CLOSE
Tags Posts tagged with "New York State Department of Labor"

New York State Department of Labor

by -
0 389
Labor leader Joseph James Ettor (1885-1948) speaks in Union Square during the Brooklyn barbers’ strike of 1913. Public domain photo
By Aramis Khosronejad

Amid Labor Day celebrations, Long Island is working through a labor shortage crisis, according to New York State Assemblywoman Jodi Giglio (R-Riverhead), a member of the Assembly’s Standing Committee on Labor.

Like much of New York state, Suffolk County is navigating through various labor challenges such as its relatively high unemployment rate, lingering effects of the COVID-19 pandemic, high cost of living and rising inflation. 

Labor shortages

According to the 2023 Long Island Economic Survey, “We are in the midst of one of the nation’s biggest labor crises on record, with significant labor shortages affecting all industries and geographies.” 

In an interview, Giglio expressed her concerns for Long Island’s labor, suggesting “a lot of businesses [are] putting up help wanted signs and looking for somebody to fill these positions.” 

This July, according to the New York State Department of Labor’s Jobs and Labor Force press release, the unemployment rate in New York state “held constant at 3.9%. The comparable rate for the U.S. was 3.5%.” 

When asked whether she would consider the current labor shortage a crisis, Giglio replied, “Absolutely, it is a crisis.”

Post-pandemic recovery

The Long Island workforce is still feeling the long-term impacts of the pandemic, according to Giglio. She said much of the financial hardships were brought on by malfeasance.

“I think there was a lot of money that was stolen from the state by unemployment, fraud, and people [who] were finding ways to live less expensively,” Giglio said. Additionally, “Businesses are really struggling to stay afloat.”

Cost of living

Attributing a cause to growing labor shortages, Giglio offered that fewer young people are staying put. 

“It seems as though the kids that are getting out of college are finding different states to live in and different states where they can get meaningful jobs,” she said. “The high cost of living in New York and the jobs that are available are not able to sustain life here in New York, especially on Long Island.”

Wages

While the high standard of living in New York may be one factor contributing to labor shortages on Long Island, stagnating wages present yet another barrier.

The founder of Long Island Temps, Robert Graber, explained the complications of wages and inflation. 

“Wages have gone up, but inflation is outpacing the wage increase,” he said. “That makes it harder to recruit and fill positions.”

Migrant labor

Since spring 2022, a wave of migrants have entered New York state, the majority arriving in New York City. When asked if this migrant surge could help resolve the labor shortages islandwide, Giglio expressed some doubts. 

“I’ve been talking to a lot of business owners and organizations that have been trying to help migrants that are coming into the city, and some even making their way out to Long Island,” the assemblywoman said. “Some of their biggest problems are that they don’t have any documents, identification from their countries, nor do they have a passport, and they don’t have a birth certificate.” 

Giglio added that this lack of information could undermine effective integration into the Long Island labor force. “It’s really putting a strain on the government and the workload,” she said.

by -
0 893
Suffolk County District Attorney Ray Tierney. Photo from Tierney's office

Suffolk County District Attorney Raymond A. Tierney in partnership with the New York State Department of Labor and the New York State Insurance Fund announced on March 2 that his office was able to secure multiple agreements as well as convictions from numerous businesses in order to reimburse more than $750,000 in wages and contributions owed to workers and state agencies.

“Suffolk County residents who work hard to earn an honest living deserve to be compensated fairly for their hard work. Several of the businesses we held accountable have either shortchanged their employees’ wages, or found ways to circumvent the system and line their own pockets with money while emptying the pockets of the same people who contribute to their businesses’ success,” said District Attorney Tierney. “My office will continue to fight against the fraudulent and illegal practices of corporations when they fail to pay employees for their honest labor and will also strive to recover any funds unlawfully obtained by companies defrauding workers. I thank our Wage Theft Prevention Task Force partners for helping us get these workers what was owed to them.”

“Any employer who steals from their workers will be prosecuted to the fullest extent of the law in New York State,” said New York State Department of Labor Commissioner Roberta Reardon. “I thank Suffolk County District Attorney Tierney for being a steadfast ally in our fight against wage theft and for ensuring justice for the victims.”

This past year, the Suffolk County District Attorney’s office worked with their Wage Theft Prevention Task Force partners to return the proper wages owed to hard-working employees. Although the COVID-19 pandemic and the requisite shutdown severely curtailed the Suffolk County District Attorney’s Office’s capabilities to pursue long-term labor related crime operations, its investigative staff was nonetheless able to recover hundreds of thousands of dollars and effectuate numerous arrests. Many of the victimized employees finally saw justice when their cases were resolved in the past year. Some of those cases include:

 JERNAIL SINGH, 64, of Glen Head, owner and principal agent of MH ONE ENTERPRISE, INC., a gas station and convenience store in Brentwood – Between October 2015 to January 2019, the business underpaid 19 employees by compensating them below the statutory minimum wage rate and did not pay their employees overtime wages if they worked in excess of 40 hours a week. Singh routinely made false promises to the employees to pay them properly for the time they worked, and threatened them if they complained to the New York State Department of Labor about the underpayments and the poor working conditions. In addition, Singh bullied one employee by threatening to contact immigration authorities and falsely report him to the police for a crime the employee did not commit. In another instance, after an employee complained to the New York State Department of Labor about his working conditions, Singh retaliated by contacting the employee’s subsequent employers in an attempt to get that employee terminated. Singh was arrested on December 15, 2020. On July 6, 2022, he pleaded guilty to Scheme to Defraud in the Second Degree, a Class A misdemeanor and Prohibited Retaliation, a Class B misdemeanor. As part of his plea agreement, Singh paid nearly $240,000 in restitution to cover the amount he owed to his employees and the New York State Department of Labor. He was sentenced to three years of probationary supervision.

 TRI-STATE CONSTRUCTION OF NEW YORK CORP. of Flushing – Between June 2018 and August 2018, while the company worked on a capital improvement project for the Huntington Union Free School District, it willfully failed to pay its employees the mandated prevailing wages and overtime wages for hours worked in excess of 40 hours per week. The corporation was charged in August 2020 and pleaded guilty on March 28, 2022 to Willful Failure to Pay the Prevailing Wage and Supplements, a Class E felony.  As part of the plea, the company paid back $121,530 in restitution to 14 employees who labored on the school district project.

 ALPHA CARTING & CONTRACTING SERVICES INC. of Bay Shore – Between June 2016 and May 2018, the corporation systematically underpaid four employees by reducing their wages below the statutory prevailing wage rate while they collected solid waste in the Village of Lake Grove. The corporation was charged on May 11, 2021, and pleaded guilty on August 30, 2022 to Scheme to Defraud in the Second Degree, a Class A misdemeanor. As part of the plea, they paid $96,732 to the affected employees and the New York State Department of Labor.

 GOLDSTAR INSTALLATION SERVICES, INC. aka THE FLOOR WORX OF NY, INC. of Selden – From July 2016 to July 2019, while working on public works projects throughout Suffolk County, the company misclassified 12 employees in order to avoid paying them the statutorily mandated prevailing wage rate for public works contracts. On February 27, 2020, Paul Gilistro, 59, the principal agent of the corporation and the corporation itself were charged with criminal complaints. Both the corporation and Gilistro pleaded guilty on April 7, 2022 to Scheme to Defraud in the Second Degree, a Class A misdemeanor. As part of their plea agreement, the defendants paid $40,000 upfront in restitution to the victims and an additional $40,000 to be paid through probation.

 WOODSTOCK CONSTRUCTION GROUP LTD. of Bayville – From November 2016 to May 2017, the company misclassified 19 employees and systematically failed to pay them the statutory prevailing wage rate and overtime wages for the hours worked in excess of 40 hours a week while working on the public works projects. Those projects were the Gilgo Beach Marina Dock Reconstruction Project in the Town of Babylon, the Bayport Beach Breakwater and Reconstruction Project in Town of Islip. On February 27, 2020, the corporation was charged, and on July 13, 2022 pleaded guilty on to Scheme to Defraud in the Second Degree, a Class A misdemeanor, conditioned on the corporation paying back $66,776 to its employees for the underpayment of their wages.

 BOB 1232 JERICHO CORP. aka DHCW Inc., of Huntington, operated DIX HILLS BRUSHLESS CAR WASH – Between 2014 to 2017, the business failed to pay its employees the statutory minimum and overtime wage rates for hours worked. This business additionally submitted a fraudulent New York State Department of Labor NYS-45 form containing false information in order to avoid paying unemployment contributions. After facing criminal charges, the corporation pleaded guilty on March 23, 2022 to Offering a False Instrument for Filing in the Second Degree, a Class A misdemeanor, and was required to recompense $120,000 in restitution to their 11 employees and reimburse the New York State Unemployment Insurance Fund its required contributions.

 APJ RESTORATION, INC. of St. James – Between August 2015 and August 2016, the corporation knowingly underreported their gross sales on documents submitted to the New York State Insurance Fund (NYSIF). On February 27, 2020, the corporation and its principal agent, Alan James, 71, were charged and both later pleaded guilty on April 29, 2022 to Falsifying a Business Record in the Second Degree, a Class A misdemeanor. James is due back in court for sentencing on March 27, 2023. The defendants agreed to pay $32,575.63 owed in workers’ compensation insurance premiums due to the NYSIF.

These matters were investigated by Suffolk County District Attorney Detective Investigators, the New York State Department of Labor, the New York State Insurance Fund and the Suffolk County Police Department.

### Criminal complaints and indictments are merely accusatory instruments. Defendants are presumed innocent until proven guilty. No one is above the law.

by -
0 592
Photo from Pixabay

The New York State Department of Labor (NYSDOL) announced on Jan. 18 that it was awarded a $9.1 million grant from the U.S Department of Labor (USDOL) to promote equitable access to New York’s Unemployment Insurance (UI) program. The equity grant, part of the American Rescue Plan Act, will fund projects designed to break down barriers to UI services. Potential barriers to be addressed specifically include those related to race, ethnicity, language proficiency, literacy, disability status, socioeconomic status, geographic location, or other systemic barriers. The funding will help NYSDOL continue its ongoing effort to make sure all New Yorkers, especially those in underserved communities, are able to tap into critical support and have access to UI benefits.

“I thank the Biden Administration for providing this equity grant to help us ensure that every New Yorker is able to access the services they need during tough economic times,” said New York State Department of Labor Commissioner Roberta Reardon. “This grant will provide critical funding to advance our ongoing efforts to modernize our Unemployment Insurance system and enhance the customer experience to ensure we break down potential barriers to benefits.”

NYSDOL will use the funding to build on its ongoing equity and accessibility projects to make it easier for New Yorkers to discover, learn about, and access UI services. NYSDOL will also review application instructions and simplify language to reduce confusion and prevent improper payments. There will also be a focus on improving access for those who are hearing and visually impaired. NYSDOL continuously strives to be inclusive and accessible for all New Yorkers.

This grant was administered by USDOL’s  Employment and Training Administration and corresponds with USDOL’s August 2021 announcement of the availability of up to $260 million in grants for states to promote equitable access to unemployment insurance benefits. To date, USDOL has announced $166 million in funds awarded to 32 states and the District of Columbia.

For more information, visit USDOL’s Employment and Training Administration webpage.

by -
0 1004
Stock photo

By Nancy Marr

The United States is an outlier in family care policies. It is one of the few wealthy democracies without national provision of paid parental and sick leave. New York has established a better record at protecting working families, from the women’s Equality Agenda to the landmark paid family leave law, to this year’s statewide paid sick time law. During the pandemic, workers who need to care for themselves or a sick loved one have been protected by the family leave and sick time laws. But there is more to be done.

Child care providers across the state have closed, leaving the child care workers without jobs and asking parents to stay home to care for their children. With schools largely virtual, parents have had to use family leave time or leave their jobs to stay home with the children. Women were twice as likely as men to report leaving work due to caregiving duties; a large percentage were low-wage workers, many of whom faced discrimination or might not be eligible for family leave payments. (To be eligible they had to have worked 40 hours a week for at least 26 weeks, or 175 days for the same employer if they were part-time workers.)  

Ending this care crisis is a crucial step toward gender equality and racial justice. Workers who are themselves experiencing COVID-19 deserve the same rights. Under the Disability Benefits Law, employees are eligible for benefits of 50 percent of their average week wage but no more than the maximum benefit of $170 per week for a period of 26 weeks. The benefits cap, raised last in 1989, must be raised. 

The paid family leave act, which will reach full phase-in in 2021, must be updated to remove exceptions and ensure coverage for all private and public sector employees, including part-time domestic workers. Workers who move between jobs or face unemployment should be covered, and we should expand the definition of family to include all those whom workers consider family.  

The New York Human Rights Law should be updated to expand the prohibition on familial status discrimination to encompass all forms of caregiver discrimination. It must ensure that domestic workers, who are predominantly women of color and immigrants, can benefit from all of the law’s protections, and we should fully fund the Division of Human Rights to ensure robust enforcement.

In 2021, the New York State Department of Labor must enact strong regulations for the paid sick time rights. There needs to be outreach and education to ensure all workers know and can use their rights.

New York must also lead the way to insure that workers have meaningful access to alternative work arrangements, including telecommuting and part-time work. Workers, especially in low-wage industries, should know in advance what their schedules will be, and have a say in planning them. Worker-protective legislation on misclassification and fair pay for all New Yorkers is also needed.  

The financing of long-term services and supports for older Americans and people with disabilities has come chiefly from Medicaid and private long-term care insurance, neither of which are available to the average middle class person. 

Direct care services for the elderly or disabled, either in nursing homes or at home, are among the fastest growing jobs in the economy, but, like child care, have low pay and few protections. Women of color are the most likely to be in this cohort, and are the most likely to leave their jobs to perform uncompensated care at home. Home care, whether by an outsider or a family member, should be paid for and protected.

Funding for family leave and disability pay comes from payroll deductions from employees and employer contributions through insurances held by employers. We need to find ways to assist employers of domestic and part-time workers to comply with regulations or seek help from the Department of Labor in order to guarantee the eligibility of their workers for benefits. More information can be found at https://www.abetterbalance.org/.

Contact New York State Governor Cuomo (www.governor.ny.gov), NYS Senate Majority Leader and Temporary President Andrea Stewart-Cousins ([email protected]) and Assembly Speaker Carl Heastie ([email protected]) to let them know you care about worker and family rights.  

Nancy Marr is first vice president of the League of Women Voters of Suffolk County, a nonprofit, nonpartisan organization that encourages the informed and active participation of citizens in government and influences public policy through education and advocacy. For more information, visit www.lwv-suffolkcounty.org or call 631-862-6860.

TBR News Media is your local news and entertainment website.
We provide you with the latest breaking news and information for your community.
Contact us: [email protected]

Most Viewed

©