law enforcement partners for their extraordinary efforts investigating this murder.”

DEA Special Agent in Charge James J. Hunt said:  “A cold case has brought two men before the bar of justice today after efforts by the NYPD, DEA, and U.S. Attorney’s Office to find those allegedly responsible for a 2014 Christmas Eve murder.”

NYPD Commissioner James P. O’Neill said:  “According to the allegations, the two defendants in this case are violent criminals who shot and killed a man during a robbery on Christmas Eve.  I want to thank the members of the NYPD, the DEA and the U.S. Attorney’s Office whose work secured today’s indictments and helps keep New York City safe.”

According to the allegations in the Indictment[1] and information in the public record:

On December 24, 2014, BRIGHT and DUNCAN robbed Amaury Paulino in the vicinity of St. Nicholas Avenue and West 129th Street.  During the course of the robbery, Paulino was shot and killed. 

FRANK BRIGHT, 31, and JOHN DUNCAN, 32, are charged in the Indictment with one count of robbery conspiracy, one count of robbery, and one count of murder through the use of a firearm and aiding and abetting the same.  A chart containing the charges and maximum penalties is below.  The statutory maximum penalties are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendants would be determined by the judge.

Mr. Berman praised the outstanding investigative work of the NYPD and the DEA.

This case is being handled by the Office’s Narcotics Unit and Violent and Organized Crime Unit.  Assistant United States Attorneys Gina Castellano, Jordan Estes, and Jason Richman are in charge of the prosecution.

The charges contained in the Indictment are merely accusations, and the defendants are presumed innocent unless and until proven guilty. 

COUNT		CHARGE		MAX. PENALTIES
1		Robbery conspiracy   18 U.S.C. § 1951		20 years in prison
2		Robbery   18 U.S.C. § 1951		20 years in prison
3		Murder through use of a firearm   18 U.S.C. § 924(j)		Death or life in prison

[1] As the introductory phase signifies, the entirety of the text of the Indictment and the descriptions of the Indictment set forth below constitute only allegations, and every fact described should be treated as an allegation. 

Bronx District Attorney News Cases of Interest

BRONX MAN WHO SLAMMED PUPPY TO FLOOR, INJURING HER LEG SO BADLY IT NEEDED AMPUTATION, SENTENCED TO ONE YEAR IN JAIL 

Defendant Must Register as Animal Abuser “Sally” Recovered from the Ordeal and Found a New Home

District Attorney Clark said the defendant, Roberto Martinez, 25, of 946 Leggett Avenue, was sentenced today to a year in jail by Bronx Supreme Court Justice Robert Neary. Martinez pleaded guilty to Aggravated Cruelty to an Animal, a felony, on October 13, 2017. Upon his plea, he was remanded and began serving his sentence. As part of the plea agreement, he must register as an animal abuser in the state registry and is not permitted to own an animal for five years. 

BRONX MAN TO GET 15 YEARS IN PRISON FOR ATTACKING TWO FEMALES HE KNOCKED UNCONSCIOUS AND LEFT SEMI-NAKED 

Defendant Pleaded Guilty to Attempted Assault and Attempted Robbery 

Bronx District Attorney Darcel D. Clark today announced that a Bronx man has pleaded guilty to two 2016 attacks in which he knocked the victims unconscious and removed items of their clothing. In one attack, he broke the jaw of a 15-year-old girl near Bronx Park

District Attorney Clark said the defendant, Shaun Lewis, 28, of Lurting Avenue, pleaded guilty today to Attempted Assault in the first-degree and Attempted Robbery in the second-degree before Bronx Supreme Court Justice Ralph Fabrizio. He will be sentenced to 15 years in prison followed by 5 years post-release supervision on February 27, 2018. At the time of the attacks, the defendant was on parole for a robbery in which he beat a woman and may be sentenced to additional time for violating his parole terms.

BRONX DISTRICT ATTORNEY DARCEL D. CLARK ANNOUNCES SHE WILL MOVE TO VACATE MURDER CONVICTION OF BRONX MAN AND CONSENT TO HIS RELEASE AFTER 20 YEARS IN PRISON 

Conviction Integrity Unit Re-Investigated 1996 Case, Discovered Evidence and Determined That Defendant Did Not Receive Fair Trial

Bronx District Attorney Darcel D. Clark today announced that she will move to vacate the conviction of a Bronx man in a 1996 murder, after a review of the case by the District Attorney’s Conviction Integrity Unit determined that the defendant did not receive a fair trial.

District Attorney Clark said, “Larry McKee is serving 24 years-to-life for murder, but the Conviction Integrity Unit has uncovered potentially exculpatory evidence that was not provided to the defense at the time of trial. Because of this, I will ask the Court on Monday, January 29, 2018, to vacate McKee’s conviction in the interest of justice so he can be freed as soon as possible. 

McKee, 46, was sentenced to 24 years-to-life in prison after a trial in Bronx Supreme Court in 1997. He was convicted by a jury of second-degree Murder in the fatal shooting of 29- year-old Theodore Vance on February 19, 1996, on 176th Street between Andrews and Montgomery Avenues. 

McKee’s attorney, Michael Talassazan, contacted the CIU six months ago, provided some new evidence and asked the unit to review the case. Assistant District Attorney Risa Gerson re-interviewed witnesses and examined thousands of pages of the trial file. Gerson discovered grand jury testimony of a witness who had heard the victim’s last words, which indicated “a Spanish guy.”

The evidence raised a question as to whether the shooter had been correctly identified because McKee is black, and it should have been turned over to the defense. Once ADA Gerson determined that the testimony had not been turned over to the defense, she gave it McKee’s attorney. 

27% DECREASE IN EVICTIONS

DE BLASIO ADMINISTRATION REPORTS RECORD 27% DECREASE IN EVICTIONS AS ACCESS TO LEGAL ASSISTANCE FOR LOW-INCOME NEW YORKERS IN HOUSING COURT INCREASES

In 2017 alone, there was a 5 percent decrease in residential evictions from 2016 and over the last four years, an estimated 70,000 people have remained in their homes

  The de Blasio Administration today announced that residential evictions by marshals declined 27 percent since 2013, when there were nearly 29,000 evictions annually.  Evictions decreased 5 percent in 2017, representing a total of 1,015 households and an estimated 3,000 New Yorkers across all five boroughs who were able to remain in their homes. The number of evictions in 2017 was 21,074 compared to 22,089 in 2016. Over the last four years, an estimated 70,000 people have remained in their homes as a result of decreased evictions. 

“Preventing homelessness is a key element to turning the tide, which is why we’ve expanded and invested in legal assistance for low-income New Yorkers,” said Mayor de Blasio. “By deepening investments in tenant legal services we’ve been able to build on our progress and help 70,000 people keep their homes.”

“Since 2014, 180,000 New Yorkers have benefited from our expanded tenant legal services and this is just the beginning,” said Department of Social Services Commissioner Steven Banks.  “Evictions are continuing to decline thanks to New York City’s new Universal Access Law and our deepening commitment to fighting homelessness.”

At the same time as evictions are down, the City continues to increase access to free legal representation for low-income New Yorkers facing eviction in Housing Court.  In 2017, Mayor de Blasio signed legislation making New York City the first and only city in the country to ensure that all tenants facing eviction in Housing Court or termination hearings in NYCHA public housing have access to free legal services. When fully implemented in 2022, this initiative is expected to provide legal assistance to 400,000 New Yorkers facing eviction and displacement each year.

The substantial decrease in evictions is a result of the de Blasio Administration’s efforts to make City-funded legal services and other prevention services for low-income tenants accessible. The City increased funding for legal assistance for tenants facing eviction and harassment from $6 million in Fiscal Year 2013 to over $77 million in Fiscal Year 2018, more than a twelve-fold increase in total.

The Universal Access Law, which is overseen by the Civil Justice Coordinator at the Human Resources Administration, is being rolled out beginning with high need neighborhoods.  Annual funding for legal services for tenants will increase to $155 million when Universal Access is fully implemented in Fiscal Year 2022.

These programs are leveling the playing field for tenants in housing court across the five boroughs.  So far, HRA’s tenant legal services programs have successfully contributed to an increase in legal representation for tenants facing eviction in Housing Court from 1 percent of tenants represented in court in 2013 to 27 percent in 2016, as 99 percent of landlords had legal representation.  HRA’s tenant legal services programs have provided more than 180,000 New Yorkers with legal services since 2014.

With the implementation of Universal Access underway, the City’s Public Engagement Unit and the Human Resources Administration will be conducting outreach in key areas as services are rolled out to ensure that tenants can take advantage of this important assistance.

Call 311 or visit the City's housing portal at nyc.gov/longliveny for legal help fighting eviction.

February Cultural and Health Activities at JASA Van Cortlandt Senior Center

Celebrate Tu B’shevat (Israel Arbor Day) with Suki, flute and Steve, guitar, on Tues. Feb. 6 th at 1:00 PM. Lunch of oven fried chicken or vegetarian liver with mashed butternut squash and steamed kale w/garlic will be served at 12:15 PM. Recommended senior meal contribution is $2.00 and $2.00 for the event. Holiday refreshments will be served. Please call in your meal reservations to the office 718-549- 4700 by: Fri. Feb. 2nd.

Students from the Manhattan School of Music will perform on Wed. Feb. 14 th at 1:00 PM. Lunch of beef moussaka or tuna salad will be served at 12:15 PM. Recommended senior meal contribution is $2.00 and $1.00 for the event. Please call in your meal reservations to the office 718-549- 4700 by: Fri. Feb. 9th.

New: Illuminations session offers a quiet hour of gentle flute music by Yael Acher accompanied by a respectful energy treatment by Linda Gnat-Mullin, a qualified Reiki practitioner/instructor, on Thurs. Feb. 15 th from 1 – 2 PM. The goal is to enable participants to de-stress and recharge and continue life from a strengthened and refreshed perspective. Space for this workshop is limited. Pre-register with the senior center office 718-549- 4700 by Fri. Feb. 9 th .

Note: On Feb. 15 th , lunch of salmon cake or grilled chicken breast will be served at 12:15 PM. Suggested senior meal donation: $2.00.

Celebrate February birthdays with Michael Gaskin’s lively piano/vocals on Thurs. Feb. 22nd at 1:00 PM. Michael will perform American standards as well as international favorites for dancing and listening. Lunch of lemon pepper tilapia or turkey salad will be served at 12:15 PM. Recommended senior meal contribution is $2.00 and $1.00 for the event. Please call in your meal reservations to the office 718-549- 4700 by: Mon. Feb.19 th .

Soprano Jenny Lynn Stewart will present “A Tribute to Barbara Cook” on Wed. Feb. 28 th at 1:00 PM. “Barbara Cook had ‘come to define cabaret’ in the mid-1970s following a Tony-winning (The Music Man, 1958) Broadway musical career… New York dramatic soprano Jenny Lynn Stewart, whose repertoire includes opera, musicals and cabaret, has been likened to a cross between a very young Barbara Cook and late opera great Eileen Farrell, and worked with Cook in a coaching session ahead of a Lincoln Center performance by Stewart a year ago last April…” from Centerline by Jim Bessman.

Note: On Feb. 28 th, lunch of beef stew or salmon salad with broccoli soufflé and brown rice will be served at 12:15 PM. Recommended senior meal contribution is $2.00 and $2.00 for the event. Please call in your meal reservations to the office 718-549- 4700 by: Fri. Feb.23rd.

Doriana Castro will continue to instruct Senior Fitness on Monday mornings at 10:30 AM and Tone and Stretch on Friday mornings at 10 AM through February.

Movement class with Judy Farnum, certified fitness instructor, will meet on Mon. Feb. 5 th , *12th (*Tai Chi/Yoga) and 26th at 3:00 PM. This class combines low impact aerobics with easy-to- follow exercise routines as a fun way to get moving to a wide variety of music including Classic Retro Pop, Latin Rhythms, Global Beats and more! *New more gentle movement class.

New: Tai Chi with Stan Scher, certified instructor, will meet on Tues. Feb. 6th and 20 th at 10:15 PM. Stan has recently taught UFT retired teachers and residents of the Amalgamated. Beginners welcome.

Health and Relaxation w/Kathleen continues on Thurs. Feb. 1st and 15th at 11 AM. Kathleen, a certified Yoga instructor, integrates Tai Chi and chair Yoga moves and stretches.

Flowing Yoga w/Kathleen will meet on Wed. Feb. 14 th and 28 th at 3 PM.

All meals at JASA Van Cortlandt Senior Center are catered by Mauzone (kosher) Meal Service. We offer a daily alternate choice of main entree. Please call the senior center office to request the alternative meal choice between 9:30 and 10:30 AM. Menu is subject to change. Refreshments are served at all special events.

We are located on the first floor of the Van Cortlandt Jewish Center at 3880 Sedgwick Ave. Take the Bronx #1, 2 or 10 bus to the intersection of Sedgwick Ave. and Van Cortlandt Ave. West. For more information, please call the center office at 718-549- 4700.

Statement from State Senator Gustavo Rivera on Senator Golden's Comments on the Opioid Crisis

" Senator Golden's comments regarding the opioid epidemic are racist, disturbing, and inaccurate. The life of an individual is not worth more because of their parent's profession and should not be addressed differently because of it. 

Additionally, the truth is that drugs do not discriminate when it comes to gender, race, or income. Addiction is a public health issue, not a criminal justice one, and should be treated as such across the board. Senator Golden should apologize for his troubling remarks and work in the best interest of all New Yorker's health, not just a select few."

Senator Martin Golden's comments are available from the link provided by Senator Rivera's office to the Brooklyn Eagle at http://www.brooklyneagle.com/articles/2018/1/23/truck-ban-bqe-golden-says-it%E2%80%99s-possible 

The comment occurs towards the end of the article when the reporter goes into other questions that the lead story.

One area of concern is the rising rate of opioid addiction in New York state. “It’s not a ghetto drug. It’s happening to doctor’s kids,” Golden said.

People start out on painkillers and then turn to heroin when they can no longer find a doctor willing to prescribe painkillers, he said. “They cut heroin from fentanyl,” he said. Fentanyl is dangerous because it is much more potent, he said. “The kid is addicted by the second or third hit of heroin,” he said.

Golden added that he believes there are not enough rehab centers.

Congressman Eliot L. Engel Calls Report That President Trump Tried to Fire Robert Mueller “Deeply Troubling, But Not Surprising”

  Congressman Eliot L. Engel issued the following statement in response to reports that President Trump tried to fire Special Counsel Robert Mueller in June of 2017:

“This report is deeply troubling, but not surprising. Anytime the President has felt a perceived threat he has looked to ‘fire’ his way out of it. Jim Comey, Sally Yates, Preet Bharara, the list goes on. The President wrongly believes the justice system is in place to serve his interests, not the American people’s. He couldn’t be more wrong. This isn’t some reality TV show where you can dismiss whomever you want, whenever you want, for whatever reason. Firing Robert Mueller would trigger a Constitutional crisis. It is essential that we protect the independence of this investigation, make sure the Special Counsel gets to the bottom of the Trump-Russia scandal, and find out whether obstruction of justice has taken place.”