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Sunday, May 1, 2022
Dinowitz Digest: Courts Overturn Redistricting, Shred Days Announced, & More
NYC PUBLIC ADVOCATE CALLS TO END TO THE ‘EXPLOITATION ECONOMY’ AND PROTECT GIG WORKERS IN NEW REPORT
On May Day, as people across New York commemorate the worker justice movement, New York City Public Advocate Jumaane D. Williams has released a new report today calling for worker protections that address the modern workforce and the ‘gig economy.’ The report, Disrupting the Exploitation Economy, highlights the ways in which large corporations deny basic employment protections to their workforce by exploiting loopholes in current city, state and federal policies.
“While the gig economy has the potential to provide workers with great opportunity for new models of flexibility and independence, it has also provided large corporations with the opportunity to take advantage of working people by denying them rights and protections that all workers demand and deserve,” said Public Advocate Jumaane D. Williams. “The gig economy cannot be allowed to operate as the exploitation economy – it should be a space for workers to be empowered, not for bad actors to capitalize on predatory capitalism. On May Day, as we celebrate the victories of the worker justice movement, this report makes clear there is more to do to ensure those victories research all workers, across industry or category.”
As the report details, workers classified as independent contractors – a growing number of New Yorkers – are not afforded many of the basic employment protections and benefits that other employees are able to access. An estimated 850,000 New Yorkers are currently classified as low-wage independent contractors, and that number is expected to increase. As the gig economy grows and the workforce shifts in the wake of the pandemic, this report recommends several policy proposals in order to close the benefits gap.
In addition to the challenges faced by independent contractors, many workers are being exploited by companies currently misclassifying their workers – often deliberately – as independent contractors despite functionally serving as employees. This cost-cutting tactic denies workers the wages and benefits they deserve, and allows companies to avoid costs and dodge taxes. A failure by the state and federal government to establish clear criteria for classification has enabled bad actors to take advantage of workers who should in reality be considered employees.
It is vital to take both city and state action to ensure that the labor protections which have been won in recent years and decades are extended to gig workers in a new economy, and equally critical that employees are not deliberately misclassified in an effort for corporations to evade those protections and the accountability that accompanies them.
In the city, the report recommends:
- Providing Independent Contractors with Paid Safe and Sick Leave
- Ensuring Independent Contractors Know Their Rights
- Protecting Delivery Workers
- Providing Real Support for Taxi Drivers
- Improving Conditions for App-Based Drivers
- Expediting IDNYC Applications and Renewals
New York City has an opportunity to be the best city in the nation for gig workers, and these recommendations would drastically improve their working conditions. As the number of gig workers continues to grow, city policies have not caught up to the modern day economy to protect workers that are often exploited. Policies that would provide paid sick and family leave, ensure full and timely payments, insure necessary equipment, and expand bike lanes will have real and lasting impacts on New Yorkers that are often struggling to pay their bills – New Yorkers that are significantly more likely to be immigrants and people of color.
On a state level, the Public Advocate calls for:
- Properly Classifying Workers
- Rejecting Bad Deals for Workers
- Increasing Misclassification Enforcement
- Establishing a Portable Benefits Program
- Cracking Down on Wage Theft
- Passing the Nail Salon Accountability Act
- Improving Access to Labor Licensure
- Improving Unemployment
- Supporting Undocumented Workers
When corporations misclassify their workers, the state loses out on critical tax revenue and permits a status quo reliant on exploitation and manipulation. The state must establish and codify narrow, specific standards for independent contractors and then aggressively enforce those new standards. Additionally, the report argues, the state should create a portable benefits program, which would allow workers to maintain benefits despite changing jobs, and should crack down on industries that have been historically unethical to their workers.
Federally, the report calls on Congress to pass the PRO Act, as well as permanently extend unemployment eligibility to independent contractors, improve protections for immigrant workers, and expedite access to citizenship.
Read the full report on ending the Exploitation Economy here.
“Thousands of gig workers were on the frontlines during the worst of the pandemic, continue to work despite the risks, and deserve pay and protections like other workers. No one should have to choose between going to work sick and being able to afford rent or put food on the table. Upholding and passing these measures will directly benefit some of the most essential and overlooked New Yorkers, and if we’re committed to an inclusive recovery, that starts with workers’ livelihoods,” said NYC Comptroller Brad Lander.
"No rebuilding of our City and state in the aftermath of an ongoing pandemic can happen without restoring labor rights destroyed by what the Public Advocate rightly calls, the exploitation economy. Uber takes the majority share and fires drivers at will, leaving them on the edges of poverty and without job security. Meanwhile, it's the largest private sector employer in the state - directly impacting over one hundred thousand drivers and delivery workers, and setting the trend for economic devastation for millions of other workers across our state. We thank the Public Advocate for lifting the veil and uplifting the voices and interest of drivers, and all workers. We echo the call for city, state and federal action from right of 85% of fare to drivers, a Just Cause policy, to the PRO Act and a state ABC Test to dismantle misclassification." - Bhairavi Desai, Executive Director of the New York Taxi Workers Alliance
"Workers Justice Project (WJP)/ Los Deliveristas Unidos (LDU) applaud the Office of the NYC Public Advocate Williams' report. However, WJP knows that the first step in empowering gig workers like Deliveristas, cleaners, and other workers is to raise awareness of their working conditions. Now WJP/Los Deliveristas Unidos' are focused build a new future for gig workers by creating a new benefit, organizing, and representation models that transform the gig economy like Deliveristas that care for all workers, their families, and the communities and raising the standards in NYC and beyond." – Hildalyn Colon Hernandez, Director of Policy & Strategic Partnerships Los Deliveristas Unidos (LDU).
Comptroller Lander Calls on the NYC Rent Guideline Board to Reconsider Proposed Rent Increases
Calls 9% hike (for two-year leases) far too high. Urges Board not to return to the days of Giuliani and Bloomberg’s unreasonably high increases.
New York City Comptroller Brad Lander released a statement following the release of the Rent Guidelines Board’s Income and Affordability Report and ahead of the Rent Guidelines Board’s deliberations over annual rent adjustment.
“The NYC Rent Guidelines Board has a critical task: establishing fair rent increases for rent stabilized housing that balance cost increases facing building owners with affordability issues facing tenants, all in NYC’s tight housing market. That is always challenging, but especially during times of high inflation when owners are more likely to experience rising costs, while tenants—many of whom will not see wage increases—are squeezed by price increases they cannot possibly afford.
“Unfortunately, the Rent Guideline Board staff proposal missed the mark. Potential rent increases as high as nine percent on two-year leases are far beyond what many rent-stabilized tenants can possibly afford, while the city’s housing courts are slammed with 200,000 pending eviction cases and market-rate rents in many neighborhoods are spiking to their highest levels ever.
“Protecting tenants from unaffordable rent increases, in a tight housing market, at a time of high inflation is a large part of why our City adopted rent stabilization and established the Rent Guidelines Board in the first place.
“While inflation is leading to rising costs for many property owners, the Board’s methodology for assessing cost increases recommended a 2.7 percent hike for one-year leases and 4.3 percent for two-year deals. That should have been the ceiling for proposed ranges for the board’s consideration.
“Significant rent increases are often justified by referencing the pain of rising costs to mom-and-pop owners. However, it is large landlords (those with twenty-one or more buildings in their portfolio) that own more than half of the City’s rent stabilized buildings. These larger owners are generally much better capitalized and have far more ability to weather cost increases. The Board’s methodology should be updated to analyze the impact that real estate ownership and capitalization have on prices and affordability.
“Part of the challenge of the rent stabilization process is balancing staff research with what is ultimately a decision made by the Board, all of whom the Mayor appoints and therefore inevitably reflects politics. Members of the Board are expected to be a balance between landlord interests, tenant representatives, and members of the public, but the Mayor’s appointment of a public member to the Board who has expressed skepticism about the entire system of rent regulation is deeply troubling in this context.
“While a modest rent increase may be merited this year, Mayor Adams’ appointed Board must not return to the days of Giuliani and Bloomberg’s unreasonably high increases. I urge the members to strike a far better balance between the needs of tenants and owners and revise its methodology to reflect the housing market we have today.”
Background:
The Rent Guidelines Board’s assessment comes from its staff’s 2022 Income and Affordability Report, but misses key demographic data about those who would be affected by the Board’s decision. 76% of rent stabilized tenants identify as non-white, nearly half are immigrant households, more likely to be female-headed, and make an average of one third less in wage and salaries than tenants in non-regulated housing.
Moreover, the Income and Affordability report paints a rosier picture of declining unemployment and increased wages. The Comptroller’s Office analysis shows that the economic recovery from the pandemic has not been evenly experienced across race or gender. The unemployment rate for Black residents of NYC increased to 11.6% in February, double the citywide average and nearly four times the national average.
The Income and Affordability study highlighted a temporary 3.8% decline in average rents early in the pandemic in market rate units within buildings that also include rent-stabilized apartments. The Comptroller Office’s April 2022 Monthly Economic and Fiscal newsletter highlights that the current median asking rent is $2,975, a 10% increase since October and November 2021. Every indication shows that rents generally have skyrocketed since the data compiled in the RGB reports. Landlords hit hardest by declining market rate rents in 2020 already benefited from most increases in 2021 and 2022. In addition, the report neglected to thoroughly analyze the likelihood of a surge of evictions as the pandemic eviction moratorium has expired.
DEC ANNOUNCES NEW RECREATIONAL FISHING REGULATIONS FOR SUMMER FLOUNDER
Recreational Summer Flounder Season Opens on May 1 with Extended Dates, Decreased Size Limit
New York State Department of Environmental Conservation (DEC) Commissioner Basil Seggos today announced new recreational saltwater fishing regulations, effective immediately, for the summer flounder (fluke) season that starts May 1. These changes will provide more opportunities for anglers by extending the season a total of 12 fishing days to Oct. 9, 2022, and decreasing the minimum size limit by half an inch.
“DEC is pleased to announce the adoption of recreational summer flounder fishing regulations that will extend the fishing season, decrease the size limit, and provide more opportunities for anglers to take home one of New York’s most sought-after saltwater fish,” Commissioner Seggos said. “New York State will continue to work with our coastwide partners to enact conservation measures for summer flounder to ensure an accessible and sustainable fishery for years to come.”
The New York recreational summer flounder season in 2022 is open May 1 to Oct. 9, 2022, and anglers are allowed four fish at a minimum size limit of 18.5 inches in response to new interstate fishery management plan requirements. New York State’s recreational regulations for summer flounder are the same as Connecticut’s regulations to maintain consistency in the Long Island Sound and maximize the benefit to recreational anglers and associated industries.
DEC’s rulemaking is necessary for the State to remain in compliance with recent changes to recreational summer flounder initiated by the Atlantic States Marine Fisheries Commission (ASMFC) and Mid-Atlantic Fishery Management Council (MAFMC). The regulations adopting the changes announced today are effective immediately. The complete text of the rulemaking is available on DEC's website.
DEC is accepting comments on the regulations from May 18, through July 18, 2022. Written comments can be sent by mail to Rachel Sysak, New York State Department of Environmental Conservation, 123 Kings Park Blvd., Kings Park, NY 11754, or by email to fw.marine@dec.ny.gov.
For current regulations, check DEC’s Recreational Saltwater Fishing Regulations. Anglers must enroll in the annual no-fee Recreational Marine Fishing Registry before fishing New York's Marine and Coastal District waters or when fishing in the Hudson River and its tributaries for "migratory fish of the sea" (such as striped bass). Anglers can enroll for the registry online or by phone or by visiting a license issuing agent location.
Saturday, April 30, 2022
Bronx Gang Member Sentenced To 21 Years For Two Attempted Murders
Damian Williams, the United States Attorney for the Southern District of New York, announced that JOSE CABAN, a/k/a “Nene,” was sentenced today to 21 years in prison for committing violent crimes in aid of racketeering and firearms offenses. In June 2018, CABAN helped shoot and paralyze an 18-year-old victim and, then a few months later, in February 2019, CABAN fired a gun five times on a crowded street when attempting to murder a gang rival. CABAN was convicted in October 2021 after a jury trial before U.S. District Judge Valerie E. Caproni, who imposed today’s sentence.
U.S. Attorney Damian Williams said: “Today, Jose Caban was rightly sentenced to decades of imprisonment for participating in two shootings that paralyzed an 18-year-old victim and sent people, including children, running for their lives on a crowded street. We will continue to hold accountable those who plague our communities with senseless gun violence.”
According to the Superseding Indictment and the evidence at trial:
CABAN is a member of the Jack Boyz, a criminal enterprise involved in committing numerous acts of violence, including shootings, in and around the Bronx. Members and associates of the Jack Boyz engage in violence to retaliate against rival gangs, and to promote the standing and reputation of the Jack Boyz.
On June 19, 2018, near East 136th Street and Willis Avenue in the Bronx, CABAN helped another member of the Jack Boyz attempt to murder a rival, who was shot in the spine and paralyzed from the chest down.
On February 8, 2019, near East 135th Street and Willis Avenue in the Bronx, CABAN fired a gun five times on a street crowded with innocent bystanders, including children, in an attempt to murder a rival.
In addition to his prison term, CABAN, 23, was sentenced to five years of supervised release.
Mr. Williams praised the outstanding investigative work of the New York City Police Department and Homeland Security Investigations.
Governor Hochul Announces Opening of Albany Skyway Connecting Downtown Albany to the Hudson River Waterfront
New Elevated Park Boosts Recreational Opportunities for Capital Region Residents and Visitors
Transformative Project Supports Governor Hochul's Goals to Reconnect Neighborhoods and Improve Quality of Life; Furthers Tourism and Economic Development and Directly Connects Downtown Albany to the Empire State Trail
Public Process for Livingston Avenue Bridge Replacement Project to Begin in June
Governor Hochul: "That's what we're going to continue doing in this post-pandemic era. Bring me the boldest dreams. Bring me the craziest ideas because I'm sure someone thought, could this actually happen? And we're here today to say, yes it did. That is what I want to continue doing as Governor."
Hochul: "Sometimes we have to fix the mistakes of the past with infrastructure. That's what we're doing in Buffalo, we've done it in Rochester, and Syracuse and in the Bronx. And right here, we have this opportunity, which is extraordinary."
Thank you everyone. First of all, thank you, Commissioner. Thank you for believing in the New York State DOT. Thank you for signing up for another round of tours with us. We're so proud to have you as our leader and our resident visionary, and the leader of an incredible group of hardworking individuals who do not get the recognition they deserve. So I want to thank all the members of the family of DOT. Raise your hands and let me give you some acknowledgement right now. If you're with the team, thank you. All the great workers who are building back our communities all across the state.
Also, it happens with partners who have great ideas, Kathy Sheehan, Mayor of this great city. She just keeps bringing the ideas all the time. And she has my cell phone number, which I don't know, I might have to change it one of these days. But until then, she is great, a great champion for the city, my home away from home. Mayor Kathy Sheehan, let's give her a round of applause.
Yes, as the Commissioner said, we planted a tree on Arbor Day. It's a nice tradition. This is the 150th anniversary of Arbor Day. And to think of the symbolism of that with the fact that we're connecting with this incredible facility, this waterfront to Arbor Hill, a community that has been underserved for far too long, that needs to have this access so you can go to the beautiful, magnificent water and just relax and reconnect with nature and feel good again. We saw during the pandemic how people needed to rejuvenate, recharge their soul during some really dark times. And they can do that by simply now having a stroll and going to the waterfront.
That is a quality of life issue. And when people put forth infrastructure projects and they sound kind of cold on a piece of paper, no, people like the Commissioner and I and others see opportunity to make people in a community like Arbor Hill feel special that this is your path, and it's called the Skyway. I was sitting here thinking when I was much younger, there was a song called Stairway to Heaven. As an aside, it's kind of a really long song and if you're at your school dance with someone you're not thrilled with, it just never seems to end. Bad flashback. Another story team, another day.
This is not the Stairway to Heaven, this is the Skyway to the future. This is the future of how we'll use infrastructure dollars going forward with intentionality of not just fixing roads and bridges and doing basic work, which is so important.
And what's not done, you know it, I know about the potholes. I'm coming after those potholes.
But just to use something like an exit ramp. Someone looked at this and said, why? Why is it like that? Why can't it be better? Why can't we have beautiful plantings, and gardens, and trees and a pathway to the waterfront over the highway? This is what a vision looks and feels like. And the manifestation of the dreams of people who thought so boldly.
That's what we're going to continue doing in this post-pandemic era. Bring me the boldest dreams. Bring me the craziest ideas because I'm sure someone thought, could this actually happen? And we're here today to say, yes it did. That is what I want to continue doing as Governor.
And we'll make those investments. Yes, $32.8 billion. She dreams about that. And all the other commissioners across the country are saying, I want to be Commissioner Dominguez in New York because this is extraordinary. So a project like this, the opening of the Albany Skyway made possible is $15 million. $15 million changed the whole landscape for a community.
It's extraordinary, it's extraordinary. And as you heard, my vision is again, I talked about this in my State of the State address, seems like a long time ago. Infrastructure is connections. It's connecting people to jobs, connecting people to places.
Sometimes we have to make reconnections where there had been connections and somebody earlier just made a big mistake. Sometimes we have to fix the mistakes of the past with infrastructure. That's what we're doing in Buffalo, we've done it in Rochester, and Syracuse and in the Bronx. And right here, we have this opportunity, which is extraordinary. So that's how we're using the money.
That's how we're going to be known in the future as the ones who created a very different path forward. And that's what I'm so excited about, but also connecting. Talk about connecting to the Hudson, it's not just the Hudson right there. This connects to the Mohawk Hudson bike trail, and I'm a biker and I was kind of surveying the incline here. I think I'd start walking right about there, but I would get over it. And I would then coast down.
Coast into the beautiful scenery, which before was locked up. Unrealized. So the Empire State Trail, recognized as the best trail in America. We're proud of that. 750 miles right here in your home state of New York. Empire Trail, visionary.
So we're going to continue making those kinds of connections, but also something not far from here called the Livingston Avenue Railroad Bridge. Okay. It had a useful life. You know, you built it during the Civil War. That was pretty good. Or a few years removed from the Civil War I think. So, what are you going to do with this bridge?
And it's been such a barrier. I mean, who wants to go take the train when you're going to get delayed right here because it's a single track? And people again came forward and said it doesn't have to be that way any longer. Put the money behind it, Governor, and we can transform it.
And also, not just for the train path, why not make it accessible to pedestrians and bicyclists to go on that very bridge, connecting Rensselaer County and Albany County? And you can ride all the way over to DeFazio's Pizza, right? Mr. DeFazio here? I made a pizza in the back of their kitchen, they said it was one of the best they've ever had. I spent a lot of time making pizzas.
So connections — ride a bike over to get pizza downtown, or, you know, Slidin' Dirty, have a couple sliders have them come over here for Mexican food, I was just there. Drink-to-go, you can sit out there. I don't know if you can get drinks delivered to the waterfront, but that's a heck of a picnic, right? I'm just thinking of great things here right now.
So $400 million to create that connection as well, visionary. We're going to begin construction in late 2023. I'm always going to say, and what happened to 2022? Just so you know, engineers, I'm always pushing even harder. But these two transformative projects are reshaping, not just the landscape, but about how people feel about their community.
That's more powerful than any concrete structures, it's about how you feel. And you live in a great place, but sometimes you just take it for granted and don't realize that there's even more you can be doing. And we did even more with this project, we saw a possibility where there had been none. And that is the hallmark of a community and a state that truly does believe in itself and its people.
So I'm proud to be Governor on this day, to open up this community and make those connections - long forgotten, long unrealized. And they're happening here today and you witnessed this part of history. Welcome to not the stairway to heaven, but the Skyway to the future.
Congratulations.
Carpenters Recruit Apprentices
The Joint Apprenticeship and Training Committee for the New York City District Council of Carpenters will conduct a recruitment from June 1, 2022 through May 3, 2023 for 25 carpenter apprentices, the New York State Department of Labor announced today.
Applicants must obtain a lottery card in person at the New York City District Council of Carpenters Training Center (NYCDCC Training Center), 395 Hudson Street (Clarkson Street entrance) New York, NY 10014 on the first Wednesday of each month, excluding December 7, 2022 and January 4, 2023, during the recruitment period. Lottery cards will be available from 7:00 am - 7:30 am until minimum lottery cards have been distributed or whichever comes first. There will be no admittance after 7:30 am. Only the applicant will be allowed to complete the lottery card. Lottery card applicants must provide a valid government issued picture identification.
Once the lottery card is fully completed, the applicant will place the lottery card in a locked box. Applicants who complete a lottery card will be randomly selected from the lock box as demand for carpenter apprentices is anticipated. Applicants who are selected will be mailed a letter to attend a four-hour orientation. Applicants must arrive on time, or they will be disqualified from further consideration.
At the start of initial orientation, applicants will be given an application that must be completed and returned before the end of the orientation. At the conclusion of the orientation, applicants will be scheduled for an interview at a future date and will be provided with an instruction sheet which will include a list of documents that will be required if they are accepted into the program. Applicants who do not arrive on time to their scheduled interview will be disqualified from further consideration.
As apprentices are requested by signatory contractors, the top-ranking candidates will be notified to attend a final orientation. Applicants must arrive on time to the final orientation with proper documentation. All applicants must bring originals of all of the verification documents. Those that do not comply will be disqualified from further consideration. A conditional offer of employment will be made to all attendees of the final orientation.
The Committee requires that applicants:
- Must be at least 17 years old at the time of application.
- Must have a high school diploma or a high school equivalency diploma (such as TASC or GED). Proof will be required after selection and prior to enrollment in apprenticeship.
- Must be physically able to perform the work of the trade without posing a direct threat to the safety of themselves or others.
- Must pass a substance abuse screening, at the expense of the sponsor, within 48 hours of selection and prior to enrollment in apprenticeship, at a designated collection site designated by the JATC. Applicants that do not pass the substance abuse screening will be notified and disqualified from further consideration.
- Must provide proof of any trade-related experience, certification, or education, after selection and prior to enrollment in apprenticeship.
- Must be a U.S. citizen or have the legal right to work in the United States. Proof will be required after selection and prior to enrollment in apprenticeship.
- Must have reliable means of transportation to and from various job sites and classes at the approved school.
- Must provide DD-214, Certificate of Release or Discharge from Active Duty, if applicable, after selection and prior to enrollment in apprenticeship.
For further information, applicants should contact New York City District Council of Carpenters at (212) 727-2224. Additional job search assistance can be obtained at your local New York State Department of Labor Career Center (see: dol.ny.gov/career-centers)
Apprentice programs registered with the Department of Labor must meet standards established by the Commissioner. Under state law, sponsors of programs cannot discriminate against applicants because of race, creed, color, national origin, age, sex, disability, or marital status. Women and minorities are encouraged to submit applications for apprenticeship programs. Sponsors of programs are required to adopt affirmative action plans for the recruitment of women and minorities.
NYS Office of the Comptroller DiNapoli: Local Sales Tax Collections Up 21% in First Quarter of 2022
Local government sales tax collections grew by 21.1%, or $901 million, in the first quarter of 2022 compared to the same period last year, according to a report released today by New York State Comptroller Thomas P. DiNapoli. Collections for the three-month period totaled nearly $5.2 billion, with growth at least partially driven by inflation, which hit a 40-year-high in March.
“Local sales tax collections continue to come in strong. While local governments are collecting more, they are also dealing with some of the same increased costs that consumers and private businesses are,” DiNapoli said. “With prices rising, we’re watching closely to see what impact the rate of inflation and economic volatility is having on New York’s economic recovery.”
New York City’s collections in the first quarter grew by 28.5% compared to the same period last year and exceeded pre-pandemic levels for the second straight quarter after remaining below pre-pandemic levels for most of 2020 and 2021. The city’s collections have taken longer to recover from the effects of the pandemic compared to the rest of the state.
Outside New York City, nearly every county had double-digit growth in the first quarter. Broome County saw the highest growth at 24.3%, followed by Yates County (22.2%), and Schuyler and Columbia counties (21%). Sullivan County had the lowest growth at 6.6%.
Of the cities that impose their own sales tax (not including New York City), Norwich saw the biggest jump in the first quarter at 30.8%, followed by Johnstown (29.2%) and Ithaca (28.6%). Gloversville had the lowest growth at 4.6%.
The report notes that the recently enacted state budget provides for a partial suspension of certain state taxes on gasoline from June to December 2022, amounting to a reduction of 16 cents per gallon.
Report
First Quarter 2022 Sales Tax Report
Regional/County-by-County Data
Regional Excel Table