Tuesday, November 16, 2021

Attorney General James Announces Conviction of Brooklyn Man Charged with Stealing Thousands Through Identity Theft Scheme

 

Otis Barnes Convicted of Using the Stolen Identity of a 90-Year Old Staten Island Resident to Cash Forged U.S. Postal Money Orders Barnes to Be Sentenced to 1 1/2 to 3 Years in Prison  

 New York Attorney General Letitia James today announced the conviction of Otis Barnes, 29, of Brooklyn, after he used the personal identifying information of a 90-year old Staten Island resident to cash forged money orders at United States Postal Service (USPS) offices throughout New York and New Jersey and defrauding a local bank to steal thousands of dollars. Barnes pleaded guilty to Grand Larceny in the Fourth Degree, a class “E” felony, with a promised sentence of 1 1/2 to 3 years in prison.  

“Fraud is never acceptable, but it is all the more heinous for an individual to steal the identity of an elderly man to line his own pocket,” said Attorney General James. “Today’s conviction should serve as a message to all that we will not allow illegal schemes like this to go unchecked, and that we will hold those accountable to the fullest extent of the law. My office is committed to protecting consumers, which is why we will continue to vigorously stamp out fraud and deliver justice to New Yorkers.”

“Mr. Barnes thought his low-tech money order scam would let him fly below the radar and avoid attention and detection of his crimes,” said USPS Inspector in Charge Philip R. Bartlett. “He was wrong; and today’s plea is recognition by Mr. Barnes that Postal Inspectors and their law enforcement partners have no tolerance for this behavior and will aggressively investigate crime regardless of its scope or complexity.” 

A joint investigation by the Office of the Attorney General (OAG) and the USPS Inspection Service revealed that, between March 2018 and July 2018, Barnes assumed the elderly victim’s identity on several occasions by presenting himself as the victim at several USPS offices and at a check cashing establishment. As proof of his stolen identity, Barnes used a forged New York State Driver’s License that listed the elderly victim’s name, home address, and date of birth, but that contained Barnes’ photograph in order to cash several forged USPS money orders in the victim’s name. Prior to cashing the forged money orders, Barnes used a mobile depositing app to deposit the same money orders — under his own name — into a bank account he controlled. Barnes then withdrew the money out of the account before the bank became aware of the fraud. Because mobile deposit enables a customer to take a picture of a check or money order while maintaining possession of the check or money order itself, Barnes was able to then alter the money orders to substitute the name on the order and cash them a second time at local post offices. 

The OAG’s indictment charged Barnes with the crimes of Identity Theft in the First Degree, Criminal Possession of a Forged Instrument in the First and Second Degrees, and Grand Larceny in the Fourth Degree.

Today, before the Honorable Alexander Jeong, Barnes pleaded guilty to Grand Larceny in the Fourth Degree, a class “E” felony. On January 20, 2022, Barnes is scheduled to be sentenced to 1 1/2 to 3 years in state prison.  

Tips for Consumers

The OAG recommends the following tips to New Yorkers to safeguard their personal information and prevent most forms of identity theft:

Secure Personal Information:

  • While it's generally safe to share one’s name or phone number, sharing a date of birth, Social Security number, or any account numbers can expose individuals to identity theft. New Yorkers should also avoid disclosing any information used as a “backup” answer for websites when they've forgotten a password.
  • Consumers should never provide personal information to someone who contacts them out of the blue, even if they claim to be from a trusted institution, as that is a common practice for those employing “phishing” scams. A phishing scam is an attempt to get an individual to provide personal information, such as a username, password, or credit card number. Scammers typically contact consumers by text, phone, or email, and often pose as a government agency, bank, or well-known company. They typically demand personal information to resolve some problem or emergency, or say they just need to “confirm some information” before they can offer any information in return. None of these organizations actually contact consumers this way for important information. If a consumer is unsure about outreach, they should contact the company themselves — using a published number or email address — to verify it's actually them.
  • Some phishing attempts also direct consumers to visit a website or download an attachment. Consumers should NOT download attachments or click on links from untrusted sources. These links or attachments may contain viruses that will infect a computer or steal personal information.

Delete Unneeded Data:

  • Destroy any records of personal information once no longer needed. Shred physical documents like tax returns, and financial or medical records.
  • Delete or deactivate digital accounts and delete digital files. Remember that even deleted files can still be stored on a hard drive, so consumers will need special security software to erase all the personal data if getting rid of an old computer.

Monitor Credit Reports:

  • All consumers are entitled to one free copy of their credit report each year from each of the major credit reporting agencies. If consumers see accounts or inquiries they didn't initiate or don’t recognize, it may indicate that someone else is using their identity.
  • Consumers can schedule reports from different agencies at different times of the year. Consumers can obtain this regular coverage online or by calling 877-322-8228.

The OAG wishes to thank the USPS Inspection Service for their valuable assistance in this matter and the New York State Police for their arrest of Barnes.

Former Employees At State Administrator Of Medicaid Transportation And Business Owner Charged With Submitting Fraudulent Claims

 

 Damian Williams, United States Attorney for the Southern District of New York, Scott J. Lampert, Special Agent in Charge of the New York Regional Office of the U.S. Department of Health and Human Services, Office of the Inspector General (“HHS-OIG”), and Ricky J. Patel, Acting Special Agent in Charge of the New York Field Office of the Homeland Security Investigations (“HSI”), announced the unsealing of an Indictment charging PATRICK NDUKWE, DAVID TRAVERS, and MICHELLE MARTIN with participating in a fraudulent scheme in which TRAVERS and MARTIN improperly routed trips for Medicaid-funded transportation to NDUKWE’s company, Quality Service Medical Transportation (“Quality”) and facilitated fraudulent Medicaid claims by Quality.  The case is assigned to U.S. District Judge Denise L. Cote.

U.S. Attorney Damian Williams said: “Every day, thousands of government employees and private contractors around New York are entrusted with handling, disbursing, and guarding public funds.  As alleged, David Travers and Michelle Martin, who were employees at the state manager for Medicaid-funded transportation, abused their roles and the public’s trust when they took payments to steer business to a private company and helped that company submit fraudulent Medicaid claims.  This Office and our law enforcement partners will always investigate and prosecute the illegal abuse of public programs for unjust enrichment.”

HHS-OIG Special Agent in Charge Scott J. Lampert said: “The defendants in this case allegedly engaged in a greed-fueled fraud scheme that undermined the Medicaid program and diverted taxpayer funds from their intended purpose of providing health care benefits to low-income individuals and families.  Together with our law enforcement partners, HHS-OIG will continue to vigorously pursue those who steal from government health programs for personal gain.”

HSI Acting Special Agent in Charge Ricky J. Patel said: “As alleged, these defendants lined their pockets by abusing a program created to provide assistance to the sick and injured in our communities.  Working with our partners, HSI will seek out and bring to justice those that attempt to undermine any federal or state program, explicitly those designed to help millions of our most vulnerable in New York.”

As alleged in the Indictment, which was unsealed today, public filings, and statements in court:[1] 

In New York, individuals who are enrolled in the state’s Medicaid program are eligible to have Medicaid pay for their transportation to and from medical appointments if they are not able to safely take public transportation.  To obtain Medicaid-funded transportation, the enrollee or their health care professional must schedule transportation by contacting the private company that is contracted to manage Medicaid-funded transportation in the New York City area (the “Transportation Manager”).

NDUKWE, 56, was the owner and operator of Quality.  From in or about May 2017 to March 2020, Quality was paid more than $7.3 million for more than 120,000 trips the company purportedly provided for Medicaid-enrolled customers in the New York City area.  However, many of these trip claims were fraudulent and never actually performed.  In some instances, the Medicaid-enrollee who purportedly used Quality to travel to a medical appointment had, in fact, never heard of or used the company for any transportation services.  In other instances, the driver who Quality said performed the trip had never actually worked for the company.  In yet other instances, Quality paid a periodic “kickback” to a Medicaid enrollee to use that enrollee’s personal identifying information to submit a trip claim.

TRAVERS and MARTIN were customer service representatives at the Transportation Manager.  Both were responsible for, among other things, receiving calls from Medicaid enrollees who needed transportation and then randomly assigning those trips among the dozens of eligible transportation companies in the New York City area.  However, both TRAVERS and MARTIN steered a disproportionately high volume of their trips to Quality.  In addition, when certain enrollees requested to be moved from Quality to another transportation company, TRAVERS and MARTIN ensured that the customers were eventually reassigned back to Quality.  TRAVERS and MARTIN also scheduled trips for Quality that they knew would not be performed and would allow Quality to submit fraudulent claims for payment.  For their fraud, both TRAVERS and MARTIN received payments from NDUKWE.

NDUKWE was arrested this morning in the Bronx and will be presented later today before U.S. Magistrate Judge Ona T. Wang in Manhattan federal court.  TRAVERS was arrested this morning in Syracuse, New York, and Martin was arrested this morning in East Syracuse, New York.  Both TRAVERS and MARTIN will be presented later today before U.S. Magistrate Judge Therese Wiley Dancks.

NDUKWE, TRAVERS, and MARTIN are each charged with one count of theft of government funds, in violation of 18 U.S.C. § 641; one count of health care fraud, in violation of 18 U.S.C. § 1347; one count of conspiracy to commit health care fraud, in violation of 18 U.S.C. § 1349; and one count of violating the Anti-Kickback statute, in violation of 42 U.S.C. § 1320a-7b. In addition, NDUKWE is charged with one count of aggravated identity theft, in violation 18 U.S.C. § 1028A. In February 2020, as part of the same investigation, the Government charged 13 defendants involved in a different transportation company.

The crimes of theft of government funds, health care fraud, conspiracy to commit health care fraud, and violating the Anti-Kickback Statute each carry a maximum sentence of 10 years in prison.  The crime of aggravated identity theft carries a mandatory two years in prison.  The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencings of the defendants will be determined by a judge.

Mr. Williams praised the outstanding work of DHHS-OIG and HSI.  He also thanked the Office of the New York State Medicaid Inspector General, New York Attorney General’s Medicaid Fraud Control Unit, United States Customs and Border Protection, the Syracuse Police Department, the Onondaga County Sheriff’s Office, the Internal Revenue Service, the New York City Police Department, and the U.S. Probation Office for the Northern District of New York for their assistance in the case.

[1] As the introductory phrase signifies, the entirety of the text of the Indictment are herein are only allegations, and every fact described herein should be treated as an allegation.

In Honor of Transgender Awareness Week; Governor Hochul Signs LGBTQ+ Protection Bills

 

S.674/A.459 Relates to Vacating Convictions for Offenses Committed Due to Being a Victim of Sex Trafficking, Labor Trafficking and Compelling Prostitution

S.5325/A.6193 Requires Utility Companies to Allow Customers to Use Their Preferred Name and Pronouns


 Governor Kathy Hochul today signed legislation at the LGBT Community Center aimed at expanding protections for the LGBTQ+ community and those who have been victims of sex trafficking. The START Act relates to vacating convictions for offenses committed due to being a victim of sex trafficking, labor trafficking, and compelling prostitution. Bill S.5325/A.6193 requires utility companies to allow customers to use their preferred name and pronouns.

"As we witness attacks on LGBTQ+ rights and protections around the country, New York is once again declaring that we are a state for all - one where we don't needlessly criminalize victims and where our trans, gender non-binary, and gender non-conforming communities are affirmed," Governor Hochul said. "My administration is committed to equality and safety for everyone and New York is able to lead the way because of the work of our tireless advocates and our partners in the legislature. Together we will continue to build a state that is welcoming to all." 

Legislation S.674/A.459, the START Act, strengthens protections for victims of sex trafficking, labor trafficking, compelling prostitution, and trafficking in persons, who are convicted of a range of offenses as a result of that trafficking or compelling. This legislation builds on a law passed in 2010 in New York allowing victims of human trafficking to vacate prostitution-related criminal convictions that were directly tied to their victimization.

Join Senator Biaggi For A Food And Health Empowerment Fair on 11/20/21

 

Senator Alessandra Biaggi

Dear Community, 

Hope you are all doing well and staying safe. I am thrilled to invite you to a Food and Health Empowerment Fair this Saturday hosted by myself and Councilmember-Elect Marjorie Velázquez. The event will take place Saturday, November 20th from 12-5 PM at the Huntington Free Library located at 9 Westchester Square, Bronx, NY 10461.

The Fair will feature a panel discussion of elected officials and community leaders to discuss government and community-based solutions to combat food insecurity in the Bronx, followed by a food justice resource fair and turkey and produce distribution. We hope to bring the community together as we approach the holiday season, host an educational conversation regarding the issue of food insecurity, promote local food resources, and provide turkeys and grocery items to meet the needs during the November holiday season.

Click here to RSVP and reserve a turkey! 

Masks are required for the entirety of the event and will also be provided. If you have any questions please feel free to contact me and my team at biaggi@nysenate.gov or by calling our office at 718-822-2049.

I look forward to seeing everyone there!

With Gratitude, 

State Senator Alessandra Biaggi

NYS Office of the Comptroller - DiNapoli: Woman Arrested for Stealing Deceased Sister's Pension Checks

 

Pocketed Nearly $8,000 in Stolen Pension Payments


 State Comptroller Thomas P. DiNapoli and Brooklyn District Attorney Eric Gonzalez today announced the arrest of Latrenda Dixon for the alleged theft of her deceased sister’s retirement checks.

Dixon, 52, of the Bronx is charged with illegally cashing 20 checks in Brooklyn for nearly $8,000 issued by the New York State and Local Retirement System to her deceased sister, Linda Dixon. She cashed the checks using her sister’s state employee ID at a check cashing location.

“Ms. Dixon attempted to scam the pension system by allegedly pretending to be her deceased sister,” DiNapoli said. “My thanks to District Attorney Gonzalez for his continued partnership in safeguarding the New York State and Local Retirement System.”

“Stealing from the state pension system is not a victimless crime; law abiding taxpayers end up paying the price,” said Brooklyn District Attorney Gonzalez. “I would like to thank State Comptroller DiNapoli for all of the work his agency did to bring this defendant to justice. We will now seek to hold her accountable for her alleged actions.”

Dixon was charged with grand larceny in the third and fourth degree; scheme to defraud in the first and second degree; identity theft in the first and second degree; 20 counts of criminal possession of a forged instrument in the first degree; 20 counts of criminal possession of a forged instrument in the second degree, and criminal possession of stolen property in the third and fourth degree.

She was arraigned in Kings County court and released without bail on her own recognizance. Dixon is due back in court Nov. 30, 2021.

This case was investigated by the Office of the State Comptroller’s Division of Investigations in partnership with the Brooklyn District Attorney’s Office.

MAYOR DE BLASIO, ATTORNEY GENERAL JAMES AND DEPARTMENT OF CONSUMER AND WORKER PROTECTION ANNOUNCE $18.8 MILLION SETTLEMENT OF WORKPLACE VIOLATIONS WITH HOME HEALTH CARE COMPANIES

 

Settlement secures millions in restitution for 12,000 home health aides to resolve violations of the NYC Paid Safe and Sick Leave and Wage and Hour Laws

 Mayor Bill de BlasioNew York State Attorney General Letitia James and Department of Consumer and Worker Protection Commissioner Peter A. Hatch today reached settlement agreements to resolve their joint investigation into workplace violations by Intergen Health, LLC and Amazing Home Care Services, LLC. Amazing and Intergen—which are under common ownership, share employees, and serve primarily Medicaid patients—are together one of the largest home care agencies in New York State. The settlements resolve violations of the NYC Paid Safe and Sick Leave Law and wage and hour requirements under New York Labor Laws and require the home health agencies to pay up to $18.8 million in restitution and adopt extensive compliance measures.

The joint investigation found that the home care agencies violated the Citys Paid Safe and Sick Leave Law in multiple ways, including failing to pay employees when they used leave, disciplining and/or firing employees who used unscheduled leave, requiring employees to submit documentation justifying the use of leave even if the leave was for less than three days, and failing to provide a written safe and sick leave policy. The investigation also found that the agencies violated the New York Labor Law by refusing to pay the overtime premium when workers worked more than 40 hours in a week, miscalculating overtime rates, refusing to pay workers for time spent traveling between patient homes, among other violations. 

“In New York City, we fight to protect all workers—including those who work in people’s homes,” said Mayor Bill de Blasio. “Home health care workers care for our families and not only deserve Paid Safe and Sick Leave—it’s their right. To any company in New York City that thinks they can get away with withholding workers’ rights and violating our laws: we will hold you accountable.”

Home health aides provide vital support to our vulnerable loved ones,” said DCWP Commissioner Peter A. HatchSadly these invaluable workers often face exploitative working conditions that violate important labor protections. We are committed to ensuring home health aides are treated fairly and will hold accountable any home care agency that denies workers their rights or punishes them for exercising their rights. We urge any worker who believes they have been treated unjustly to contact us so we can help protect their rights. I want to thank Attorney General James and her Office for their partnership in this important investigation. 

“Home health aides are on the front lines serving the most vulnerable in our communities, yet these agencies denied them the most basic form of dignity and respect: fair pay for a hard day’s work,” said Attorney General James. “These hardworking New Yorkers not only deserve the pay that was unfairly denied to them, but also the assurance that this won’t happen again — and that’s exactly what this agreement will do. I will continue my commitment to protect working families and workers’ rights as well as their wallets. Let this be a warning to all employers: exploitative and illegal labor practices will not be tolerated in New York.”

Under the settlement, Intergen and Amazing must:

Pay up to $18,800,000 in restitution in two phases. In phase one, the agencies will pay $2,032,500 to compensate 6,500 employees impacted by the violations of the Paid Safe and Sick Leave Law and four employees who were illegally fired for using paid sick leave. The agencies will also pay $5,200,000 to compensate approximately 12,000 employees for violations of the New York Labor Law. In phase two, which is being resolved in coordination with a private lawsuit, there will be a maximum payout of approximately $11,540,000 to “live-in” workers; this amount is subject to court approval.

Implement new policies that are in compliance with the Paid Safe and Sick Leave Law and New York Labor Law and that correct the violations in the companies’ prior policies.

Stop requiring employees to submit documentation to justify their use of sick leave.

Train employees on updated policies.

Post and distribute the Notice of Employee Rights and obtain a written, dated acknowledgement of receipt from each employee.

Appoint a compliance officer to monitor and report on compliance with the laws.

Create a new employee manual with updated policies that must be submitted to the Attorney General and DCWP for approval and have it translated and distributed to all employees. 

This case, which is DCWPs largest Paid Safe and Sick Leave investigation to date, is part of the agencys major proactive enforcement initiative to examine the home health care industrys compliance with the NYC Paid Safe and Sick Leave Law, wage and hour requirements, and other workplace standards. DCWP referred this case to the New York State Attorney General’s Office for a joint investigation after identifying violations in connection with this initiative. As a result of this affirmative initiative, DCWP has now entered into settlement agreements with 34 agencies. These settlements require the agencies to pay a total of $2.54 million in restitution to more than 11,000 workers, pay $155,000 in civil penalties, and comply with the Law going forward. 

DCWPs case was handled by Supervising Investigator Juana Abreu, Paid Care Advocate Amalia Torrentes, Research Director Sam Krinsky, and Director of Investigations Elizabeth Wagoner of DCWPs Office of Labor Policy & Standards, which is led by Deputy Commissioner Benjamin Holt.

Employers and employees can visit nyc.gov/workers or call 311 (212-NEW-YORK outside NYC) for more information about the NYC Paid Safe and Sick Leave Law, including the required Notice of Employee of Rights in multiple languages, one-page overviews for employers and employees, and the complaint form. DCWP also created a multilingual publication that provides important health and safety information for domestic workers and their employers to help them stay safe during COVID-19—including recommended best practices to reduce and prepare for risk of transmission, paid safe and sick leave information, checklists for a healthy and safe workplace, and other City & State resources.

Partnerships for Parks - $425.5 Million for Local Parks, Grants, and More

 

Horseshoe Playground in the Bronx, one of 100 parks to be transformed over the next 10 years. Photo courtesy of NYC Parks.

NEW INVESTMENT IN THE COMMUNITY PARKS INITIATIVE


On October 26th, Mayor Bill de Blasio and NYC Parks Commissioner Gabrielle Fialkoff announced $425.5 million in new funding to transform 100 parks in high-needs areas through the expansion of the Community Parks Initiative (CPI). Launched in 2014, CPI strives to create a more equitable parks system by investing in smaller parks in neighborhoods with high poverty levels that haven't seen a significant investment in twenty years. 

Since CPI’s inception, Partnerships for Parks has  worked closely with NYC Parks to engage nearly 54,000 volunteers in over 2,000 stewardship projects in CPI areas. Over the next ten years, we will continue to engage New Yorkers in re-creating the 100 selected parks through community input sessions. At these open, public events, community members will meet with Parks designers to share their ideas for how their parks should be transformed.

The first 10 community parks to be rebuilt and revitalized are in neighborhoods that have been prioritized by the NYC Task Force for Racial Inclusion and Equity. In Manhattan, these parks are Anibal Aviles Playground, Detective Omar Edwards Park, and William McCray Playground; in Brooklyn, Jerome Playground and Marc and Jason’s Playground; In the Bronx, Chief Dennis L. Devlin Park, Pontiac Playground, and Horseshoe Playground; in Queens, Hoffman Park; and on Staten Island, Lt. Lia Playground.
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Bball Fitness - Denise All Stars plant daffodil bulbs at Wright Brother’s Playground in Manhattan on Fall IMP-act Day

FALL IMP-ACT DAY A GREAT SUCCESS


On October 16th, Fall IMP-act Day—our annual citywide park beautification day, more than 1,100 volunteers came out to participate in nearly 50 community-led projects in local green spaces across all five boroughs. Neighbors came together to plant just under 37,000 daffodil and crocus bulbs over the course of the weekend, honoring the lives lost to both the terrorist attacks of 9/11 and the COVID-19 pandemic.

New Yorkers also mulched dog runs, street trees, and garden spaces; cleaned up litter and natural debris; hosted activities for children; and more. Thank you to the community group leaders who hosted projects and to all the volunteers who came out. Get involved year-round at a park near you with It's My Park, our signature volunteer program.
VOLUNTEER
Art in the Park event at Kornegay Triangle in Brooklyn.

SPOTLIGHT ON: ART IN THE PARK


Community groups have been creatively using our Capacity Fund grants during the pandemic to host arts and fitness programming that bring life to local parks. With help from our Capacity Fund Grant program, community-based organization Art in the Park—whose mission is to expose underserved urban youth to all forms of art across all genres, with a focus on differently-abled children—hosted a family day at Alice Kornegay Triangle in Crown Heights, bringing out a multigenerational crowd for youth and adult yoga and arts activities. Our grant funded outreach and promotional materials, PPE, art supplies, the yoga instructor fee, yoga mats, and refreshments for the families who came out to enjoy the day.

Have a creative idea for your local park? Bring it to life with our Capacity Fund Grant! Our next deadline is in January, with info sessions beginning next month.
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Partnerships for Parks is a joint program of City Parks Foundation and NYC Parks that supports and champions a growing network of leaders caring and advocating for neighborhood parks and green spaces. We equip people and organizations with the skills and tools needed to transform these spaces into dynamic community assets.

Attorney General James and NYC Department of Consumer and Worker Protection Recover Up to $18.8 Million in Unpaid Wages for 12,000 Home Health Aides

 

AG’s Investigation Revealed Two Home Care Health Agencies Violated Workers’ Rights and Denied Fair Compensation

 New York Attorney General Letitia James, in partnership with the New York City Department of Consumer and Worker Protection (DCWP), today announced an agreement with two major home care health agencies to deliver up to $18.8 million in unpaid wages to approximately 12,000 workers who had been denied fair pay for years. The agreement is the result of a multipronged investigation conducted by Attorney General James and DCWP which found the companies — Intergen Health, LLC (Intergen) and Amazing Home Care Services (Amazing) — repeatedly violated New York Labor Laws and the New York City Paid Safe and Sick Leave Law by failing to pay their employees millions of dollars in wages and failing to provide workers with paid sick leave. The agreement, which is one of the largest of its kind in New York state, requires the companies to pay workers up to $18.8 million in two phases, implement new policies to prevent any future violations, and comply with oversight from the Office of the Attorney General (OAG) and city authorities.

“Home health aides are on the front lines serving the most vulnerable in our communities, yet these agencies denied them the most basic form of dignity and respect: fair pay for a hard day’s work,” said Attorney General James. “These hardworking New Yorkers not only deserve the pay that was unfairly denied to them, but also the assurance that this won’t happen again — and that’s exactly what this agreement will do. I will continue my commitment to protect working families and workers’ rights as well as their wallets. Let this be a warning to all employers: exploitative and illegal labor practices will not be tolerated in New York.”

“In New York City, we fight to protect all workers — including those who work in people’s homes,” said Mayor Bill de Blasio. “Home health care workers care for our families and not only deserve Paid Safe and Sick Leave — it’s their right. To any company in New York City that thinks they can get away with withholding workers’ rights and violating our laws: we will hold you accountable.”

“Home health aides provide vital support to our vulnerable loved ones,” said DCWP Commissioner Peter A. Hatch. “Sadly these invaluable workers often face exploitative working conditions that violate important labor protections. We are committed to ensuring home health aides are treated fairly and will hold accountable any home care agency that denies workers their rights or punishes them for exercising their rights. We urge any worker who believes they have been treated unjustly to contact us, so we can help protect their rights. I want to thank Attorney General James and her office for their partnership in this important investigation.”

Across the state, approximately 200,000 aides provide home health care services each day. More than 60 percent of home health aides in New York state are immigrants, and more than 90 percent are women. Despite the vital importance of their work, home health aides rarely earn above minimum wage, and approximately 18 percent of aides statewide live below the poverty line.

The OAG’s investigation, which began in 2018 following a referral from DCWP, uncovered multiple, significant violations of state and city laws that resulted in unpaid wages for thousands of New Yorkers. During its investigation, the OAG conducted more than 40 interviews of workers, collected testimony from several officials of both companies regarding company policies, verified records, and background information. The violations that the OAG uncovered include:

  • Failure to pay workers correct overtime wages;
  • Failure to pay aides for unscheduled short shifts;
  • Failure to pay workers additional compensation when they worked more than ten hours in a shift or multiple shifts in one day;
  • Failure to pay employees for travel time between patients’ homes;
  • Failure to pay “joint employer” overtime for workers who worked for both companies during the same week; and
  • Failure to pay workers who perform “live-in” shifts. Live-in shifts require workers to stay in a patient’s home for at least 24 hours but they receive payment for only 13 hours. Workers should receive 11 hours of breaks to sleep and eat for each shift, but the companies failed to ensure aides received their breaks and consistently failed to compensate workers at all when they missed them. 

The joint resolution will compensate approximately 12,000 workers for a total payout of as much as $18,800,000. The funds will be delivered in two phases.

Phase One

The first phase will deliver $7,262,000 to the workers, and it includes all violations described above except for compensation for “live-in” workers. The agencies will pay $5,200,000 in restitution for violations of the New York Labor Law, and $2,032,500 to employees impacted by the violations of the Paid Safe and Sick Leave Law. Four employees who were illegally fired for using paid sick leave will receive back pay. Both agencies will be required to pay the entire amount within 10 days.

Phase Two

The second phase, obtained as a result of the OAG investigation and in coordination with a private lawsuit, requires a maximum payout of approximately $11,540,000, and is subject to court approval. This phase includes wage violations for “live-in” workers. Under this arrangement, workers must sign and return agreements to participate in the settlement, and any worker who fails to do so will not receive payment as part of the resolution. The agencies will pay a guaranteed minimum of $6,200,000 and up to $10,740,000 (depending on how many workers opt-in) to compensate the “live-in” workers for their stolen wages, plus $800,000 for additional claims. The agencies must also pay the attorneys’ fees for the plaintiffs in the private lawsuit.

To determine the amount of unpaid wages owed, the OAG used the results of the employee interviews, testimony from agency officials, an extensive analysis of the law, and the agencies’ own records of wages received and work performed.

In addition to the monetary agreement obtained by the OAG and DCWP, the agreement stipulates that Intergen and Amazing must:

  • Implement new policies that are in compliance with the New York Labor Law and NYC Paid Safe and Sick Leave Law and prevent further stolen wages;
  • Inform all employees of their rights under New York Labor Law and Paid Safe and Sick Leave Law;
  • Stop requiring employees to submit documentation to justify their use of sick leave;
  • Train aides and company management and employees on updated policies;
  • Post and distribute the Notice of Employee Rights and obtain a written, dated acknowledgement of receipt from each employee;
  • Appoint a compliance officer who will address employee complaints and regularly report to the OAG and DCWP;
  • Create a new employee manual with updated policies that must be submitted to the OAG and DCWP for approval and have it translated and distributed to all employees; and
  • Regularly report to the OAG and DCWP regarding the new policies for two years following this agreement.

To receive payments from these agreements, current and former employees of Intergen and Amazing are encouraged to contact the OAG through the online form.