Join Bronx Borough President Ruben Diaz Jr. Sunday, August 1, 2021 for the Summer Concert Series at Orchard Beach!
Friday, July 30, 2021
DEPARTMENT OF CONSUMER AND WORKER PROTECTION SETTLES FAIR WORKWEEK CASES WITH FAST FOOD FRANCHISEES
A Pizza Hut in the Bronx and a McDonald’s in Brooklyn must pay a total $221,356 in restitution to 135 workers for violating the Fair Workweek Law
Mayor Bill de Blasio and NYC Department of Consumer and Worker Protection (DCWP) Acting Commissioner Sandra Abeles today announced settlement agreements with two fast food franchisees, a Pizza Hut in the Bronx and a McDonald’s in Brooklyn, to resolve violations of the NYC Fair Workweek Law on behalf of their workers. The settlements require the companies to pay a total of $221,356 in restitution to 135 workers, $17,043 in civil penalties, and to comply with the Law going forward.
“Working people are the backbone of our city,” said Mayor Bill de Blasio. “Sick leave, predictable schedules and paychecks—these are rights, not privileges, for fast food workers. I applaud DCWP for getting New Yorkers the money they deserve.”
“Too often, fast food workers’ lives are disrupted by last minute changes to their schedules and pay, making it difficult to live a decent, stable living,” said DCWP Acting Commissioner Sandra Abeles. “I want to remind all fast food workers that unpredictable schedules is illegal under the Fair Workweek Law and any employer that retaliates against its employees for exercising their rights will not be tolerated. We thank the workers for bravely coming forward to report these violations.”
“When I complained to my job about my workplace rights being violated, I was fired and eventually became homeless because I was suddenly left with no income,” said Tanairi Reyes, former Pizza Hut worker. “No one should have to risk losing their job in order to have a predictable schedule and paycheck. I’m very happy about the settlement and it is nice to know that the City has our backs.”
DCWP’s investigations revealed that that these fast food franchisees violated the law by failing to provide schedules to employees two weeks in advance, failing to get written consent from employees when adding time to their schedules or when requiring them to work two shifts over two days when there are less than 11 hours between shifts (a “clopening”), failing to pay employees the required premiums for clopening shifts or when schedules were changed, failing to offer available shifts to current employees before hiring new employees, and failing to provide updated written good faith estimates. The investigation also uncovered that Pizza Hut retaliated against an employee who exercised her rights by reducing her hours and then terminating her. In addition to Fair Workweek violations, DCWP found Paid Safe and Sick leave violations at Pizza Hut, including failure to allow use of sick leave and non-compliant safe and sick leave policies.
The settlements require the franchisees to pay:
· Pizza Hut—which is now under new management (765 East Gun Hill Road, Bronx)
o Pay $90,371 in restitution to 64 workers and $8,028 in civil penalties. One worker who was retaliated against for exercising her rights will receive $27,471 of that restitution.
· McDonald’s (180 Parkside Avenue, Brooklyn)
o $130,985 in restitution to 71 workers and $9,015 in civil penalties.
In addition to restitution and fines, the settlements require the franchisees to comply with the Fair Workweek and Paid Safe and Sick Leave laws going forward, including adopting internal compliance policies and procedures, training managers and supervisors, displaying educational posters about the Law, conducting regular self-audits, and appointing internal compliance officers who monitor and report on compliance.
Under the Fair Workweek Law, which went into effect in November 2017, fast food employers in New York City must also give workers regular, predictable general schedules, two weeks’ advance notice of their work schedules covering specific dates, premium pay of between $10-$75 for schedule changes, and the opportunity to work newly available shifts before hiring new workers. Fast food employers also cannot schedule workers for a morning shift the day after a night shift unless workers consent in writing and are paid a $100 premium to work the shift. Similarly, fast food employers must obtain workers’ written consent before adding any time to their work schedules with less than two weeks’ notice and may not penalize them for declining to work.
The Fair Workweek Law was also recently expanded to include “just cause”, or wrongful discharge, protections. Under the amendments, which go into effect in phases, fast food employers cannot fire or lay off workers or reduce their hours by more than 15 percent without just cause or a legitimate economic reason.
Fast food employers must post the new NYC Fast Food Workers’ Rights Notice in English and any language that is the primary language of at least five percent of the workers if available on the DCWP website. Employers and employees can visit nyc.gov/workers or call 311 (212-NEW-YORK outside NYC) for the new Notice, which is available in 16 languages, as well as an overview of the law, information about the required progressive discipline policy, templates, and FAQs about the law. DCWP has started conducting a series of educational walks and roundtables to educate workers and employers about the new protections.
Since the law went into effect in 2017, DCWP has received more than 375 complaints about Fair Workweek, closed 182 investigations, and obtained resolutions requiring more than $2,457,342 in combined fines and restitution for 3,789 workers.
Under the NYC Paid Safe and Sick Leave Law, employers with five or more employees and employers of domestic workers who work more than 80 hours per calendar year in New York City must provide paid safe and sick leave to employees. Employers with fewer than five employees must provide unpaid safe and sick leave and employers with 100 or more employees must provide up to 56 hours of paid leave. Safe and sick leave is accrued at a rate of one hour of leave for every 30 hours worked, up to 40 hours per calendar year, and begins on the employee’s first day of employment. For employers who do not front-load safe and sick leave on the first day of a new calendar year, employees must be able to carry over up to 40 hours of unused safe and sick leave from one calendar year to the new calendar year. For more information about the Law, including the new Notice of Employee Rights in multiple languages, visit nyc.gov/workers.
Governor Cuomo Announces Statewide Effort to Prevent Speeding
Speed Awareness Week to Run July 31 to August 8
Speed Related Fatal Crashes Increase 36 Percent in 2020
Governor Andrew M. Cuomo today announced that New York State Police and local law enforcement will be increasing patrols to target speeding from July 31 to August 8. According to preliminary data from the Institute for Traffic Safety Management and Research at the University at Albany's Rockefeller College, unsafe speed was a contributing factor in 314 fatal crashes in 2020, compared to 230 fatal crashes in 2019 - a 36 percent increase. The 314 fatal crashes last year resulted in 365 deaths including drivers, bicyclists, and pedestrians.
"Our message is simple: slow down and drive responsibly," Governor Cuomo said. "Too often, speeding leads to avoidable and deadly consequences, and it won't be tolerated. Trying to get to your destination quicker is not worth putting yourself, your passengers, and all those sharing the road in danger."
This high-visibility enforcement campaign is supported by the Governor's Traffic Safety Committee, or GTSC, to stop speeding and prevent avoidable crashes caused by unsafe speed. During last year's Speed Awareness Week, law enforcement throughout the state issued 21,428 tickets for speeding and 30,273 tickets for other vehicle and traffic law violations, such as impaired and distracted driving.
Throughout the enforcement campaign, a "No Excuses" public service announcement will be airing on broadcast and cable networks statewide, highlighting the penalty for speeding. Additionally, the State Department of Transportation will have Variable Message Signs alerting motorists to the dangers of speeding.
Data shows fatal crashes in New York caused by unsafe speed increase during the summer months with the highest totals in June through October. According to the National Highway Traffic Safety Administration, speed was a contributing factor in 26 percent of all traffic fatalities nationally in 2019. Additionally, NHTSA says speeding causes:
- Greater potential for loss of vehicle control
- Reduced effectiveness of occupant protection equipment
- Increased stopping distance after the driver perceives a danger
- Increased degree of crash severity leading to more severe injuries
- Increased fuel consumption/cost
Department of Motor Vehicles Commissioner and Chair of the Governor's Traffic Safety Committee Mark J.F. Schroeder said, "Speeding is an all-too-common practice on our roads, and what drivers often forget is how dangerous it is and how much it puts everyone at risk. Shaving a few minutes off your commute or your trip is not worth a lifetime of guilt and regret from a speeding-related tragedy. By reminding motorists of the risks and the consequences that come with speeding, we hope drivers will think twice before stepping on the gas."
New York State Police Superintendent Kevin P. Bruen said, "Studies have shown - speeding kills. During this campaign, and year-round, we will work to reduce this kind of dangerous driving. We want drivers to slow down, put the electronic devices away and pay attention out on our roads. Attentive, responsible, defensive driving is the key to avoiding crashes and keeping our roads and highways safe for all that travel them."
About GTSC
Combined with education and enforcement campaigns, GTSC coordinates various traffic safety activities throughout the year, and supports ongoing initiatives to improve pedestrian, motorcycle and bicycle safety. The GTSC also sponsors critical training for law enforcement, provides resources for teen drivers and their parents, and promotes seatbelt use statewide. For more information about traffic safety in New York State, please visit the GTSC website at https://trafficsafety.ny.gov/.
Manhattan U.S. Attorney Announces Extradition Of Two Pakistani Nationals For Attempted Heroin Importation
Maulabaksh Gorgeech and Niamatullah Gorgeech Are Charged with Attempting to Send
Audrey Strauss, the United States Attorney for the Southern District of New York, and Anne Milgram, Administrator of the U.S. Drug Enforcement Administration (“DEA”), announced today the extradition of Maulabaksh Gorgeech and Niamatullah Gorgeech for attempting to import heroin into the United States. The defendants, both citizens of Pakistan, were taken into custody by Thai authorities in Bangkok, Thailand, on April 11, 2021, and extradited to the United States today from Thailand. They will be presented before United States Magistrate Judge Sarah Netburn later today.
U.S. Attorney Audrey Strauss said: “As alleged, Maulabaksh Gorgeech and Niamatullah Gorgeech trafficked in wholesale importation of heroin to the United States. Thanks to the DEA’s global reach and the assistance of law enforcement authorities in Thailand, the defendants are in U.S. custody and facing serious federal charges.”
DEA Administrator Anne Milgram said: “At a time when the United States is facing an opioid overdose epidemic of unprecedented proportions, it is critical that DEA stop the flow of heroin into the country before it makes its way to our communities. Directly because of DEA’s efforts, Maulabaksh Gorgeech and Niamatullah Gorgeech are now on American soil, facing significant criminal charges for their alleged crimes.”
According to the allegations contained in the Complaints charging the defendants,[1] which were unsealed today in Manhattan federal court:
Beginning in late 2019, MAULABAKSH GORGEECH and NIAMATULLAH GORGEECH, Asia-based drug traffickers, began communicating and meeting with individuals whom they believed were heroin traffickers interested in purchasing multi-kilogram quantities of heroin for importation into the United States. Those individuals were, in fact, confidential sources working at the DEA’s direction, and an undercover DEA agent posing as a New York-based heroin distributor. In March 2019, NIAMATULLAH GORGEECH caused a sample of approximately seven kilograms of heroin to be delivered in Afghanistan, with the understanding that those drugs would be transported to and sold in the United States. In July 2019, MAULABAKSH GORGEECH offered to provide as many as 100 kilograms of heroin for importation to the United States. In September 2019, MAULABAKSH GORGEECH caused another sample of approximately seven kilograms of heroin to be delivered in Afghanistan, for importation and sale in the United States. Following these sample shipments, MAULABAKSH GORGEECH and NIAMATULLAH GORGEECH planned to supply larger quantities of heroin for importation to and distribution within the United States.
MAULABAKSH GORGEECH, 43, and NIAMATULLAH GORGEECH, 37, each a citizen of Pakistan, are charged with one count of attempting to import heroin into the United States, and MAULABAKSH GORGEECH is also charged with a second count of conspiracy to import heroin into the United States. Each count carries a maximum sentence of life in prison and a mandatory minimum sentence of 10 years in prison. The statutory minimum and maximum sentences are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendants will be determined by a judge.
Ms. Strauss praised the outstanding investigative efforts of the DEA’s Special Operations Division Bilateral Investigations Unit, and the OCDETF New York Strike Force; the DEA’s Bangkok, Islamabad, Kabul, and Bucharest Country Offices, and Guam Resident Office; the United States Central Command; U.S. Embassy in Bangkok’s Consul General’s Office and Diplomatic Security Service; the Royal Thai Government’s Office of the Attorney General - International Affairs Department, Royal Thai Police Narcotics Suppression Bureau - Sensitive Investigative Unit, and Ministry of Foreign Affairs; and the Australian Criminal Intelligence Commission. Ms. Strauss also thanked the U.S. Department of Justice’s Office of International Affairs for its ongoing assistance.
This prosecution is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF funds investigations that identify, disrupt, and dismantle the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.
The charges contained in the Complaints are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
[1] As the introductory phrase signifies, the entirety of the text of the Complaints and the description of the Complaints set forth below constitute only allegations and every fact described should be treated as an allegation.
158 Days and Counting
If you thought I was good playing basketball Wednesday, just come to Orchard Beach today at 1 PM as I wrap up my City Hall in the Bronx Week.
My little friend here Councilman Oswald Feliz who was horrible at basketball Wednesday when I visited Belmont Playground in his district to show him up at the game, can join me at Orchard Beach to embarrass himself again by trying to play volleyball with me. Then again Oswald you just got into office, and have to learn what to do, and what not to do, plus Orchard Beach is not in your district.
Goodbye Bronx, I have 158 days left in office, let's see if I don't have to come back anymore, but I have to admit this week was fun, and there is a lot to do and see in the Bronx including some great food. Happy Birthday Anthony Rivieccio.
Thursday, July 29, 2021
Former New York City Council Member Sentenced To Prison For Tax Fraud
Audrey Strauss, United States Attorney for the Southern District of New York, announced that CHAIM DEUTSCH, a former New York City Council Member, was sentenced today in Manhattan federal court to three months in prison for filing a false tax return in connection with outside income he received from his real estate management corporation. DEUTSCH previously pled guilty before United States Magistrate Judge James L. Cott, who imposed today’s sentence.
U.S. Attorney Audrey Strauss said: “Chaim Deutsch, a former New York City Council Member, violated his oath of office and the law when he defrauded the IRS in connection with income from his real estate business. At the same time he was serving as an elected official and community leader, Deutsch concealed his true business income to avoid paying his fair share of taxes. Appropriately, Deutsch has been sentenced to prison for his criminal conduct.”
According to the allegations contained in the Information to which DEUTSCH pled guilty, other court filings, statements made during public court proceedings, and publicly available information:
From in or about January 2014 through April 2021, DEUTSCH served as the New York City Council Member for the 48th District, which includes portions of Brooklyn. DEUTSCH was also the sole owner of Chasa Management, Inc., a real estate management business, and he received more than $120,000 annually in outside income from that business, until the end of 2017 when a change in the law prohibited council members from maintaining outside employment. On or about April 27, 2021, subsequent to his plea in the instant case, DEUTSCH was determined to have vacated his elected office as a result of violating his oath of office by defrauding the federal government in connection with the instant tax offense.
During the tax years 2013 through 2015, DEUTSCH filed false individual and corporate tax returns that decreased his tax liability by claiming false and fictitious business deductions. In particular, DEUTSCH falsely deducted personal expenses as business expenses, including rental payments for an apartment that he maintained in the 48th District in order to obtain residency for his council position; utility, water, repair, maintenance, automobile, and phone expenses; as well as routine living expenses such as groceries and clothing. In addition, DEUTSCH further decreased his tax liability by filing fraudulent schedules to his personal income tax forms that declared fictitious business expenses, including for additional purported rent, vehicles, phones, and utility expenses.
As a result of the false deduction schemes, DEUTSCH received federal tax refunds in each of the relevant tax years. Specifically, in tax year 2013, DEUTSCH’s false filings generated a federal tax refund of $1,937; in tax year 2014, DEUTSCH’s false filings generated a federal tax refund of $262; and in tax year 2015, DEUTSCH’s false filings generated a federal tax refund of $7,511.
In preparing his personal tax returns and the books and tax returns of Chasa Management, DEUTSCH employed a tax preparer and accounting firm based in Brooklyn, and DEUTSCH would direct the firm to classify or reclassify expenses as business-related to decrease his tax liability. Only after DEUTSCH was satisfied that the purported business expenses had sufficiently decreased his tax liability were the tax returns finalized and filed. After DEUTSCH learned of the investigation, he used a different tax preparer to assist in the preparation of his subsequent years’ tax returns.
In total, for tax years 2013 through 2015, DEUTSCH claimed approximately $157,000 in false business expenses on Chasa Management’s returns and an additional approximately $111,000 in false business expenses on his individual income tax returns. DEUTSCH’s failure to properly pay taxes on his business income evaded approximately $82,076 in taxes due to the Internal Revenue Service (“IRS”), not including interest and penalties.
In addition to the prison term, Judge Cott ordered DEUTSCH, 52, of Brooklyn, New York, to serve one year of supervised release, to pay a fine in the amount of $5,500, and to pay restitution to the IRS in the amount of $107,007.05.
Ms. Strauss praised the outstanding work of IRS Criminal Investigation and the Special Agents of the U.S. Attorney’s Office. Ms. Strauss also thanked the New York City Department of Investigation for its assistance in the investigation.
MAYOR DE BLASIO, ELECTED OFFICIALS AND NYC SCHOOL CONSTRUCTION AUTHORITY BREAK GROUND ON NEW SCHOOL BUILDING IN THE BRONX
Opening in September 2024, the new school will add 572 seats in District 7
Mayor Bill De Blasio was today joined by New York City School Construction Authority (SCA) President and CEO Nina Kubota, NYC Schools Chancellor Meisha Porter, Department of Education officials, elected officials, and community members to mark the start of construction of a state-of-the-art, 572-seat school building in the Melrose section of the Bronx.
The school will be built adjacent to the South Bronx Educational Complex at 639 St. Ann’s Avenue and will address new seat demand in District 7 as a result of various redevelopment projects in the area.
The new, 4-story school building will be a fully air-conditioned, accessible facility for pre-k through grade 5 students and will contain four pre-kindergarten classrooms, three kindergarten classrooms, fifteen standard classrooms, two district special education classrooms, and reading and speech resource rooms. The building will also house a District 75 special education component consisting of eight classrooms, two speech rooms, occupational and physical therapy rooms, and other support space.
“A Recovery for all of Us must be focused on building a better future for our kids,” said Mayor Bill de Blasio. “This new state-of-the-art school will provide the children of District 7 in the Bronx and District 75 the space to grow and the tools to succeed.”
“This new school building will be a vital part of a concerted effort to completely revitalize this Bronx community with a world class educational facility,” said Nina Kubota, President and Chief Executive Officer of the New York City School Construction Authority. “Today, we see another example of how government agencies, community leaders, and elected officials can get together to provide our students with the technology, facilities and resources they need to succeed.”
“Every student deserves a strong academic foundation and opportunities to chase their dreams – and projects like this help foster that mission by providing state-of-the-art learning facilities for our young people,” said Schools Chancellor Meisha Porter. “This investment will open doors for generations of students to come in the South Bronx, and I’m grateful for the collaborative partnership of everyone involved.”
Other amenities at the school will include:
· Art Room
· Music Room with instrument storage
· Science Resource Room
· Gymatorium
· Bicycle Storage
· Exercise Room
· Library
· Full Kitchen Complex
· Students’ Dining Area
· Guidance Suite
· Medical Suite
· Administration Suite
· Teachers’ and Aides Workroom
· Staff Lunch / Conference Room
· Parents/Community Room
· Playground
Construction will begin next week after a $66.79 million contract was awarded to Forte Construction Corp. It is expected to be completed for the start of the 2024-2025 school year. The SCA’s 2020-2024 Capital Program includes nearly $1.6 billion in funding for 21 buildings adding 11,983 seats in the Bronx.
State Senator Luis R. Sepulveda said, “It's important that we invest in our students and their education—and that starts with creating a space that will encourage active learning. This new school building will give students access to the arts and music; while also giving teachers and faculty an administration suite and workroom, among other amenities that the entire school will enjoy. This school was designed with both students and teachers in mind to maximize learning, support, and educational success.”
District 7 Superintendent Rafael Alvarez said, “It is with great pride and pleasure that we get to open a new elementary school in District 7 that will reimagine education as we innovate through engagement, elevation and empowerment.”
District 75 Deputy Superintendent Dr. Adam Breier said, “Our D75 students with diverse needs and abilities will benefit from opportunities to socialize with peers in this co-located school building and to attend a school that serves their needs close to home. This state-of-the-art facility will help ensure that our students are prepared for the 21st century in a space designed to support accessible, innovative learning. We certainly look forward to bringing our resources, experience, and flexibility to the table to collaborate with this community.”
In addition, as part of the SCA’s Public Art for Public Schools program, there will be an artist commissioned to create site-specific artwork for the lobby of the school. For additional information on the New York City School Authority, please visit www.nycsca.org