AG James, Comptroller Stringer, And 32Bj President Bragg Return More Than $400,000 In Recovered Wages To Building Service Workers

  Attorney General Letitia James, New York City Comptroller Scott Stringer, and 32BJ SEIU President Kyle Bragg today distributed more than $400,000 in back wage plus interest to 11 building service employees who were cheated out of their prevailing wages for work at a luxury apartment building in Downtown Brooklyn. In November 2019, Attorney General James and Comptroller Stringer announced a historic $2.9 million settlement with the developers and landlords of 180 Nassau Street, Brooklyn Warehouse 180 LLC and Mica Gabe Brooklyn LLC, for willfully violating prevailing wage requirements under the New York State Section 421-a tax exemption program by underpaying building service employees and withholding supplemental benefits. The workers at the building were represented by whistleblower 32BJ SEIU, who notified the Attorney General’s Office and the City Comptroller’s Office about the violations.

The settlement, which provided recompense for the building service employees, was approved by the Department of Housing Preservation and Development (HPD), which administers the tax exemption program in the City of New York. The 11 workers received various amounts based upon their hours worked and date of hire, ranging from $5,500 to $80,000. 

“There is zero tolerance for cheating workers out of their hard-earned pay,” said Attorney General James. “As a result of our investigation, we were able to secure hundreds of thousands of dollars for these workers – payment that they should have received long ago. I thank the Comptroller and 32BJ for their partnership in holding these bad actors accountable and ensuring that our workers get the pay they deserve.”

“In New York City, the dignity of work matters and we will never stand idle when hard-working New Yorkers are exploited or underpaid,” said Comptroller Stringer. “Today, these 32BJ SEIU members received the wages they earned and the justice they deserve – and we’re sending a clear message to unscrupulous developers, contractors and landlords that they better follow the rules when they get millions of dollars in property tax breaks. I am proud of the collaborative effort between my office, the Attorney General’s Office, HPD and 32 BJ SEIU, which allowed us to recover these wages and put them back where they belong — in the hands of working New Yorkers to provide for their families, just in time for the holidays.”

A joint investigation conducted by the Office of the New York Attorney General and the Office of the New York City Comptroller revealed that, in 2014, defendant Mica Gabe fraudulently induced the New York City Department of Housing Preservation and Development (HPD) to issue a Section 421-a partial tax exemption for the Brooklyn property, based on Mica Gabe’s false assurance that building service employees would be paid prevailing wages, but the two defendants failed to pay the applicable wages to employees between August 2014 and March 2016. In fact, less than two weeks after certifying to HPD that they would pay the building service employees prevailing wages, Mica Gabe began hiring doormen, porters, and a superintendent for the 180 Nassau Street property and paying them wages lower than required by law.

"Attorney General James, Comptroller Stringer, we thank you for upholding the law on behalf of working New Yorkers,” said 32BJ SEIU President Kyle Bragg. “This is a huge victory, not only for the hardworking men and women who have kept Brooklyn Warehouse clean, safe and functioning for tenants, but also for the families and communities that rely on them. The back wages will help Brooklyn Warehouse’s concierge, superintendent, doormen, porters and other building service workers get back on their feet after being grossly underpaid. This also sends a clear message to employers across the city that workers’ wages and benefits must be paid properly. It’s not an option to break the law at the expense of working people in our state."

“Today, these workers who were not given their due were made whole thanks to the City and State’s joint enforcement efforts,” New York City Department of Housing Preservation and Development Commissioner Louise Carroll said. “I commend the Office of the Attorney General and the Comptroller for their work to do right by this city’s workers and ensure that property owners across New York know that if they violate the law there will be consequences.”

Section 421-a of the New York Real Property Tax Law grants tax breaks on certain new multi-unit residential buildings. To qualify, Section 421-a requires that any project receiving the tax exemption be subject to local rent stabilization laws and — where projects contain at least 30 units — requires developers to either pay prevailing wages to building service workers or set aside a number of affordable housing units. 

For their violations of Section 421-a and the New York False Claims Act, the two defendants paid the full back wages to workers, along with 16-percent interest, in addition to over $2.5 million in damages to the city and state. Union 32BJ SEIU, the whistleblower that came forward to report the fraud, also received a percentage of the damages to be paid.

In connection with the November 2019 settlement, the defendants admitted to violating the New York False Claims Act, as well as a willful violation of the Section 421-a prevailing wage regulations. In addition, Brooklyn Warehouse is required to ensure that the prevailing wage regulations are followed in the future by providing the Office of the Attorney General with annual wage reports, and must show that any subsequent purchaser has agreed to comply with the prevailing wage requirements of Section 421-a.

The 10-story luxury apartment building at 180 Nassau Street in Downtown Brooklyn includes 103 luxury rental units with a 24-hour concierge-attended lobby, as well as a superintendent, doormen, porters, and other building service employees who service and maintain the property.

The Office of the New York Attorney General wishes to thank the Office of the New York City Comptroller, the New York City Department of Housing Preservation and Development, and Corporation Counsel for their valuable assistance in this investigation. The investigation began after local union 32BJ SEIU notified the Attorney General's Office of the underpayment of wages and fraudulent inducement of Section 421-a tax exemptions, filing a suit under the New York False Claims Act.

BRONX MAN SENTENCED TO 15 YEARS TO LIFE IN PRISON FOR FATALLY SHOOTING EX-GIRLFRIEND’S NEW BOYFRIEND

Defendant Pleaded Guilty to Second-Degree Murder

 Bronx District Attorney Darcel D. Clark today announced that a Bronx man has been sentenced to 15 years to life in prison after pleading guilty to killing his ex-girlfriend’s new boyfriend. 

  District Attorney Clark said, “The defendant entered his ex-girlfriend’s home through the bedroom window and shot the victim, who was trying to help the woman escape. As the victim lay on the floor, the defendant shot him again in the head. I hope the victim’s family and the witness to this horrific crime will have a measure of justice with this prison sentence.” 

  District Attorney Clark said the defendant, Angel Freites, 29, of 2020 Grand Avenue, was sentenced today to 15 years to life in prison by Bronx Supreme Court Justice Steven Hornstein. The defendant pleaded guilty to second-degree Murder on November 14, 2019.

 According to the investigation, at about 9 p.m. on June 20, 2018, the defendant entered the fourth-floor apartment where his ex-girlfriend lived, at 1801 University Avenue, through the bedroom window. Inside the bedroom he saw the victim, Lennin Taveras, 30, with the woman, and demanded to know why she brought a man into the house. The victim urged his girlfriend to run and Freites shot him multiple times, including once in the chest and one shot to the temple. The victim was pronounced dead at the scene. After Freites shot Taveras he forced his exgirlfriend to come with him to 2020 Grand Avenue, where the defendant was staying with his family members. The defendant then fled, and she called 911. The defendant turned himself in to authorities on July 6, 2018.

 District Attorney Clark thanked Detective Stephanie Cepeda of the 46th Precinct and Detective Sean Butler of Bronx Homicide for their assistance in the investigation.

NEWS FROM - Congressman Adriano Espaillat

$192 Million Additional Funding Secured for Federal New Starts Program which will Fund Second Avenue Subway Phase II Extension

Representative Adriano Espaillat released the following statement on legislative victories secured through his efforts in the recent appropriations package that will have immediate impacts on projects throughout New York’s 13th congressional district.

“As we will soon mark the close of another successful legislative calendar year, I am delighted to announce that several efforts that I have pushed in Washington on behalf of my constituents will be included in the recent appropriations package and will impact the lives of New Yorkers and individuals around the nation,” said Rep. Adriano Espaillat . “I am especially thrilled to announce that we have secured a 13% increase, or $192 million in additional funding for the federal New Starts Program, which will fund the Second Avenue Subway Phase II extension, a project that is critical to the health and prosperity of our community and will provide transit options that East Harlem desperately needs. We have fought hard for this important project and this appropriations victory will help make expansion of Phase II of the Second Avenue Subway a reality.”

The recent appropriations package, which is expected to become law, includes a number of requests that Rep. Espaillat has spent the year advocating for:

• $21 million for body-worn cameras for CBP border agents to ensure greater transparency and oversight of immigration enforcement agencies along our nation’s southern border;

• Language that requires ICE to provide an update to Congress on the status of its body-worn camera pilot program;

• Language that requires the U.S. Citizenship and Immigration Services (USCIS) to work with stakeholders and report to Congress any plans to consolidate or close international field offices, which provide vital services to Americans and prospective residents living overseas;

• An increase in the Caribbean Basin Security Initiative (CBSI) by $2 million, bringing that project to $60 million total, to combat drug trafficking, promote social justice, and increase public safety and security in the region;

• $45 million to help Hispanic-serving colleges and universities expand their science, technology, engineering and math programs;

• And full funding for the Farmers Market Nutrition Program for a total of $18.5 billion, which helps those with WIC program nutrition assistance purchase fresh produce from locally-sourced farmers markets.

“I take my oath of office seriously and will continue my efforts to push for smart legislation and critical funding that will help improve the lives of hard-working families in my district and throughout New York.”

BP DIAZ HOSTS ANNUAL CHESS IN THE SCHOOLS TOURNAMENT

 Today, Bronx Borough President Ruben Diaz Jr., AT&T and Chess in the Schools co-hosted the Bronx Borough President’s Annual Chess Challenge at the Bronx County Building’s Veterans’ Memorial Hall.

More than 300 students from all over The Bronx participated in the tournament, which featured chess aficionados from grades 3-8 testing their skills against one another. Winners in each division were presented awards by Borough President Diaz, AT&T President-Northern Region Marissa Shorenstein, and Chess in the Schools President & CEO Debbie Eastburn at the event’s conclusion.

“Chess is one of those games that sharpens the mind, enhances decision-making skills, reinforces mental discipline, and works out the most important muscle in ours body – the brain,” said Bronx Borough President Ruben Diaz Jr. “I love hosting this event because these young chess-masters are learning the importance of developing long-term strategy, thinking several steps ahead as far as implementing that strategy, and the patience that goes with adjusting to your opponent’s moves. I feel like everyone is a winner today. I want to thank AT&T and Chess in the Schools for their continued support of this wonderful event.”

“Taking on Bronx Borough President Rubén Díaz Jr. in our annual chess match is one of my favorite events of the year,” said Marissa Shorenstein, President, Northern Region, AT&T. “AT&T continues to team up with the Borough President and Chess in the Schools for the Chess Challenge year after year because we’re committed to helping Bronx students develop the critical thinking and academic skills they need to succeed in school.”

"The Bronx Borough President Ruben Diaz Jr. and The President of AT&T North Region Marissa Shorenstein are skilled chess players who care deeply about bringing chess education to the children of The Bronx,” said Debbie Eastburn, President and CEO of Chess in the Schools. “Today, we have 300 youngsters from 12 schools competing in our biggest-ever Bronx Borough President's Tournament! Thanks to the sponsorship by AT&T New York and the dedication of the Borough President's Office, these children are gaining intellectual skills that will help them succeed in school and beyond.”

Chess in the Schools has been teaching and empowering more than a half-million students in the most underserved communities throughout New York City, since 1986, helping students learn to use chess as an educational tool to promote learning and critical thinking.

A Holiday Event For The Community

Assemblywoman Latoya Joyner and Councilwoman Vanessa Gibson invite you to celebrate this holiday season with your community!

When: Saturday. December 21, 2019, from 11:00AM to 1:00PM

Where: Phoenix Restaurant 1404 Ogden Avenue

Team Ritchie - We just picked up another huge labor endorsement!

Team, Donald Trump likes to portray himself as a champion for the American worker, but New Yorkers know better.   From refusing to pay contractors for completed work, to being investigated by the Department of Justice for housing discrimination, Donald Trump’s hostility to working people has always been on display -- and it’s only gotten worse as president.   Thanks to policies designed to weaken collective bargaining and give greater control to corporate bosses, union membership has plunged to just 10 percent nationally, down from highs in the 1950s of more than 35 percent. Trump has even appointed a staunch union-buster as his labor secretary -- someone who has spent decades stripping away workers' rights on behalf of corporate clients. Ritchie isn’t afraid to stand up and fight for the rights of workers in the era of Trump. He’s honored to have the support of numerous labor unions across the city, including the Communications Workers of America, who represent more than 700,000 workers in the public and private sectors. Ritchie will hold the Trump administration accountable for their union-busting policies, and he’ll champion legislation that puts a stop to the unchecked power of corporations. But Ritchie needs your help.    -- Team Ritchie

Team AOC - Are you mad?

In 2018, the DCCC endorsed and supported a right-of-center Democrat in New Jersey’s 2nd Congressional district — Jeff Van Drew.

His voting record was clearly conservative. He had an “A” rating from the NRA. There were progressive candidates running in the race. None of that mattered, because the DCCC endorsed him anyway.

Now, he’s poised to defect and join the Republican Party. Are you angry? We sure are — the DCCC has gone out of their way to stamp down on progressive candidates, and lift up conservative Democrats.

And they’re still at it. Right now, the DCCC is working to protect an out-of-touch, anti-choice incumbent against a progressive challenger in Illinois’ 3rd district — Marie Newman.

If the DCCC won’t change, we need to send them a message.

For too long, the DCCC has stepped on progressive candidates to support moderate or conservative Democrats out of fear. That’s a huge impediment to passing our progressive policies in Congress.

And the DCCC isn’t changing its ways. Last year, they announced their new blacklist policy — any staffer or consultant that worked with a progressive challenger would be removed from the DCCC-approved list.

For progressives like Marie Newman, that hurt. People got scared of the DCCC’s blacklist, left the campaign, and put them in a really difficult spot against their pro-life, conservative Democratic opponent.

And that’s just the beginning of their hypocrisy. According to a recent report by The Intercept, the DCCC has no qualms about working with companies that contract with Republicans.

There’s one thing we know for sure: When a blacklist policy targets progressives, but not Republicans who use their seats to push Trump’s divide-and-conquer agenda, something is seriously wrong.

Thanks for all that you do,

Team AOC 

PROTECTING YOUNG NEW YORKERS: DE BLASIO SIGNS BAN OF FLAVORED E-CIGARETTES INTO LAW

Bans the sale of flavored electronic cigarettes and flavored e-liquids in New York City, including mint, menthol and wintergreen e-cigarettes and e-liquids

 Building on previous efforts to curb the use of tobacco among young New Yorkers, Mayor Bill de Blasio signed Intro. 1362-A by Council Member Mark Levine  today banning the sale of flavored electronic cigarettes and flavored e-liquids in New York City, including mint, menthol, and wintergreen e-cigarettes and e-liquids. The ban takes effect July 1, 2020.

“Big tobacco, take note: New York City will not stand for your cynical attempts to hook children on a potentially lethal, lifelong nicotine addiction,” said Mayor Bill de Blasio. “By signing this legislation, we are standing up for our kids, the health of our city, and taking the action that is necessary to curb tobacco use once and for all.”

Intro 1362-A bans the sale of flavored e-cigs and flavored e-liquids in New York City, including mint, menthol and wintergreen e-cigarettes. The bill would also ban the use of “concept flavors”, like Rainbow Road or Polar Breeze, which attempt to circumvent flavor bans.  Additionally, the legislation requires the Department of Health and Mental Hygiene to conduct an awareness campaign to educate the public about the availability of smoking-cessation resources. This goes into effect in 90 days.

The City has taken extensive action to prevent and discourage the use of e-cigarettes among minors. Retailers are prohibited from selling e-cigarettes and related products to those younger than 21 years old. Additionally, a separate license is required to sell e-cigarettes, and use of e-cigarettes is prohibited in all places where smoking is prohibited, including schools, parks, and many workplaces. Additionally, pharmacies are no longer allowed to sell any tobacco or e-cigarette products.

Literacy and education of the dangers of e-cigarettes has been a key component of the City’s prevention efforts. In October, The Department of Health and Mental Hygiene launched a bilingual, multi-platform digital media campaign—including Instagram, Snapchat, Twitter, YouTube, Hulu, Facebook, and Google search—to educate teens about the dangers of e-cigarettes.

Last year, as part of the de Blasio administration’s comprehensive approach to reducing the retail availability of tobacco, the city banned the use of tobacco products in pharmacies. In August 2017, Mayor Bill de Blasio signed a package of bills into law to reduce tobacco use, which also included raising the minimum prices for all tobacco products; capping the number of tobacco retailers citywide; creating a retail license for e-cigarettes that was not open to pharmacies, effectively banning e-cigarettes from pharmacies; capping the number of e-cigarette retailers; and promoting smoke-free spaces in residential settings.

“New York City celebrates a victory for public health and shows the way for other cities with the signing of this legislation to ban flavored e-cigarettes,” said Deputy Mayor for Health and Human Services Dr. Raul Perea-Henze. “This historic step helps to protect young New Yorkers, who are most vulnerable to the threat of nicotine addiction, and builds on the innovative work of our Department of Health and Mental Hygiene to make all our communities aware of the ongoing dangers of tobacco and e-cigarette use.” 

“Big Tobacco built a deadly industry off of the health of teens—getting them hooked young and keeping them addicted to e-cigarettes with flavors like bubble gum,” said Health Commissioner Dr. Oxiris Barbot. “E-cigarette executives are using the same playbook they used with menthol but we will not let history repeat itself. By stopping the e-cigarette industry from peddling flavors attractive to kids we are protecting a new generation from nicotine addiction.”