Attorney General James Recovers More Than $2.9 Million for Hundreds of New York City Marriott Workers Denied Full Severance Pay

 

Workers Fired Due to COVID-19 Crisis to Receive Additional Severance Pay

 New York Attorney General Letitia James today announced an agreement with Marriott International, Inc. that will provide hundreds of previously terminated workers with more than $2.9 million in undelivered severance pay. Management at the Marriott Marquis Hotel in Times Square promised non-unionized employees the same or better benefits as unionized hotel workers, but when more than 800 workers were fired in March 2021, non-unionized former employees received less severance pay than those who were members of a union. As part of the agreement, Marriott will pay $2.95 million to more than 500 individual workers who would have received greater amounts of severance had they been unionized.

“Marriott fired hundreds of employees last year due to the pandemic and to add insult to injury, deprived them of the financial security they needed during that critical time,” said Attorney General James. “No individual should ever feel the hopelessness that these workers felt when Marriott failed to deliver the severance pay they were promised. I will always protect the fair, equal treatment of New York’s workers and ensure they get the benefits they are entitled to.”

The Marriott Marquis announced plans to furlough 1,000 employees in March 2020 due to COVID-19's impact on New York City and the New York hotel business. The hotel fired more than 800 workers in March 2021, and in April 2021, the Office of the Attorney General (OAG) launched an investigation into the firings. Through interviews conducted with Marriott’s former employees, OAG found that managers and supervisors at the Marriott Marquis promised their hourly employees equal or better benefits than unionized employees at other New York City hotels. However, when Marriott fired the workers, Marriott offered severance that was capped at 10 weeks of pay, while the severance available to unionized workers is not capped. By not fulfilling Marriott’s promise of same or better benefits as unionized workers, Marriott violated section 63(12) of the Executive Law, which gives OAG the authority to investigate allegations of civil fraud. 

The agreement with Marriott requires the company to pay $2.95 million to workers who would have received greater amounts of severance had they been unionized.

“We would like to thank New York Attorney General Letitia James, her office's Labor Bureau, and our attorney Richard Corenthal for all the hard work that they put in, and for reaching the agreement providing for additional severance to hundreds of workers laid off from the Marriott Marquis in Times Square during the pandemic,” said Piotr Szewczyk, a former worker at Marriot Marquis. “By requiring Marriott to pay more fair severance that the company initially promised to its long time, dedicated laid-off workers, Attorney General James has let the greedy corporations know that they must keep their promises and treat their hard-working employees fairly.” 

“As one of the many non-Unionized workers in New York City who have very few protections when working for large corporations, I would like to thank New York Attorney General Letitia James, her office, Richard S. Corenthal, and the office of Archer Byington Glennon & Levine LLP for helping the terminated workers of the Marriott Marquis negotiate a proper severance agreement,” said Jonathan Peter Dorton, a former worker at Marriot Marquis. “It restores my faith that we do have a voice and it’s our right as citizens of the United States of America and as a New Yorker to stand up and fight for what we were promised.”

“It is notoriously difficult for low-wage workers to recover lost and stolen wages, particularly when they work outside of the protection of a collective bargaining agreement,” said State Senator Jessica Ramos. “I’m grateful that those workers have the unwavering support of our attorney general. Management at Marriott Marquis employed a nefarious strategy, pitting union and non-union employees against each other and making both groups of workers more vulnerable to exploitation in the process. That will not stand in New York. The Attorney General’s office and I are committed to ensuring that no employer pads their bottom line with wages stolen from working people.”

“This agreement is a massive win for workers across New York and sends a strong message to corporations who do business in our state: You will be held accountable,” said State Senator Brad Hoylman. “Attorney General Letitia James is a champion of the law and our working populations, and this victory is entirely hers and the workers who advocated for themselves throughout this process.”

“Wage theft is a problem endemic in New York state, and each year workers are deprived of $1 billion of wages they are owed,” said State Assemblymember Linda B. Rosenthal. “I applaud Attorney General Letitia James for ensuring that workers at the Marriot Marquis did not fall into the category of workers who were stiffed. Corporations should realize that actions that break the law will be noticed by our attorney general.”

The agreement announced today marks Attorney General James’ most recent effort to ensure that New Yorkers receive the pay they deserve. Last week, Attorney General James recovered $175,000 for employees of Gotham Pizza who were cheated out of their pay. Earlier in April, Attorney General James secured nearly $900,000 for more than 200 NYCHA construction workers who were underpaid by Lintech Electric. In March, she announced agreements with two home health agencies for cheating employees out of wages and submitting false Medicaid claims. That same month, she secured an agreement with Sanford Apt. Corp (Sanford), a cooperative residential apartment building in Flushing, Queens that refused to pay its superintendents for their work.

The OAG's Labor Bureau enforces worker protection laws that protect workers from wage theft and other exploitation and investigates alleged violations of minimum wage, overtime, prevailing wage, and other labor laws throughout the state. If anyone has questions or believes that they have been a victim of wage theft or other labor law violations, please contact OAG at 212-416-8700 or Labor.Bureau@ag.ny.gov.

Long Island Woman Indicted for Stealing $135,000 from New York City’s Retirement System

 

Defendant Allegedly Impersonated Cousin to Claim Death Benefit

 Brooklyn District Attorney Eric Gonzalez, together with New York City Department of Investigation Commissioner Jocelyn E. Strauber, announced that a Long Island woman has been indicted for stealing $135,178 in ordinary death benefits from the New York City Employees’ Retirement System (NYCERS). As part of the theft, the defendant is alleged to have impersonated a cousin who was the rightful beneficiary of the benefit following the death of the cousin’s father, a New York City transit worker.

 District Attorney Gonzalez said, “This defendant allegedly attempted to defraud New York’s retirement system by impersonating a relative and claiming benefits to which she was not entitled. I would like to thank Department of Investigation and my prosecutors for all the work they did to bring this defendant to justice.”

 Commissioner Strauber said, “As charged in the indictment, this defendant impersonated her own cousin, including through the use of fraudulent documents, to obtain a $135,000 death benefit. In so doing, she stole from her cousin, the legal beneficiary, and from the New York City Employees’ Retirement System (NYCERS). I thank NYCERS for promptly alerting DOI so that we could uncover this alleged scheme, and the dedicated prosecutors at the Brooklyn District Attorney’s Office for their partnership in holding accountable those who improperly enrich themselves with City funds at the expense of legitimate beneficiaries.”

 The District Attorney identified the defendant as Akosua Agyeman, 48 of Oceanside, New York. She was arraigned today before Brooklyn Supreme Court Justice Jill Konviser on an indictment in which she is charged with second-degree grand larceny, first-degree identity theft, first-degree offering a false instrument for filing, and first-degree falsifying business records. She was released without bail and ordered to return to court on June 29, 2022.

 The District Attorney said that, according to the investigation, beginning in December 2017, the defendant allegedly made a series of fraudulent filings with NYCERS in which she purported to be the daughter of Kwaku Duah, a longtime employee of the New York City Transit Authority who died on November 18, 2017. Duah had previously designated his daughter – the defendant’s cousin – as the beneficiary of the ordinary death benefit that is paid when a member of NYCERS dies before retiring. Duah’s daughter, the rightful beneficiary, changed her name prior to being designated as Duah’s beneficiary. This allegedly allowed the defendant to impersonate her cousin to obtain the death benefit. The filings the defendant submitted to NYCERS are alleged to include a Ghanaian passport; a birth certificate, which was invalid for not reflecting the amended name; and an IRS taxpayer identification number in the cousin’s name. Furthermore, according to the investigation, on May 1, 2020, NYCERS mailed a check in the amount of $135,178 to the defendant’s address in Oceanside. The defendant is alleged to have then deposited the check at a Bethpage Federal Credit Union bank account. Investigators from the Brooklyn District Attorney’s Office and the Department of Investigation later determined the defendant opened the account using a fake Delaware driver’s license. Additionally, the defendant is alleged to have visited the NYCERS customer service center in Brooklyn on December 1, 2017, where she submitted an invalid copy of her cousin’s birth certificate while inquiring about the process of receiving Duah’s death benefit.

An indictment is an accusatory instrument and not proof of a defendant’s guilt

Governor Hochul Signs Legislation Boosting Consumer Protections and Addressing Inequities in Financial Services System

 

Legislation (S.1684/A.8293) Directs the Department of Financial Services to Conduct a Study on Underbanked Communities

Legislation (S.4894/A.1693) Prohibits Banking Organizations from Issuing Unsolicited Mail-Loan Checks

 Governor Kathy Hochul today signed legislation that boosts consumer protections and addresses inequities in the state's financial services system. Legislation (S.1684/A.8293) directs the Department of Financial Services to conduct a study of underbanked communities and households in New York and make recommendations to improve access to financial services for them. Legislation (S.4894/A.1693) protects consumers from potentially unsafe banking products by prohibiting the issuance of unsolicited mail-loan checks.

"This legislation is the first step in remedying the lack of safe and accessible banking services that contribute to the inequities in our state's financial system," Governor Hochul said. "Dangerous mail-loan checks and banking deserts prevent already underserved New Yorkers from safely accessing the services they need to build wealth and pursue economic prosperity. I am proud to sign this legislation into law that will boost consumer protections for New Yorkers and explore ways to bring these much-needed resources to consumers."

“Protecting consumers and delivering data-driven policies to help implement a more equitable and resilient financial sector in New York is a top priority for DFS,” Superintendent of Financial Services Adrienne A. Harris said. “We look forward to engaging with all stakeholders in order to shed light on the current state of financial services in underserved areas and propose collaborative recommendations to increase access to financial services for the benefit of all New Yorkers.”

Legislation (S.1684/A.8293) directs the Department of Financial Services to conduct a study of underbanked communities and households in New York and make recommendations to improve access to financial services for them. Access to safe and affordable financial services is necessary in building financial stability but far too many New Yorkers are either unbanked, with no access to a checking or savings account, or underbanked, with access to some banking services but also the need to use alternative and riskier financial services such as payday loans. This bill will update the numbers of households that are unbanked and underbanked and analyze the data to develop an assessment for New York State's Department of Financial Services to more effectively aid these communities.

Legislation (S.4894/A.1693) protects consumers from potentially unsafe banking products by prohibiting banking institutions from issuing unsolicited mail-loan checks. A mail-loan check is a an unsolicited loan offer that is sent by mail and once cashed or deposited binds the recipient to the loan terms, which may include high interest rates for multiple years. The practice of mailing unsolicited loan checks can prove confusing and dangerous for consumers and this legislation will protect New Yorkers from the associated risk.

MAYOR ADAMS, COUNCILMEMBERS POWERS, BRANNAN STAND UP FOR NYC SMALL BUSINESSES, PUSH TO SUSPEND LIQUOR LICENSE SURCHARGE

 

Bill Introduced by Councilmembers Powers and Brannan Would Put Money Back Into Pockets of Small Business Owners and Fuel City’s Recovery

New York City Mayor Eric Adams today stood up for New York City small businesses by backing a newly introduced bill by New York City Councilmembers Keith Powers and Justin Brannan that would suspend the city’s liquor license surcharge and put money back into the pockets of small business owners: 

 

“The COVID-19 pandemic hit our small businesses hard and had an especially big impact on bars, restaurants, and entertainment venues,” said Mayor Adams. “Suspending the local tax these businesses currently pay on liquor licenses is a simple, common-sense way to put money back into their pockets and help keep their doors open. This was a key component of my economic blueprint in March, and I am proud to support this legislation sponsored by Councilmembers Powers and Brannan. Under my administration, city government will not be an obstacle for our small business community but an ally that helps small business owners thrive.”

 

“Small businesses propel economic activity across the five boroughs, and this administration is committed to giving them the support they need to succeed and create jobs for New Yorkers,” said Deputy Mayor for Economic and Workforce Development Maria Torres-Springer. “This legislation will provide welcome financial relief to many of the businesses that were most impacted by the pandemic. It will help support our nightlife industry — a critical engine of our tourism economy — and deliver on a commitment from our ‘Rebuild, Renew, Reinvent’ blueprint for the city’s economic recovery.” 

 

“It’s time to tap into common-sense proposals to help New York City’s small businesses,” said Councilmember Powers. “I’m excited to join Mayor Adams today to raise a glass to our city’s nightlife by putting money back into their pockets. Cheers to boosting the spirits of our bars and restaurants — it’s worth the shot!” 

 

“New York City’s restaurants, bars, grocery stores, and bodegas are the lifeblood of our neighborhoods,” said Councilmember Brannan. “These small business owners have been through the wringer over the past few years, and they need our support. Owning and operating a small business during normal times is no easy feat. Taking the health, safety, and well-being of your customers and employees seriously, while doing everything you can to make sure your business survives a global pandemic, basically calls for a miracle. Everyone loves to say ‘small businesses are the backbone of our local economy,’ but talk is cheap. By suspending this tax, we can help lighten their load just a little bit as we explore additional avenues to ensure our small businesses can thrive beyond the pandemic. I’m happy to get this done in partnership with Mayor Adams.”

NYPD Announces Citywide Crime Statistics for April 2022 - Up Citywide By 34.2 Percent.

 

Intelligence-Driven Policing, Focus on Guns and Quality-of-Life Offenses Continue

For the month of April 2022, New York City saw a 38% decrease in homicides (31 v. 50) and a 29.1% drop in shooting incidents (105 v. 148) compared to April 2021.

Overall index crime increased by 34.2% in April 2022, compared to the same period a year ago (9,463 v. 7,051) – a total driven by a 43.5% increase in grand larceny (3,867 v. 2,694) and a 41.5% increase in robbery (1,261 v. 891). Burglaries also increased by 39.4% (1,209 v. 867) in April 2022 compared to last year.

NYPD officers effected 49.6% more arrests across the seven major index crime categories (3,832 v. 2,561) in April 2022, including 372 arrests for illegal gun possession – which is 146 more gun arrests than the same period last year, a 64.6% increase.

“The women and men of the NYPD are making noticeable headway through our enhanced patrol deployments both on the street and below ground in the subway system, a concentrated effort to take even more illegal firearms out of the hands of criminals, and a renewed attention to persistent quality-of-life offenses – guided directly by complaints from the people we serve,” Police Commissioner Keechant L. Sewell said. “Throughout the five boroughs, the NYPD remains highly focused on the relatively small number of people responsible for much of New York City’s crime and disorder.”

Each day and night, NYPD investigators and analysts are relentless in gathering timely and accurate intelligence, identifying and arresting the drivers of violence, and presenting the strongest possible cases to their law enforcement colleagues in the courts.

The NYPD’s ability to reverse negative crime trends is enhanced by collaborations with its city, state, and federal partners – most notably by way of their daily Gun Violence Strategic Partnership meetings. Further progress is realized through New Yorkers’ understanding that true public safety requires a shared responsibility, and that building trust and strengthening relationships between the police and the people they serve is vital to the city’s collective mission.

**All crime statistics are preliminary and subject to further analysis, revision, or change.*.*

Index Crime Statistics: April 2022

	April 2022	April 2021	+/-  %
Murder	31	50	-19	-38.0%
Rape	109	116	-7	-6.0%
Robbery	1261	891	+370	+41.5%
Fel. Assault	2044	1690	+354	+20.9%
Burglary	1209	867	+342	+39.4%
Grand Larceny	3867	2694	+1173	+43.5%
Grand Larceny Auto	942	743	+199	+26.8%
TOTAL	9463	7051	+2412	+34.2%

Additional Statistics For April 2022

	April 2022	April 2021	+/- %	%%%
Transit	176	115	+61	+53.0%
Housing	444	466	-22	-4.7%
Citywide Shooting  Incidents	105	148	-43	-29.1%

Hate Crimes Statistics Summary for April 2022

(Representing April 1st – April 30th* for calendar years 2022 and 2021)

Motivation	2022	2021	Diff	% Change
Asian	7	28	-21	-75%
Black	4	3	+1	+33%
Disability	0	0	0	0%
Ethnic	4	0	4	***.*
Gender	0	3	-3	-100%
Hispanic	0	0	0	***.*
Jewish	16	27	-11	-41%
Muslim	3	0	3	***.*
Religion	2	0	+2	***.*
Sexual Orientation	4	6	-2	-33%
White	0	0	0	0%
Grand Total	40	67	-27	-40%

Note: Statistics above are subject to change upon investigation, as active possible 

bias cases may be reclassified to non-bias cases and removed from counted data.

Governor Hochul Signs Legislation Eliminating Discriminatory Language from Parts of Education Law and Prohibiting Intimidation and Retaliation Against Students

 Legislation (S.6744/A.7981) Removes Archaic Stigmatizing Term 'Incorrigible' to Protect Students     

Legislation (S.6529/A.9391) Prohibits Intimidation and Retaliation Against Students Who File Complaints Against Proprietary Schools     

 Governor Kathy Hochul today signed legislation to protect the rights of students in New York by eliminating a sexist and racist term from certain sections of education law. Legislation (S.6744/A.7981) is intended to address the stigma and historical racial bias of being labelled 'incorrigible' by removing the term from reference in education law. Additionally, Governor Hochul signed legislation (S.6529/A.9391), which explicitly prohibits discrimination, intimidation, and retaliation against proprietary school students who file a complaint or exercise their right of private action.

"It is essential that New York's educational institutions are places where all students, no matter how they look or express themselves, can pursue their fullest potential free from bias and intimidation," Governor Hochul said. "In New York, our diversity is our strength, and this legislation will help ensure that young women, especially young women of color, are not stigmatized by this outdated term and are protected from abuses of power."

Legislation (S.6744/A.7981) is intended to address the stigma of being labelled 'incorrigible' by removing the term from reference in education law. 'Incorrigible,' or 'incapable of being corrected, not reformable' as defined by Merriam-Webster, is a term that has historically been applied to girls of color for behavior that is not stereotypically feminine. This bill aims to right the historical wrongs of racial bias and discrimination that stemmed from use of the word by removing reference to the term "incorrigible" in education law.

Legislation (S.6529/A.9391) prohibits discrimination, intimidation, and retaliation against proprietary school students who file a complaint or exercise their right of private action against such schools. State law currently provides students with the right to file a written complaint against licensed private career school conduct with the State Education Department, as well as providing for a private right of action outside the Education Department's complaint procedure. However, the law does not provide any protections against retaliation for students in proprietary or for-profit colleges. By signing this bill, Governor Hochul has now expanded protections to students in these schools. Students will no longer have to be intimidated or threatened by unscrupulous school administrators or leadership for exercising their legal rights.