November 3, 2023

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General Election 2023 

Election Day is Tuesday, November 7, 2023.

Polls are open from 6 am to 9 pm

NYS Board of Elections Poll Site Finder

 

Early Voting Available November 4 – November 5, 2023.

(Early voting poll may be different from General Election site.  The Poll Site Finder will provide both sites.)


In the News-New York State

NYS AG James Secures $328 Million from Uber and Lyft 

New York Attorney General Letitia James this week announced two settlements totaling       $328 million with rideshare companies Uber and Lyft for withholding pay from drivers and preventing them from receiving benefits available under New York labor laws. 

The settlements will return $328 million in back pay to drivers and institute a minimum driver “earnings floor,” paid sick leave, and proper hiring and earnings notices.  Uber will pay $290 million and Lyft will pay $38 million into two separate settlement funds which will be entirely distributed to current and former drivers.

According to the Attorney General, from 2014 to 2017, Uber deducted sales taxes and Black Car Fund fees from drivers’ payments when those taxes and fees should have been paid by passengers. Uber misrepresented the deductions made to drivers’ pay in their terms of service, telling drivers that Uber would only deduct its commission from the drivers’ fare, and that drivers were “entitled to charge [the passenger] for any tolls, taxes or fees incurred,” though no method to do this was ever provided via the Uber Driver app.   Lyft employed a similar method from 2015 to 2017, deducting a 11.4 percent “administrative charge” from drivers’ payments in New York equal to the amount of sales tax and Black Car Fund fees.  Uber and Lyft also failed to provide drivers with paid sick leave.  

Under the settlement, in addition to the driver back pay, Uber and Lyft have agreed to:

  • “Earnings Floor”:  Drivers outside of New York City will receive a minimum of $26 per hour, adjusted annually for inflation.   Drivers operating in New York City already receive minimum driver pay under regulations established by the Taxi & Limousine Commission (TLC) in 2019.
  • Paid sick leave:  Drivers will earn one hour of sick pay for every 30 hours worked, up to a maximum of 56 hours per year. Drivers completing rides outside of New York City will be paid a minimum of $26 per hour for sick leave, adjusted annually for inflation. To reflect the New York City minimum driver pay rules that already include an amount for paid time off, drivers completing trips covered by the TLC minimum driver pay rules will be compensated at $17 per hour for sick leave, adjusted annually for inflation. 
  • Hiring notices and earnings statements:   Uber and Lyft will provider drivers with hiring notices that accurately explain the earnings to which drivers are entitled for their work, and the earnings statements will accurately detail the compensation earned for each pay period. The companies will also notify drivers after each ride of the amount paid by the rider.

AG James estimated that more than 100,000 drivers throughout New York stand to receive settlement funds and the benefits.

NYS Labor Department Reaches “Unprecedented” Settlement Agreement with Uber

Governor Kathy Hochul announced an “unprecedented” settlement agreement between the New York State Department of Labor and Uber Technologies Inc., which resolves both past and future unemployment insurance contributions on behalf of Uber and Uber Eats drivers and couriers. 

Uber will begin making quarterly payments into the New York State Unemployment Insurance Trust Fund and make a retroactive payment to the UI Trust Fund for payments owed since 2013. New York is the first state in the country with which Uber has agreed to a settlement that addresses both past and future unemployment insurance liability.

“Protecting workers is a top priority and Uber drivers and couriers are entitled to unemployment benefits when eligible, which is why we fought for this settlement,” New York State Department of Labor Commissioner Roberta Reardon said.   “I applaud Uber for working with us to ensure their drivers are protected while also doing their part to safeguard New York’s Unemployment Insurance Trust Fund.”

Employers pay into the State’s UI Trust Fund on a quarterly basis, which funds the benefits paid to unemployed workers. Governor Hochul explained that NYSDOL maintains that Uber drivers and couriers are employees for purposes of unemployment insurance; and Uber maintains that they are independent contractors. Regardless of the characterization of employment status, NYSDOL and Uber agree that drivers and couriers eligible for unemployment benefits should receive them, and Uber should contribute to the State’s UI Trust Fund on their behalf.

 “Because of forward-thinking leadership in New York State, Uber has partnered with the NYSDOL on a first-in-the-nation agreement that will ensure drivers continue to enjoy the independence and flexibility they value, while having access to important protections,” Uber Technologies, Inc. Senior Vice President & Chief Legal Officer Tony West said.

According to the Governor, additional details, including the total dollar amount of the settlement, cannot be publicly disclosed due to federal and state laws and regulations that limit disclosure of confidential unemployment insurance data, including details about an employer’s unemployment insurance account.

In the News-New York City    

Adams Administration Launches “Whole-of-Government” Campaign To Extend Lifespan of All New Yorkers

New York City Mayor Eric Adams and New York City Health Commissioner Dr. Ashwin Vasan this week unveiled “HealthyNYC,” a plan to extend the average life expectancy of New Yorkers to 83 years by 2030, with gains across racial and ethnic groups. The campaign sets targets to address the greatest drivers of premature death, including chronic and diet-related diseases, screenable cancers, overdose, suicide, maternal mortality, violence, and COVID-19. 

“‘HealthyNYC’ is a game changer because in the wake of COVID-19, and while facing parallel and growing health crises, we know that, as a city and a nation, people are getting sicker and dying sooner than they should,” said DOHMH Commissioner Dr. Vasan. “Losing years of life and of good health is a unifying challenge and getting them back is a top priority for New York City, as well as a north star for the future of public health. This announcement sets the coordinates for our collective mission to lead longer, healthier lives…The road we travel here in New York City will provide guideposts for our nation and its people, who should expect to live long and live well, for themselves and for generations to follow.”

While COVID-19 was the biggest driver of the decrease in life expectancy in 2020, other causes contributed to the decline in life expectancy.  Overdose deaths increased in 2020 and 2021 and other drivers of decreasing lifespans included gun violence and chronic diseases, like diabetes. 

To address this trend, “HealthyNYC” outlines the following goals:

  • Reduce cardiovascular disease and diabetes by 5 percent by 2030.
  • Reduce screenable cancers — including lung, breast, colon, cervical, and prostate cancers — by 20 percent by 2030.
  • Reduce overdose deaths by 25 percent by 2030.
  • Reduce suicide deaths by 10 percent by 2030.
  • Reduce homicide deaths by 30 percent by 2030.
  • Reduce pregnancy-associated mortality among Black women by 10 percent by 2030.
  • Reduce annual COVID-19 deaths by 60 percent by 2030.

According to the Mayor, if these goals are reached, the city can bring life expectancy above 83 years by 2030 and reduce existing racial disparities in life expectancy. It will employ a number of strategies to achieve these reductions in deaths, including:

  • Increasing access to naloxone, proven harm-reduction, and treatment and recovery centers to reduce overdose deaths.
  • Expanding access to culturally responsive mental health care and social support services and addressing the impact of social media on youth mental health and suicidal ideation to reduce suicide deaths.
  • Increasing new families’ access to quality health care and social support to reduce pregnancy-associated mortality among Black women.
  • Increasing access to healthy foods and promoting plant-forward diets to reduce chronic and diet-related disease deaths.     

Bills Approved by the City Council

Introduction 569-B, sponsored by Council Member Shahana Hanif, requires the Department of Consumer and Worker Protection (DCWP), in coordination with the Mayor’s Office of Immigrant Affairs (MOIA), the New York City Commission on Human Rights, and community and labor organizations, to create and publish a workers’ bill of rights which would contain information on the rights and protections under federal, state, and local laws that apply to all workers in the City, regardless of immigration status.

Introduction 687-B, sponsored by Majority Leader Keith Powers, requires chain restaurants with 15 or more locations to post added sugar icons and factual warning statements on menus items that exceed a specified level of added sugars as determined by the U.S. Food & Drug Administration (FDA) or another amount specified by the Department of Health and Mental Hygiene (DOHMH). 

Introduction 816, sponsored by Council Member Lincoln Restler, adds the Jewish holiday of Tisha B’av to the list of holidays during which alternate side parking rules are suspended. 

Introduction 845-A, sponsored by Council Member Julie Menin, reduces penalties, allows opportunities to cure for certain violations, and eliminates certain requirements for commercial establishments. 

Introduction 968-Asponsored by Council Member Mercedes Narcisse, requires the Department of Health and Mental Hygiene, in consultation with New York City Health and Hospitals, to create guidance to educate medical professionals and the public on the detection of the sickle cell trait through pre- and post-conception genetic screening and on the management and treatment of sickle cell disease.

Introduction 1083-A, sponsored by Council Member Julie Menin, authorizes the Mayor to establish the Office of Nightlife (ONL) within the Department of Small Business Services (SBS). Currently, ONL is housed in the Office of Media and Entertainment (MOME). ONL and SBS have previously collaborated to support small businesses in the nightlife sector. 

Introduction 1191, sponsored by Majority Whip Selvena N. Brooks-Powersrestores taxicab licenses to their original 2-year duration.

Introduction 1192, sponsored by Majority Whip Selvena N. Brooks-Powers, authorizes physician assistants and nurse practitioners to conduct medical exams and grant medical approval of taxi drivers license applicants.   Currently, local law requires taxi drivers to submit to a physical examination by a pre-approved physician.

Briefs

New York Launches New Commission on the Future of Health Care

Governor Kathy Hochul announced the establishment of a New York State Commission on the Future of Health Care, a commitment made in her 2023 State of the State address. Building on           $20 billion multi-year investments made under the Hochul administration, the 13-member advisory body will work to build evidence-based and strategic recommendations for the state’s health care system to ensure it can best serve the needs of New Yorkers.

The Commission will provide ongoing strategic recommendations to transform the health care system in New York State, with a goal of ensuring that the limited resources of the State and other health care payers are optimized to enable the delivery of accessible, equitable, high-quality care for all New Yorkers, through a resilient health care ecosystem and a strong health care workforce. It will be tasked with identifying strategies to ensure the long-term resilience of New York’s health care system.

Mayor Adams, Comptroller Lander Bring Transparency and Accountability Into Capital Process With City’s First Comprehensive Capital Projects Tracker

New York City Mayor Eric Adams and New York City Comptroller Brad Lander yesterday announced the launch of a new capital projects tracker, detailing all projects from major capital agencies.

The capital projects tracker — mandated by Local Law 37, and which was sponsored by then-New York City Councilmember Lander — provides a detailed view into the city’s construction projects, spanning nfrastructure such as bridges, sewers, sanitation, and parks. The tracker merges schedule information from agency project management systems with budget information in the city’s Financial Management System. The tracker includes the total cost, current phase, and projected completion date projects, as well as additional details for all construction. In providing greater public insight into the status of capital projects, the tracker will help improve the overall capital process, which hinges on the availability of high-quality data throughout the project lifecycle.  

Adams Administration Celebrates City Council’s Passage of Zoning Reform for South Richmond, Staten Island

New York City Mayor Eric Adams and New York City Department of City Planning (DCP) Director Dan Garodnick celebrated the New York City Council’s approval of Mayor Adams’ “South Richmond Zoning Relief” plan.  The plan aims to simplify zoning and planning procedures for homeowners, enhance the preservation of natural features, and strengthen community oversight of sensitive sites within the Special South Richmond Development District.

The Administration asserts the South Richmond Zoning Relief will: 

  • Create homeowner-friendly zoning changes that simplify the approval process and remove red tape for small properties and individual homeowners on sites under one acre.
  • Improve regulations to give the City Planning Commission and community boards greater oversight on larger sensitive sites over one acre that have a significant impact on Staten Island residents and the public realm.
  • Apply the latest environmental preservation best practices to zoning regulations, which will make zoning application decisions more predictable.

This initiative was crafted in collaboration with Staten Island Borough President Vito Fossella, Jr., City Council Minority Leader Joseph C. Borelli, Staten Island Community Board 3, the Building Industry Association of New York City, and the Staten Island Chapter of the American Institute of Architects, according to the Mayor.

NYC Department of Small Business Services Adopts Regulations to Extend Employment Practice Certificates of Compliance to Three Years

Regulation was Recommended by Adams Administration’s Capital Process Reform Task Force 

Recognizing the Adams’ Administration effort to streamline City capital project delivery, the NYC Department of Small Business Services has adopted regulatory changes to extend the validity of contractor employer practice certificates of compliance from one to three years.

Under the City’s program for the promotion of equal employment opportunity, contractors doing business with the City must submit an Employment Report outlining the contractor’s employment practices.  After review of an Employment Report and any other required documentation, the Division of Labor Services issues a certificate of compliance to contractors found in compliance with equal employment opportunity requirements.  This certification will now be valid for three years.

According to the regulation Notice of Adoption, this change will remove unnecessary burdens on contractors and shorten the approval process for covered contracts. 

Specifics of this rule amendment include:

  • Extend the time, from 12 months to 36 months, that a valid certificate of compliance for a covered supply and service contract may be used to exempt the contractor from the requirement to submit an Employment Report.
  • Authorize the Division to hold a pre-award conference for construction contracts when the Division deems necessary, rather than for any such contract with a value in excess of $1,000,000. 
  • Allow the Division to provide a notice to a contractor that it has failed to file or complete an Employment Report or has filed an Employment Report with substantial misrepresentations by email.

Mayor Adams Appoints Louis Molina as Assistant Deputy Mayor for Public Safety

New York City Mayor Eric Adams this week appointed Louis A. Molina as Assistant Deputy Mayor for Public Safety. Molina currently serves as the Commissioner of the New York City Department of Correction (NYC DOC). 

He became Commissioner of the NYC DOC on January 1, 2022.  Prior to joining the Adams administration, Commissioner Molina served as Chief for the City of Las Vegas’ Department of Public Safety.   In 2018, Commissioner Molina served as the First Deputy Commissioner for the Westchester County Department of Correction. From 2016 to 2017, he served as Chief Internal Monitor and Acting Assistant Commissioner of the Nunez Compliance unit at NYC DOC.

Commissioner Molina started his career in law enforcement as a police officer in the New York City Police Department (NYPD) and rose to the rank of detective.

New York to Receive $3.4 Billion Federal Infrastructure Grant for Second Avenue Subway Extension 

The Biden Administration is set to award a $3.4 billion grant to New York to extend the Second Avenue Subway up to 125th Street, according to Senate Majority Leader Charles Schumer and 

U.S. Rep. Adriano Espaillat.

The Federal Transit Administration (FTA) grant, funded by the 2021 federal infrastructure bill, is the largest in the history of the FTA’s Capital Investment Grant program.

Construction on the $7.7 billion Phase 2 project is set to begin by the end of this year and is projected to be completed in 7 to 8 years.

“This grant is significant not only in its size, but also in where it’s going,” Senator Schumer said in a statement. “The funds will be used to build public transit in a neighborhood that has been neglected for far too long.”

Phase 1 of the Second Avenue Subway opened in 2017, extending the Q train up to 96th Street on the Upper East Side.

Coming Up

New York State

Tuesday, November 7th

New York State General Election

New York State Board of Elections

Poll Site Look Up

New York City

 

Monday, November 6th

Committee on Cultural Affairs, Libraries, and International Intergroup Relations, Committee Room – City Hall, 10 a.m.

Oversight – An Update on the Percent for Art Program.


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