At a press conference September 2, 2024, New York City Comptroller Brad Lander discussed procedures that now track employer violations.
“When companies steal their workers’ wages, commit unfair labor practices, or put workers’ lives at risk, the public should be able to clearly see it. By launching this dashboard, my office is making it possible to identify bad actors across multiple violations of workplace laws. This tool can serve as a resource for workers, customers, neighbors, and other businesses as they are looking to work with employers who respect workers’ rights,” said Comptroller Brad Lander.
The dashboard developed by Comptroller Lander, tracks labor violations investigated by government agencies and provides detailed information on offenses committed by private sector employers. Covering data from 2020-2023, the dashboard offers a first-of-its-kind comprehensive view of recent labor law enforcement in New York City.
“We applaud NYC Comptroller Brad Lander’s creation of a labor violations tracker,” said Stuart Appelbaum of the Retail, Wholesale, and Department Store Union (RWDSU). “Not only does the data in this tracker finally shine a light on what unions fight against—health and safety violations, wage theft, illegal interference with unionization efforts, discrimination, and more—it provides detailed information compiled in one place. This data will be instrumental in union organizing drives, procurement of public goods, and potential impact litigation. It will also be useful to every day New Yorker’s who can now look up companies that they are interested in working with to see if that employer is fair to their employees before accepting a job offer.”
The following companies earned a place on the 2024 Employer Wall of Shame according to the NYC Comptroller:
- Chipotle Mexican Grill committed the highest number of Unfair Labor Practices (ULPs) in New York City in 2023 with seven violations primarily involving coercion and retaliation against employees attempting to unionize.
- Planned Companies, which provides building services across multiple states, had the highest number of ULPs in New York City in closed cases from 2020 to 2022, with 20 violations related to illegal interference in union organizing and bad faith bargaining.
- Fadmo Home Health Care Services Agency, based in Staten Island, was the largest wage theft offender investigated by the US Department of Labor in New York City in 2023, owing over $1.45 million to 22 workers.
- American Business Institute (ABI), a Queens-based home healthcare agency, was the largest wage theft offender across all New York State Department of Labor cases from 2020 to 2022. ABI owed over $14.3 million to 175 workers for failing to pay minimum wage across three investigations.
- Smile Home Care Agency Inc (Smile Care), a Brooklyn-based home healthcare agency, was the largest wage theft offender investigated by the US Department of Labor in 2023, owing over $427,000 to 246 workers.
- Timeless Roofing, a construction company, received back-to-back willful OSHA violations in 2022 and 2023 for failing to provide fall protection at residential construction sites in Queens.
- Amazon had 153 alleged ULP violations, including the highest number of open and ongoing charges, where unions and workers allege that employers committed ULPs in New York City from 2020 to 2023.
- Panda Express had the largest Fair Work Week and Paid Safe and Sick Leave Law settlement with the Department of Consumer and Worker Protection in 2023, paying $3.45 million in restitution and civil penalties, which impacted over 1,400 workers.
- Uber entered into the largest wage and hour settlement by the New York State Attorney General in 2023, paying $290 million for illegally deducting earnings from drivers by shifting costs of sales taxes and Black Car Fund fees onto them.
- Lyft, like Uber, settled with the New York State Attorney General for $38 million in 2023 for similar wage and hour violations. Lyft illegally deducted earnings from drivers and failed to provide paid sick leave.
- Gucci settled with the New York City Commission on Human Rights for $330,000 in a sexual harassment case in 2023, one of the agency’s largest monetary settlements of the year.
“Far too often unscrupulous employers get away with violating labor laws and the rights of their employees, who are just trying to make ends meet and support their families. Many times, even if they are fined, there is no public notice of these transgressions,” said Gary LaBarbera, President of the Building and Construction Trades Council of Greater New York.
“Hardworking New Yorker’s deserve to know whether their employers or potential employers are committing labor violations so that they can make informed decisions about their careers and be better prepared to advocate for themselves in the workplace. This is why we applaud Comptroller Lander for establishing this labor violations tracker, as it will not only bring more accountability for companies engaging in these activities, but also discourage employers from violating these laws to begin with. Every New Yorker deserves to work in a safe and compliant environment that not only adheres to the law, but also pays fair wages and treats the workforce with dignity and respect.”
