A.G. Schneiderman Announces $226,000 Settlement With Reality Television Production Company That Underpaid Workers

Sharp Entertainment LLC—Producer of “Man v. Food” and “Bad Ink”—Will Pay $226,000 in Restitution to Employees for Unpaid Overtime

Settlement is Second in AG’s Ongoing Investigation into Television Production Industry to Protect Workers’ Rights to Proper Overtime Pay

To Date, AG Schneiderman Has Won Back Over $630,000 for Television Production Workers

  Attorney General Eric T. Schneiderman today announced a settlement with Sharp Entertainment LLC, producer of “Man v. Food,” “Bad Ink,” and several other reality television programs, for misclassifying employees and subsequently failing to pay scores of employees overtime. Following an investigation conducted by the Attorney General’s office, Sharp Entertainment agreed to pay $226,000 in restitution to employees who did not receive overtime for having worked well over 40 hours each week and to reform their business practices. Today’s settlement follows the Attorney General’s $411,000 settlement with True Entertainment LLC, which produces “The Real Housewives Of Atlanta.” Both settlements are part of the Attorney General’s effort to ensure proper overtime pay in the television production industry. In total, the Attorney General has won back over $630,000 for television production workers.

“Employees deserve fair pay for their work – period. Our overtime laws are meant to guarantee that employees are fairly compensated for their long hours,” said Attorney General Schneiderman. “To date we’ve already won back over $630,000 for TV production workers in New York – and my office will continue to act to protect workers’ fundamental rights.”

The Attorney General’s investigation found that, beginning in January 2009, Sharp Entertainment misclassified employees, including Production Assistants and Associate Producers, as exempt from overtime pay. As a result, many of these workers were entitled to overtime pay but never received it. In addition to failing to compensate their employees properly, Sharp Entertainment did not keep adequate records listing the full amount of hours employees worked, and did not provide employees with accurate statements of the hours they worked during each pay period.

While there are exemptions from state and federal overtime coverage, including for certain high-level, highly compensated, or professional employees, none of those exemptions applied to the workers covered by the settlement. The overtime law focuses on the specific job duties actually performed by employees. Production Assistants and Associate Producers for Sharp Entertainment had a range of duties, including crowd control, making travel arrangements, obtaining releases from people appearing on camera, and logging footage. Based on their duties, these employees were entitled to overtime. Sharp Entertainment violatedExecutive Law 63(12) and the New York Labor Law by not paying employees accordingly.

In addition to paying $226,000 in restitution, Sharp Entertainment has agreed to several important reforms of its current business practices. These include:

• Notifying all Production Assistants and Associate Producers in writing that they are classified and will be treated as overtime-eligible, non-exempt employees that are entitled to be paid at one and one-half times their regular rates for hours worked in excess of 40 in any work week.
• Giving all employees true and accurate wage statements listing the amount of regular and overtime hours worked by employees.
• Updating their employee handbook to include information about overtime pay eligibility.
• Training current and newly hired human resources staff, including the payroll department, as well as all of its supervisory personnel, who have substantial input or control over employees’ classification as overtime exempt and the handling of their pay records.

Overtime laws exist to discourage employers from assigning long workweeks, to provide some compensation for people who have to put in very long hours, and also to spread and create employment throughout the workforce, by incentivizing companies to hire additional employees rather than overworking a more limited staff.

The settlement funds will be distributed to Production Assistants, Associate Producers, and workers who performed equivalent tasks. Sharp Entertainment must now analyze the job duties of workers with the job title “Producer” who earn below a certain amount to determine whether the workers are entitled to overtime. The company must also cooperate with all ongoing requests from the Attorney General’s office for information to ensure compliance with state law.

Cynthia Nixon Surpasses 10,000 Individual Donations

   In a showing of grassroots momentum, Cynthia Nixon has received over 10,000 individual donations since declaring her candidacy for governor just six weeks ago.

Of those donations, 98 percent are low-dollar donations below $200. By comparison, Andrew Cuomo collected a total of just 1,369 small dollar donations since the start of 2011. Over 800 individuals have also committed to making recurring donations to Cynthia’s people-powered campaign in the months leading up to the primary on September 13.

“The energy and enthusiasm we’re already seeing from Democrats across New York who are excited about our campaign is just another sign that New Yorkers know that we can do better than Andrew Cuomo,” said Cynthia Nixon. “With just  0.1 percent of his support coming from small donations from everyday New Yorkers, that tells you exactly the chance that Cuomo will care about your concerns: 0.1 percent. I want to return New York to a place where, not just corporate lobbyists, not just the wealthiest among us, but the regular New Yorkers have their everyday needs finally being addressed.”

As part of her campaign, Cynthia is not accepting any corporate donations. Cuomo, on the other hand, has built a $31 million war chest from real estate developers, Wall Street bankers, and fossil fuel executives.

News From Congressman Eliot Engel

Engel Marks 2018 GLSEN Day of Silence to Raise Awareness of LGBTQ Bullying

  Congressman Eliot Engel, a member of the Congressional LGBT Equality Caucus, marked GLSEN’s Day of Silence by introducing a resolution supporting the student-led movement to end LGBTQ bullying and harassment.

Hundreds of thousands of students across this country and throughout the world will take a vow of silence today to bring attention to the bullying and harassment of their LGBTQ peers. LGBTQ youth experience bullying, harassment, and assault at school at an alarming rate. Eight in ten LGBTQ students are harassed because of their sexual orientation or gender expression. One in eight are physically assaulted because of their sexual orientation or gender expression. More than half of LGBTQ students feel unsafe in their own classrooms, and nearly one third will miss a day of school this month because of threats, harassment, or violence.

“I have introduced a resolution supporting the Day of Silence every year for the past 16 years, and I’m proud to once again support this student-led movement,” Engel said. “This year we have seen inspiring, student-led movements push our country forward on issues from gun violence prevention to immigrant rights. The Day of Silence sends an important message that we will continue to fight back against discrimination and ensure that schools are safe and affirming for all students, regardless of sexual orientation or gender identity.”

“Each year, hundreds of thousands of students in middle and high schools across the country take action to end the silencing effects of anti-LGBTQ harassment and discrimination. Their protest provides an opportunity to reflect on how each of us can take action to address these issues that too often silence LGBTQ youth in K-12 schools. This year’s Day of Silence has added importance. Over the past year, we’ve witnessed the Education Department take unprecedented steps to reverse hard-fought progress on LGBTQ equality won over the two decades since the Day of Silence was founded,” said Eliza Byard, GLSEN Executive Director. “We are incredibly thankful to Congressman Engel for his long-standing support of GLSEN’s Day of Silence, which enables LGBTQ youth to see elected officials who support them and who advocate for safe and inclusive schools for all.”

Engel on Passage of Opioid Bills, Marathon Health Markup

  This week, the House Energy and Commerce Committee’s Health Subcommittee passed two bills co-authored by Congressman Eliot L. Engel that will help address the nation’s ongoing opioid epidemic. Both bills passed unanimously during a marathon markup session, at which more than 60 bills were up for consideration.

Congressman Engel partnered with Congresswoman Susan Brooks to author the Poison Center Network Enhancement Act, which will reauthorize the U.S. poison center program for an additional five years. Since 2011, U.S. poison centers have handled almost 200 cases daily involving opioid misuse.

The Reinforcing Evidence-based Standards Under Law in Treating Substance abuse (RESULTS) Act, which Congressman Engel introduced with Congressman Steve Stivers, will provide new guidance to applicants seeking federal grants to treat or prevent mental health or substance use disorders, better enabling them to carry out evidence-based activities.

“Families in the Bronx, Westchester and across the U.S. are suffering, and Congress must deliver solutions,” Engel said. “I am pleased to see these bills moving forward, as they will play an important role in our response to this crisis.”

During debate, Engel cautioned Republicans about the need to carefully consider policies that will have real implications for American families, rather than rush legislation that hasn’t been examined thoroughly.

“Americans need action – not the appearance of action,” Engel said. “Republicans’ insistence on considering so many bills at one time, some of which have been proposed only recently, is concerning to me. Our constituents expect us to thoroughly weigh the pros and cons of every policy we consider. If we fail to do that, we risk worsening the very crisis we are trying to solve.

“I am also disappointed by Republicans’ decision to block an amendment that would require the Department of Health and Human Services to examine the rising price of the overdose reversal drug naloxone. In 2016, the rate of opioid-related deaths in Westchester fell nearly 30 percent. Evidence suggests this was thanks in part to naloxone. Having HHS examine the rising prices that could pose a barrier to accessing this lifesaving drug makes good sense.”

Ben Franklin Democratic Club Endorses State Senator Jeff Klein

  At a well attended meeting last night the Ben Franklin Democratic  Club held the second of its 'Endorsement Meetings'. At the first meeting the club made its endorsements for the 81st Assembly District endorsing all the incumbent members for the positions of Assembly, District Leaders, and State Committee members. This second meeting was for the State Senate, Governor, and Lieutenant Governor positions. 

  While there may have been only one candidate for certain positions that showed up or sent a representative on their behalf, the ballot also had a box marked 'No Endorsement'.

 For Governor the club voted 101 for incumbent Governor Andrew Cuomo, 27 for Cynthia Nixon, and 18 for No Endorsement, 6 ballots ruled invalid, and 1 write in vote, totaling 151 votes.

 For Lieutenant Governor the club voted 85 in favor of incumbent Lieutenant Governor Kathy Hochul, 40 in favor of current Councilman Jumaane Williams, 9 for no endorsement,16 ballots were ruled invalid, and one write in vote, totaling 151 votes. 

 In the 33rd and 36th State Senate districts, incumbent 33rd State Senator Gustavo Rivera and incumbent 36th State Senator Jamaal Bailey were endorsed by the club.

 For the 34th State Senate, there was a heated but civil candidate statement session, question and answer session, and an even more civil personal endorsement by club members of both the incumbent and challenger. After all the votes were counted the club voted 106 in favor of incumbent 34th State Senator Jeff Klein, 43 in favor of  Alessandra Biaggi, and 2 in favor of No Endorsement.

Photos of the club meeting are below.

Above - Lieutenant Governor candidate Jumaane Williams addresses the Ben Franklin club on his position.

Below - 34th State Senate candidate Alessandra Biaggi explains why the club should endorse her.

Above- State Senator Jeff Klein Speaks to the club as to why they should endorse him.

Below - (L-R) Ben Franklin Vice Chair Bruce Feld, Assemblyman Jeffrey Dinowitz, Senator Jeff Klein, Female District Leader Randi Martos, Councilman Andrew Cohen, and Male District Leader Eric Dinowitz.

Joint Statement by Speaker Corey Johnson, Finance Chair Daniel Dromm and Chair of the Subcommittee on Capital Budget Vanessa Gibson on FY 2019 Budget

  “Though we are disappointed that the Mayor’s proposed budget does not address all the priorities laid out by the City Council, we are encouraged by the close to $1 billion in additional revenue expected in FY18. When combined with the efficiencies and savings the Council has already found in our FY19 budget response, this revenue has the potential to go a long way towards our goals of strengthening the social safety net, fighting for the middle class, and being responsible with taxpayer money. The administration should use this additional revenue to institute Fair Fares to help our most vulnerable neighbors, fund a $400 property tax rebate for middle class homeowners, and put away $500 million in reserves to strengthen our financial position moving forward and increase our ability to weather future shocks.

In addition, we are glad the administration has reduced excess appropriations and redistributed them over a longer period of time as requested by the Council for capital funding.

The Council will continue to advocate for our priorities throughout budget negotiations and we plan to do so in a collaborative and transparent budget process.

With the tax rebate and Fair Fares, we have the opportunity to make life better for New Yorkers who desperately need a break, and the reserves will undoubtedly help us in the future. We urge the administration to fund the Council’s priorities for the good of our neighbors and our city.”

BRONX MAN CONVICTED OF STRANGLING GIRLFRIEND SENTENCED TO MAXIMUM TERM OF 25 YEARS IN PRISON

  Bronx District Attorney Darcel D. Clark today announced that a Bronx man has been sentenced to 25 years in prison for first-degree Manslaughter in the strangling of his girlfriend in 2015. 

 District Attorney Clark said, “The defendant was convicted by a jury in the strangulation of his girlfriend inside his apartment. Now he will spend many years in prison for this senseless killing.” 

 District Attorney Clark said the defendant, Christopher Coachman, 54, of 721 East 221st Street, was sentenced today by Bronx Supreme Court Justice Miriam Best to 25 years in prison. He was convicted by a jury of first-degree Manslaughter on April 11, 2018. 

 According to the investigation, on August 10, 2015, inside Coachman’s apartment, Coachman and Alexis Beck, 50, were drinking alcohol and smoking crack. He strangled her, and after she died he lay in the bed with her. He spent 18 hours in the apartment with her lifeless body. He called a friend to say he “did something bad” and left the apartment. The friend notified police, who went to the apartment and found the victim. The defendant later turned himself in to police

 District Attorney Clark thanked NYPD Detective Robert Salerno of the 47th Precinct Squad for his assistance in the case.

Statement of New York City Comptroller Scott M. Stringer on Mayor de Blasio’s FY 2019 Executive Budget

  “Mayor de Blasio’s FY19 Executive Budget includes a number of important investments in the City’s infrastructure and social programs.

“I applaud the Mayor for bringing Fair Student Funding up to the highest average funding in more than a decade, investing in cybersecurity to protect the City’s data and operations, continuing funding support for the City’s growing population of homeless students, and funding the NYC Transit Subway Action Plan. These are critical missions which will define our City in the years to come.

“As we confront the challenges ahead, we must pay closer attention to keeping our fiscal house in order. In my analysis of New York City’s Preliminary FY19 Budget, our office highlighted the need to build up our budget cushion and prepare New York City for the possibility of tough times ahead. While our economy is in a solid position, with continued hostility from Washington, it is critical that we harness this year’s extraordinary inflow of one-time, non-recurring revenue to bolster City reserves.

“We must continue to vigorously scrub City agencies for savings and I urge the Administration to shine a bright light on the effectiveness of agency spending. We will continue to closely monitor the progress of City agencies toward achieving their goals in the most cost-effective manner possible, particularly those highlighted on our Agency Watch List: the Department of Correction, the Department of Education, and the Department of Homeless Services.

“New York must always be a place that lifts everyone up. We cannot stop investing in our City – and pushing for all New Yorkers to get a fair shot.

“Over the coming weeks, we will closely examine the FY19 Executive Budget and provide more detailed comments on the proposals. I look forward to working with the Administration and my colleagues in government to enact a responsible budget for the people of New York City.”

Fact Sheet: Mayor de Blasio Releases Executive Budget for Fiscal Year 2019

Over the next four years, all of our decisions will be driven by one, central goal: making New York City the fairest big city in America. This budget is no exception. We’re continuing commitments made to New Yorkers over the last four years, and making responsible, smart investments that have the power to bring equity to people’s lives.

Mayor Bill de Blasio.

   

  Today, Mayor Bill de Blasio presented New York City’s Executive Budget for Fiscal Year 2019 (FY19).

The FY19 Executive Budget is balanced, totaling $89.06 billion. This budget:

·    Makes modest investments that build upon continued efforts to make New York City the fairest big city in America.

·   Includes $754 million in savings – made up of partial hiring freezes, agency efficiencies and debt service re-estimates – exceeding the Mayor’s promise of $500 million and bringing total savings since last June to $2.1 billion.

·  Provides for New Yorkers while demonstrating fiscal responsibility and caution in the face of more than $530 million of realized threats from Albany, with additional threats from Washington looming.

Click here to view the FY19 Executive Budget.

NYC ECONOMY

Under this Administration, New York City’s economy remains strong and continues to hit records:

·    NYC added almost 428,000 jobs during the first term – the most for any single mayoral term.

·   With a record 4.49 million jobs, borough-level unemployment rates are at record lows in 2018.

RESPONSIBLE BUDGETING

The City is maintaining the reserves it’s built up in historic fashion. Specifically:

·         The General Reserve is at $1 billion in FY19 and every year of the financial plan, compared to the traditional $300 million.

·      The Capital Stabilization Reserve that was established under this Administration is at $250 million in FY19 and every year of the financial plan.

·       The Retiree Health Benefits Trust Fund is at $4.25 billion, $3.5 billion the result of actions taken by this Administration.

HITS FROM ALBANY

Even with the reserves, the Executive Budget reflects an almost unsustainable $530 million blow from Albany – the worst the city has seen in any State Budget since 2011. One of every four dollars, or 25 percent, of all new, City spending in this budget goes toward backfilling a cut or cost shift from Albany, including:

·         $254 million to address mismanagement of State-run subways

·         $140 million shortfall in State aid to our schools

·         $108 million unfunded mandate for Raise the Age

·         $31 million annual cut to Close to Home

INVESTMENTS IN FAIRNESS

In the vein of continuing the Mayor’s promise of becoming the fairest big city in America, this budget makes responsible investments to improve the lives of New Yorkers, including the following in Fiscal Year 2019:

·         Increasing the Fair Student Funding floor from 87 percent to 90 percent ($125 million);

·         Deepening investments in our cybersecurity to ensure the city’s systems are  defended ($41 million);

·         Further protecting New Yorkers with over 3,000 permanent security barriers ($103 million in capital);

· Expanding our Equity and Excellence Universal Literacy programs  so that  all kids read on grade level by 3^rd grade ($30.5 million);

·    Eliminating work-order backlog at NYCHA and cutting down wait times ($20 million over FY19 and FY20);

· Holding ourselves accountable and assessing the most important components of Thrive ($1.2 million);

·    Creating a new, online parking permit system to enable better enforcement and curb placard abuse ($2 million);

·     Providing a Mobile Trauma Response Unit in every borough to help disrupt violence in real time ($1.8 million);

·   Supporting students in shelters by hiring more social workers ($12 million); 

·     Investing in workforce development by continuing the Career Pathways initiatives to connect New Yorkers with career opportunities ($7.1 million).