No indictment in Eric Garner police killing
Reports indicate that a grand jury has decided not to indict NYPD Officer Daniel Pantaleo in the death of Eric Garner,...
Reports indicate that a grand jury has decided not to indict NYPD Officer Daniel Pantaleo in the death of Eric Garner, an unarmed Black man. Garner died in July in Staten Island of neck compression, combined with asphyxia as a result of a chokehold applied while police officers were arresting him for the suspected sale of untaxed cigarettes. The incident was captured on cellphone video by Ramsey Orta who was a bystander. Garner had broken up a fight when officers attempted to arrest him. Pantaleo put Garner on the ground by the use of force, which included the use of a headlock resulting in Garner’s death. The city’s medical examiner later ruled the death a homicide. The NYPD is banned from using chokeholds, however, chokeholds are not illegal.
At a press conference Wednesday night, the Rev. Al Sharpton and Garner's family spoke about the grand jury's decision. Sharpton announced plans for a national march in Washington, D.C. on December 13 to urge the U.S. Department of Justice to investigate the string of recent police killings of unarmed Blacks.
"We are dealing with a national crisis," he said. "We are not advocating violence, we are asking that police violence stop. Now you have a man chocked to death on videotape and says 11 times 'I can't breathe.'" Garner's wife, Esaw, said she did not accept the apology give by Pantaleo on Wednesday after the grand jury didn't indict him. She said she plans to move forward to get justice for her late husband.
"I'm determined to get justice for my husband," she said. "He should be here celebrating Christmas and Thanksgiving and he can't. My husband's death will not be in vain. As long as I have breath in my body I will fight the fight."
Several Black and Latino congressional members, including Gregory Meeks and Yvette Clark, held a press conference in Washington, D.C. after the grand jury's decision was announced. The legislatures called for the Justice Department to step into the case. The U.S. Department of Justice is going to investigate Garner's death, according to reports. U.S. Attorney General Eric Holder announced that a federal civil rights investigation would be opened in the case.
Mayor Bill de Blasio, Public Advocate Leticia James and several city council members held a press conference in Staten Island on Wednesday to address the issue. De Blasio said that frustration over the grand jury's decision is understandable. "It's a very emotional day for our city. It's a very painful day for so many New Yorkers," he said. "We're grieving – again – over the loss of Eric Garner, who was a father, a husband, a good man – who should be with us."
The decision in the Garner killing by a grand jury comes just over a week after a grand jury in Ferguson, Mo. decided to not indict Officer Darren Wilson for the shooting death of Michael Brown. Peaceful demonstrations along with rioting followed the announcement of that decision. Police Commissioner Bill Bratton met with several elected officials in Staten Island before the decision was announced anticipating the reaction to the decision. Demonstrations were being announced via social media on Wednesday and took place Times Square, Grand Central and Union Square. A gathering was also planned for the nationally televised Rockefeller Center Christmas tree lighting set to take place in the evening.
Several groups including Communities United for Police Reform Justice Committee, Make the Road NY, VOCAL-NY, Center for Popular Democracy, Color of Change, Million Hoodies and Freedom Side announced they are organizing demonstration.
Source: Amsterdam News
Democrats to introduce bills to challenge arbitration system
By Nick Niedzwiadek ALBANY — Democratic lawmakers are expected to introduce a pair of bills to counter how corporations...
By Nick Niedzwiadek
ALBANY — Democratic lawmakers are expected to introduce a pair of bills to counter how corporations use binding arbitration to limit their financial exposure in legal disputes.
Consumer advocates say corporations are increasingly requiring potential employees and consumers to agree to binding arbitration in the event of a dispute as a precondition for employment or use of a product. They say that such proceedings lack transparency, put people on an uneven playing field against well-heeled corporations and can leave people with little other legal recourse.
Assemblywoman Latoya Joyner of the Bronx and Sen. Brad Hoylman of Manhattan are expected to introduce a bill that would amend state labor law to allow employees or organized labor organizations the power to bring legal proceedings against an employer for potential violations as a stand-in for the Department of Labor — independent of any private employment agreement. The state would recover a portion of the fines assessed as part of such proceedings.
Senator Jose Serrano of the Bronx and Assemblyman Brian Kavanagh of Manhattan would establish a similar process for private citizens to seek civil penalties on behalf of the state for violations of consumer protection statutes if the applicable public agency fails to pursue them due to a lack of resources.
“Too often large companies take advantage of consumers by forcing them into signing 'take-it-or-leave-it' contracts that include hidden clauses requiring forced arbitration that heavily favor businesses,” Serrano said in a statement. “My legislation will create a level playing field and give the power back to the consumers in New York State by allowing them an opportunity to fight back when they are victims of fraud."
Several of the legislators are expected to announce the legislation at a protest in Manhattan on Thursday along with New York City Comptroller Scott Stringer and Public Advocate Tish James, according to organizers. Joining them will be a number of progressive groups, including the Center for Popular Democracy, Citizen Action, Make the Road New York and New York Communities for Change. The event will coincide with the release of a report called: “Justice for Sale: How Corporations Use Forced Arbitration Agreements to Exploit Working Families.”
"Legal rights are worthless if there's no remedy when laws are broken,” Kate Hamaji, a research analyst at the Center for Popular Democracy who authored the report, said in a statement. “Forced arbitration essentially allows corporations to opt out of the justice system by creating a private parallel system that makes it prohibitively expensive to seek justice and creates incentives for arbitrators to rule in favor of companies."
The report can be found here.
Report Documents $100 Million in Charter School Fraud in 14 States and D.C.
Education Week - May 7, 2014, by Katie Ash - An examination of charter schools in 15 charter markets across the...
The report appears to be one of the first shots fired from Integrity in Education, a newly formed nonprofit that aims to expose corporate interests in public education, and is headed up by Sabrina Stevens, a former teacher and American Federation of Teachers staffer. The organization is decidedly anti-charter, likening school choice to "a euphemism for school closures" on its website.
The report gathered court cases, media investigations, regulatory findings, audits, and other sources from Arizona, California, Colorado, the District of Columbia, Florida, Illinois, Louisiana, Minnesota, New Jersey, New York, Ohio, Pennsylvania., Texas, and Wisconsin to examine the trends in charter school fraud, waste, and mismanagement.
It found that there were six main categories of fraud, waste, and abuse:
Charter operators using public funds for their personal gain.School revenue being used to support other charter operators' businesses.
Charter school mismanagement that fails to create a safe environment for students, such as not providing background checks on staff or not properly supervising students.
Charters requesting public funds for services they do not provide.
Charters inflating their enrollment numbers to boost revenues.
Charter operators mismanaging funds and schools.
After examination, the report found that the most prevalent form of fraud in charters was the first category—charter operators' using public funds for personal use.
The report provided several recommendations to help prevent fraud, waste, and abuse from occurring. States should establish an adequately funded office solely dedicated to charter school oversight that has the authority to investigate fraud, waste, and misconduct, the report said. All charters should be independently audited each year, and the schools should be held to the same transparency requirements as regular public schools, the report recommended.
In addition, the charter school's application, contract, financial information, board members and affiliations, vendor contracts over $25,000, and board-meeting minutes should be made available publicly online, said the report. In addition, relatives of charter school operators should not be allowed to serve on the board, while parents, teachers, and students (in the case of high schools) should be provided representation there, the report recommended.
The report's appendix includes an extensive list of the different charter fraud, waste, and misconduct cases broken down by state with links to media reports about each one.
Source
For Many Americans, the Great Recession Never Ended. Is the Fed About to Make It Worse?
When the Federal Reserve considers raising interest rates on July 28—and then again every six weeks after—MyAsia Reid,...
When the Federal Reserve considers raising interest rates on July 28—and then again every six weeks after—MyAsia Reid, of Philadelphia, will be paying close attention. Despite holding a bachelor’s degree in computer science, completing a series of related internships, and presenting original research across the country, Reid could not find a job in her field and, instead, pieces together a nine-hour-per-week tutoring job and a 20-hour-per-week cosmetology gig. The 25-year-old knows that an interest-rate hike will hurt her chances of finding the kinds of jobs for which she has trained, and earning the wage increase she so desperately needs.
A Fed decision to raise interest rates, expected sometime this year, amounts to a vote of confidence in the economy—a declaration that we have achieved the robust recovery we need. “We are close to where we want to be, and we now think that the economy cannot only tolerate but needs higher interest rates,” the chairwoman of the Federal Reserve, Janet Yellen, told Congress during a July 15 policy briefing.
But for many millions of Americans, the recovery has yet to arrive, and for them, a rate hike will be disastrous. It will put the brakes on an economy still trudging toward stability; stall progress on unemployment, especially for African-Americans; and slow wage growth even more for the vast majority of American workers.
The general argument for raising interest rates is that it will prevent wage costs from pushing up inflation. However, there is no data suggesting price instability; nor is there any indication that wages have risen enough to spur such inflation. For the overwhelming majority of American workers, wages have stagnated or even dropped over the past 35 years, even as CEOs have seen their compensation grow 937 percent. During the same period, wage gaps between white workers and workers of color have increased, and black unemployment is at the level of white unemployment at the height of the Great Recession. Meanwhile, the labor-force participation rate is less than 63 percent, the lowest in nearly four decades, suggesting that many Americans have simply given up looking for work.
Yellen has herself often urged the Fed to look at the broadest possible employment picture. Yet, during her recent congressional testimony, shedownplayed the Fed’s ability to address racial disparities, saying that the central bank does not “have the tools to be able to address the structure of unemployment across groups” and that “there isn’t anything directly that the Federal Reserve can do” about it. She cited, rightly, a range of other factors, including disparate educational attainment and skill levels, that contribute to economic and social disparities between racial groups. But she also glossed over the importance of the economic environment in shaping workers’ unequal chances.
One defining metric in shaping workers’ chances is the unemployment rate. A high unemployment rate facilitates racial discrimination. When there are too many qualified job candidates for every job, employers can arbitrarily limit their labor pool based on unnecessary educational requirements, irrelevant credit or background checks, or straightforward bias. A tight labor market, by contrast, makes it much harder for employers to succumb to prejudices and overlook qualified workers simply because of bias. When the number of job seekers matches the number of job vacancies, African-Americans, Latinos, women, gays and lesbians, injured veterans, and formerly incarcerated workers finally get their due in the workforce.
The late 1990s, when unemployment was at about 4 percent, bear out this thesis. During that rosier era, black unemployment was 7.6 percent, and the ratio of black family income to white family income rose substantially.
As the guardian of monetary policy, the Federal Reserve has a number of tools for encouraging a tight labor market, and one of those tools is to keep interest rates low. By keeping rates low, the Fed creates a hospitable environment for job growth by lowering the borrowing costs for consumer and business spending—including hiring new workers. By contrast, raising rates deliberately suppresses spending by consumers and businesses. In the process, it slows job growth, holds down wages, and unnecessarily maintains racial disparities.
With so many workers still struggling, there is no need to cut off this recovery prematurely. Inflation remains below the Fed’s already-low 2 percent target, unemployment and underemployment are too high, and wage growth and labor-force participation are too low. In fact, the Fed should be doing everything within its power to keep nudging the recovery forward for the workers still caught in the slipstream of the Great Recession.
The Federal Reserve should not raise interest rates this week, nor when it meets again six weeks after that. It should not raise rates at all in 2015. Doing so would cause tremendous harm to the aspirations and lives of tens of millions of working families, and would disproportionately hurt African-Americans.
MyAsia Reid knows the difference that a full-employment economy can make. She is ready to participate in the economic recovery. And she will be watching as the Fed decides whether to hold to a strategy of strengthening the recovery or pursue a new strategy that jeopardizes her chances and her community.
Source: The Nation
The Minimum Wage Needs An Upgrade
Seventy-eight years ago today, the Fair Labor Standards Act made a groundbreaking promise to Americans: the promise of...
Seventy-eight years ago today, the Fair Labor Standards Act made a groundbreaking promise to Americans: the promise of a fair minimum wage for an honest day’s work.
That promise, however, has eroded badly over time. In recent decades, the federal benchmark has grown increasingly obsolete, guaranteeing a bare minimum that is nowhere near enough to keep up with the growing costs of rent, food, and other essentials.
As calls for higher wages grow louder nationwide, it is imperative that federal officials take action to raise the federal minimum wage and renew the promise to American workers made nearly a century ago.
If the federal rate had merely kept up with inflation since its peak in the late 1960s, it would be nearly $11, one-and-a-half times today’s rate of $7.25. That rate has stayed stagnant since Congress last raised it in 2009. It is a remarkable number of years to go without an increase in wages, and workers have suffered for it.
In the absence of Congressional movement, states and cities have increasingly moved to give workers the raises they need. Yet entrenched forces at the federal level continue to stonewall, putting forth arguments that grow increasingly irrelevant by the day.
Many, for example, raise the specter of job losses. Yet cities that have raised their minimum wage in the past two years, from Los Angeles to Seattle to Chicago, simply have not seen the kinds of cataclysm that many warned about.
In fact, in Seattle, dozens of new restaurants have opened since higher wages kicked in – including many run by one of the fiercest critics of the increase. By the end of 2015, new permits for restaurants, coffee shops, and other food service establishments were on track to keep pace with or even surpass those issued in years past.
Another myth: higher wages would lead to higher prices - a bigger bill for a Big Mac, a pricier trip to Target. Yet here too, the apocalyptic predictions that precede wage increases fail to come true. In Seattle, the costs of groceries, gas, and retail have stayed stable over the past year - even though businesses warned they would need to hike prices if wages were to rise.
In recent weeks, some fast-food chains have made headlines by declaring they would replace employees with automated kiosks. Looking at the bigger picture, though, the overall risks of automation are low. Research just last year found that, while minimum wage increases can reduce some routinized jobs like cashiers, they also swell the number of more complex jobs like food preparation, resulting in an overall zero-sum change.
The fact is, raising the minimum wage gives local economies a boost by putting more money in the pockets of consumers. Higher wages also let businesses hold on to workers and improve customer satisfaction, all of which improve employers’ bottom line.
That’s why the majority of businesses actually support a higher minimum wage, despite the noise coming from groups like the Chamber of Commerce and the National Restaurant Association. A leaked memo earlier this year showed that 80 percent of business executives around the country support higher wages and paid sick days - and that they are coached to oppose those policies in public.
While powerful interests keep trying to muddle the debate, it’s clear that even a growing economy is simply not reaching millions of hardworking Americans. And it’s not just fast-food workers. A variety of workers receive less than $15: teachers, paramedics, home health-care workers, and many others. A recent study showed that even many manufacturing jobs – the foundation of the middle-class – pay less than $15, forcing the government to cover the gap with public assistance programs like food stamps and Medicaid.
As minimum wages affect more and more workers, it is no wonder that more Americans are starting to get on board. This year, dozens of cities and states – including some that lean deeply Republican – are considering increases. Colorado, Maine, Arizona and Washington State are all running ballot measures that would raise wages for close to two million workers in those states alone.
Rather than focusing on a fantasy Armageddon that never comes, lawmakers in Congress would do well to embrace the need for better pay. In the meantime, states and cities will continue the fight to fulfill the pledge that the FLSA made so many years ago.
By JoEllen Chernow
Source
Lael Brainard, a Fed governor in the political glare
In the middle of meetings of the world’s central banking elite in Wyoming’s Jackson Lake Lodge in August 2015, Lael...
In the middle of meetings of the world’s central banking elite in Wyoming’s Jackson Lake Lodge in August 2015, Lael Brainard sat down with activists who were denouncing calls for tighter monetary policy amid America’s sluggish wage growth.
As the Federal Reserve Board member listened intently over the course of about an hour, protesters from New York ranging from fast-food employees to a worker on film sets talked about the difficulties of making ends meet on rock-bottom wages in a high-cost metropolis, recalls Shawn Sebastian, field director of the Fed Up coalition that arranged the meeting.
Ms Brainard’s decision to drop by carried a message. A fairly new member of the Board of Governors who had said relatively little about monetary policy, Ms Brainard was about to set out her stall as a vocal advocate of low interest rates at the Fed — based in part on the absence of wage growth.
Her steadfast calls for continued economic stimulus have burnished her credentials among pro-worker groups including Fed Up, which met a broader range of Fed officials at this year’s Jackson Hole gathering. They come amid speculation that she could be in line for a cabinet role if the Democrats hold the White House in November.
“When it comes to monetary policy, Lael Brainard is one of the strongest and loudest voices advocating for policies that working families across the US need,” says Mr Sebastian.
In Washington, Ms Brainard is being spoken of as one of the candidates for Treasury secretary in a Hillary Clinton administration — a move that would make her the first woman to head the department. At the same time she has become the target of Republican attacks because of her public support for the Clinton campaign and fury within the party over easy-money policies.
Early this year Ms Brainard donated $2,700 to the Clinton campaign, a decision described by former officials as a blunder for a sitting Fed governor during an election year — even if it is permissible under Fed rules. It increased the Fed’s political vulnerability at a time when it is a prime target for vituperative assaults on its independence by Donald Trump, the Republican presidential candidate.
The donation was the subject of sharp exchanges in Congress last month as Fed chair Janet Yellen was forced to reject claims by Republican representative Scott Garrett that the central bank is excessively cosy with the Democrats.
There are people who blather on and she is not one of them
Jared Bernstein, a former economic adviser to Joe Biden
Ted Truman, a former Fed official who is a non-resident senior fellow at the Peterson Institute for International Economics, says Ms Brainard’s donation was a personal mistake that “didn’t help the Fed at all”. He also argues that the issue pales in comparison with politically charged episodes in the past, such as the Nixon years when the Fed was leaned on heavily to keep rates low.
Ms Brainard’s forceful drive for easy monetary policy began two months after the 2015 Jackson Hole meetings, when she delivered a blunt speech that left some with the impression that she was at loggerheads with Ms Yellen. Ms Brainard warned against prematurely lifting rates amid slack in the labour market and subdued inflation — even as the chair was steering markets to expect a move by the end of the year.
Ms Brainard did not go on to formally dissent when Ms Yellen presided over a rate increase that December. Since then the two policymakers have appeared more closely aligned, with both recently arguing that the US recovery has further room to run before the central bank needs to increase rates again.
Ms Brainard has urged caution in part because of the risk that overseas shocks ricochet back to the US via highly integrated financial markets. This global focus builds on her work as the US’s top financial diplomat under former Treasury secretary Tim Geithner between 2010 and 2013, where in the gruelling post of undersecretary for international affairs she was a key US figure in discussions over the euro area debt crisis, as well as the broader global fallout from the financial crash.
Fed should not rush to raise rates, says Brainard
Already low expectations of a September increase fall further after policymaker’s cautious comments
One official who spoke with her regularly was George Papaconstantinou, Greece’s finance minister from 2009 to 2011. He recalls hearing from Ms Brainard two or three times a week during the febrile days of early 2010, as Europe dragged its feet over how to handle the Greek crisis and the US pushed for action. The calls were partly “therapy” for him and partly information-gathering by Ms Brainard so she had “a better sense of how close we were to the edge”. He says: “She clearly knew her stuff.”
Ms Brainard, who declined to comment for this article, developed her interest for global affairs in part on the back of her upbringing as a diplomat’s daughter, spending some of her childhood behind the iron curtain in Poland and East Germany. A former MIT economics professor, she has three children and is married to Kurt Campbell, a former top state department official.
A reserved individual, Ms Brainard left the Treasury with a mixed reputation among officials, some of whom found her unsupportive and distant. Others, including Jared Bernstein, a former economic adviser to vice-president Joe Biden, praise her straight-talking manner and clarity of thought. “There are people who blather on and she is not one of them,” he says.
When Washington observers size up potential Treasury secretaries, Ms Brainard’s name comes up alongside Gary Gensler, the former head of the Commodity Futures Trading Commission, and Sheryl Sandberg, chief operating officer of Facebook.
What gives Ms Brainard’s claim potency is not only her international and domestic economic experience, but also the helpful absence of a stint on Wall Street in her curriculum vitae. For many Democrats, her very public campaign for low rates has only strengthened her qualifications for the post.
By Lael Brainard
Source
NYC, LA y Chicago Quieren Aumentar el Múmero de Ciudadanos
El Diario - September 17, 2014 - “Grandes ciudadanos para grandes ciudades”. El alcalde Bill de Blasio se unió a sus...
El Diario - September 17, 2014 - “Grandes ciudadanos para grandes ciudades”. El alcalde Bill de Blasio se unió a sus colegas Rahm Emanuel de Chicago y Eric Garcetti de Los Angeles para anunciar la iniciativa Cities for Citizenship-C4C (Ciudades por la ciudadanía) la cual busca incrementar el número de residentes permanentes que pueden obtener el pasaporte azul.
“Este es un esfuerzo ganador por donde se le mire y ayudará a crear más ciudades incluyentes que eleven a todo el mundo. Se incrementará la actividad económica y la base tributaria”, dijo el Alcalde neoyorquino en un comunicado de prensa, en el cual indicó que aspiran a animar a otras ciudades a invertir en este programas.
Ciudades por la Ciudadanía permitirá aumentar los programas para convertir en ciudadanos a los inmigrantes que son residentes permanentes, con asesoría legal y microcréditos para ayudar a pagar su costo, que actualmente asciende a $680 por persona.
La iniciativa C4C se basa en la promesa de De Blasio de reducir la inequidad. Los beneficios de conseguir la ciudadanía van desde mejora de ingresos, poder adquirir viviendas, hasta lograr una mayor participación política.
“La iniciativa es un gran triunfo para familias inmigrantes. Facilitar el paso a la ciudadanía robustecerá la economía desde abajo”, dijo Andrew Friedman, co-director del Center for Popular Democracy, una de las organizaciones coordinadoras junto al National Partnership for New Americans. Citi Community Development to contribuirá con $1.15 millones.
Un estudio divulgado hoy por el Centro para la Democracia Popular (CPD), que será uno de los coordinadores de la iniciativa, estima que actualmente hay 8.8 millones de residentes permanentes en EEUU en condiciones de convertirse en ciudadanos, y de ellos el 52 % tiene bajos ingresos que dificultan el pago de las tasas que cobra inmigración.
“Esta es una herramientas para luchar contra la pobreza”, dijo Nisha Agarwal, Comisionada de Asuntos para Inmigrantes de NYC. “Ayudará a miles que no han dado el paso por el precio y el temor a un proceso legal complicado.”
El programa NYCitizenship trabajará con agencias de la Ciudad con asistencia para llenar los formularios y reducir los costos del proceso, según los casos. También habrá ayuda legal. Los programas se promoverán en las bibliotecas públicas.
La Oficina de Asuntos para Inmigrantes de NY comisionará un estudio sobre el impacto económico de los programas de ciudadanía a lo largo del país. Intentará demostrar la importancia de las inversiones en la ciudadanía y el impacto de conectar inmigrantes con ayuda legal.
Beneficios de la ciudadanía:
Facilitará el acceso a mejores trabajos con un aumento de hasta el 11 % en los ingresos personales.
En general se estima que en los próximos diez años la economía de Chicago recibiría $1,600 millones producidos por los nuevos ciudadanos, en Los Ángeles serían $2,800 millones y $4,100 millones en Nueva York.
redundará además en un aumento de la base de votantes y de contribuyentes.
Cifras del Departamento de Seguridad Nacional indican que el año pasado hubo 779,929 naturalizaciones, casi un 3 % más que en 2012.
El área metropolitana de Nueva York registró un aumento de casi un 37 % en 2013 comparado con 2011, mientras que en el área de Los Ángeles el aumento fue del 12 %.
Sin embargo, en la región metropolitana que incluye a Chicago la cantidad de nuevos ciudadanos se ha mantenido estancada.
Source
COMPTROLLER STRINGER DEBARS CONTRACTOR THAT CHEATED IMMIGRANT WORKERS OUT OF $1.7 MILLION IN PREVAILING WAGES AND BENEFITS
COMPTROLLER STRINGER DEBARS CONTRACTOR THAT CHEATED IMMIGRANT WORKERS OUT OF $1.7 MILLION IN PREVAILING WAGES AND BENEFITS
(New York, NY) – New York City Comptroller Scott M. Stringer today assessed $3.2 million in fines against K.S....
(New York, NY) – New York City Comptroller Scott M. Stringer today assessed $3.2 million in fines against K.S. Contracting Corporation and its owner, Paresh Shah, for cheating dozens of workers out of the prevailing wages and benefits they were owed under the New York State Labor Law. In addition to being assessed $3.2 million in unpaid wages, interest, and civil penalties, K.S Contracting and Mr. Shah will be barred from working on New York City and State contracts for five years.
K.S. Contracting was named as one of the worst wage theft violators in New York in a report by the Center for Popular Democracy in 2015.
“With President Trump taking clear aim at immigrants across the country, we need to stand up and protect the foreign-born New Yorkers who keep our City running. Every New Yorker has rights, and my office won’t back down in defending them,” New York City Comptroller Scott M. Stringer said. “Contractors might think they can take advantage of immigrants, but today we’re sending a strong message: my office will fight for every worker in New York City. This is about basic fairness and accountability.”
K.S. Contracting was awarded more than $21 million in contracts by the City Departments of Design and Construction, Parks and Recreation, and Sanitation between 2007 and 2010. Projects included the Morrisania Health Center in the Bronx, the 122 Community Center in Manhattan, the Barbara S. Kleinman Men’s Residence in Brooklyn, the North Infirmary Command Building on Rikers Island, Bronx River Park, the District 15 Sanitation Garage in Brooklyn, and various City sidewalks in Queens.
The Comptroller’s Office began investigating the company after an employee filed a complaint with the office in May 2010. The multi-year investigation used subpoenas, video evidence, union records, and City agency data to uncover a kickback scheme that preyed on immigrant workers.
After a four-day administrative trial in May 2016, the Comptroller found that K.S. Contracting routinely issued paychecks to just half of its workforce and then required those employees to cash the checks and surrender the money to company supervisors. Those supervisors would then redistribute the cash to all of the employees on a jobsite, paying them at rates significantly below prevailing wages. K.S. Contracting, however, falsely reported to City agencies that all employees on the jobsite who received checks were paid the prevailing wage.
Between August 2008 and November 2011, the company cheated at least 36 workers out of $1.7 million in wages and benefits on seven New York City public works projects. K.S. Contracting reported that it paid its workers combined wage and benefit rates starting at $50 per hour but actually paid daily cash salaries starting at $90 per day. The majority of the workers impacted were immigrants of Latino, South Asian, or West Indian descent.
The New York City Comptroller’s office enforces state and local laws which require private contractors working on New York City public works projects or those with service contracts with City agencies to pay no less than the prevailing wage or living wage rate to their employees.
When workers are underpaid, the New York City Comptroller’s office works to recoup the amount of the underpayment plus interest.
Since taking office in 2014, Comptroller Scott M. Stringer’s Bureau of Labor Law has assessed over $20 million and barred 40 contractors from state and City contracts due to prevailing wage violations, both record amounts. The assessed violation number includes underpayment of wages and benefits with interest payable to workers, and civil penalties payable to the City treasury.
“We applaud the Comptroller for standing up for the rights of immigrant workers and debarring bad actors like K.S. Contracting – a company identified by the Center for Popular Democracy as one of the worst violators of wage theft laws in New York. The Comptroller’s aggressive enforcement of prevailing wage law is a perfect example of what is needed to effectively combat wage theft throughout the city and state,” said Kate Hamaji, Center for Popular Democracy.
“We commend Comptroller Stringer for defending the rights of immigrant workers and ensure that they receive the wages and benefits that they deserve,” said Steven Choi, executive director of the New York Immigration Coalition. “In a time when immigrant communities are worried for their future in this country, it is essential that we have strong city advocates who will ensure that their rights are protected.”
“At a time when exploitative employers are feeling increasingly emboldened by Trump’s hateful rhetoric, it is imperative that our City’s leaders are taking a strong stance in defense of immigrant workers. Wage theft is a persistent and pervasive problem in New York, with employers like Paresh Shah cheating their immigrant workers out of millions of dollars in lawful wages and benefits each year. We commend the Comptroller for fighting to recuperate wages for the workers at KS Contracting and for showing employers like Paresh Shah that their behavior will not be tolerated by the City of New York,” said Deborah Axt, Executive Director, Make the Road New York.
“I want to thank New York City Comptroller Scott Stringer for taking the lead in fighting wage theft. Unfortunately wage theft is a crime that is running rampart throughout the construction industry. Hard working men and women, who expect nothing more than a fair day’s pay for a fair’s day’s work are constantly seeing their hard earned wages stolen by dishonest, criminal employers. By debarring KS Contracting for five years, Comptroller Stringer and his office have sent a message loud and clear – stealing workers’ wages will not be tolerated in New York.” said Robert Bonanza, Business Manager, Mason Tenders District Council of Greater New York, LiUNA!.
“I would like to thank Comptroller Stringer and his team in the Bureau of Labor Law for bringing justice to the workers at K.S. Contracting. Unfortunately the Comptroller’s task is made more difficult by the fact that many City agencies do not put top priority on monitoring projects for labor violations. Too many employers in New York City exploit minority and immigrant workers. And it’s no secret that many immigrant workers are fearful of retaliation for standing up for their rights, especially in an environment where they are afraid of being deported. This undercuts labor standards for all workers, and safe, educated workers are our City’s most valuable resource. We need more responsible and proactive leaders like Comptroller Stringer to protect that resource,” said Lowell Barton, Vice President/Organizing Director, Laborers Local 1010, LiUNA!.
“In a city where diversity is our greatest strength, we will not let anyone target our immigrant workers for abuse. Undermining labor standards for immigrants it’s an attack on all workers. I commend Comptroller Stringer for standing up for immigrant workers and against wage theft at a time when our immigrant communities are under attack,” said Renata Pumarol, Communications Director, New York Communities for Change.
“We at the Alliance of South Asian American Labor (ASAAL) are extremely conscious of the rights of every human being who lives in this great nation no matter what their immigration status. Many hard working individuals are taken advantage of by unscrupulous employers. We greatly applaud Comptroller Scott Stringer’s aggressive approach to combat wage theft violations and in this way protect the rights of all workers. I applaud his historic record of debarring 40 contractors since taking office and assessing over $20 million in prevailing wage violations, including today’s order against K.S. Contracting,” said Maf Misbah Uddin, ASAAL National President.
By TIP NEWS
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New York City allocates $500K to fight feds on deportation
US News - July 17, 2013, by Steven Nelson - Immigration advocates are thrilled that New York City is footing the bill...
US News - July 17, 2013, by Steven Nelson - Immigration advocates are thrilled that New York City is footing the bill for a pilot program to provide free legal representation to people fighting deportation.
The City Council allocated $500,000 in June for the pilot program, with Speaker Christine Quinn – a candidate for mayor – taking the lead in shepherding the funds into the fiscal year 2014 budget, advocates say.
"There really was no controversy because the statistics bore out the injustice," Angela Fernandez of the Northern Manhattan Coalition for Immigrant Rights told U.S. News.
Non-citizens living in the U.S. without legal permission aren't guaranteed a free lawyer in non-criminal deportation cases.
Immigration law is "as complex as tax law," Fernandez said. She pointed to a research conducted by federal judge Robert Katzmann that found defendants without attorneys prevail less than 10 percent of the time in immigration cases.
"If they have access to a high-quality deportation defense attorney, their chances of prevailing is 67 percent," she said.
The Vera Institute of Justice, a legal advocacy group, will administer the program and approve grants to experienced non-profits whose attorneys specialize in immigration defense.
Fernandez said is costs up to $4,000 to defend a person during the course of immigration proceedings.
"The stakes are pretty high," said Brittny Saunders of the Center for Popular Democracy. "Folks who are detained, in many cases on minor infractions of immigration law, have no right to counsel ... so they're going up against federally trained attorneys."
Fernandez and Saunders agreed that the pilot program - officially called the New York Immigrant Family Unity Project – is the first publicly funded endeavor to defend immigrants against deportation, and they hope it will become permanent.
Quinn's office confirmed to U.S. News that the program was funded in the city's recently approved budget.
The immigration advocates, attorneys and Quinn are scheduled to discuss the program during a Friday event at Yeshiva University's Cardozo School of Law.
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Conservatives May Control State Governments, But Progressives Are Rising
Common Dreams - March 13, 2015, by George Goehl, Ana María Archila, and Fred Azcarate - In November, conservatives...
Common Dreams - March 13, 2015, by George Goehl, Ana María Archila, and Fred Azcarate - In November, conservatives swept not only Congress, but a majority of statehouses. While gridlock in Washington is frustrating, the rightward lurch of statehouses could be devastating. Reveling in their newfound power, state lawmakers and their corporate allies are writing regressive policies that could hurt families by exacerbating inequality, further curtailing an already weakened democracy, and worsening an environmental crisis of global proportions.
From a law that would censor public university professors in Kansas to a governor who prohibits state officials from using the term “climate change” in Florida, ideologues in state capitols are wasting little time when it comes to enacting an extreme agenda. And that’s just the tip of the iceberg. Wisconsin officially enacted right to work legislation on Monday, a policy that’s shown to lower wages and benefits by weakening the power of unions. Missouri, New Mexico, West Virginia, Kentucky, and Illinois are all entertaining various versions of the law. In states like New York and Ohio, legislators are considering severe cuts to public education, while vastly expanding charter schools.
Of course, a look at key 2014 ballot initiatives shows voters held progressive values on issues like the minimum wage, paid sick days, and a millionaires tax. And just 36.4 percent of eligible voters cast their ballots in 2014, meaning that there is surely a silent majority sitting on the sidelines.
The path to policies that put families first is not short, but a bold coalition across the country took an aggressive step forward this week.
On March 11th, under the banner “We Rise,” thousands of people joined more than 28 actions in 16 states to awaken that silent majority and call their legislators to account. A joint project of National People’s Action, Center for Popular Democracy, USAction and other allies across the country, the message of the day was simple: our cities and states belong to us, not big corporations and the wealthy. We can work together and push our legislators to enact an agenda that puts people and the planet before profits. And at each local action, leaders unveiled their proposals for what that agenda would look like in their cities and states.
In Minnesota, grassroots leaders are fighting for a proposal to re-enfranchise over 44,000 formerly incarcerated people. In Nevada, our allies are agitating for a $15 minimum wage. In Illinois, we are organizing for closing corporate tax loopholes and a financial transaction tax (a “LaSalle Street tax”) that would help plug the state’s budget hole. With each of these proposals, we are moving from defense to offense and changing the conversation about race, democracy and our economy.
We’ve seen over and over again in American history, change starts close to home – in our towns, cities and states. On March 11th, we saw a fresh reminder of the power of local change. Our families and communities are defining this new front in American public life, and we will continue rising to challenge corporate power and win the policies that put people and planet first - not last.
If November was a wave election, then this Spring will be a wave of bottom-up people power activism. What starts with defending people and our democracy from an extreme corporate conservative agenda, will pivot to offense as grassroots organizations across the country fight to fundamentally reshape our government and our economy from the bottom up. Expect an unabashedly bold agenda that holds the potential for awakening the progressive majority and ushering in a new era in America, an era where our country works for everyone, not just the wealthy and well connected.
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