Cuomo, CSEA Reach Labor Agreement

If Ratified, Pact Would Provide CSEA Protection From Broad Layoffs

Governor Andrew Cuomo has announced that his administration has reached a five-year labor agreement with the Civil Service Employees Association (CSEA). CSEA represents 66,000 New York State employees and is one of the largest public employee unions in the state. Upon ratification, this agreement would provide CSEA protection from broad layoffs.

The agreement includes a freeze on base wages for 3 years and a redesign of the employee health care contribution and benefit system, saving $73 million this fiscal year and $93 million next fiscal year.

If adopted by the state's other collective bargaining units, the agreement will reduce workforce costs by $1.63 billion over the course of the agreement, including $1.27 billion of savings in healthcare costs, and would achieve sufficient savings to avoid the need for broad layoffs arising from the gap in the state operations budget.

Overall, the five-year agreement if adopted statewide would be $3.8 billion less expensive to the state than the previous four-year agreement reached in 2007.

"I applaud CSEA's leadership for their hard work to reach this deal which is a win-win for CSEA members and the State of New York," Governor Cuomo said.

"This tentative contract, if adopted by the other bargaining units, means layoffs needed to achieve needed workforce savings would be avoided. CSEA members are the backbone of state government, responsible for delivering services to 19 million New Yorkers. I commend the union and its leadership for making a significant contribution to help get the state's fiscal house in order and making the shared sacrifices these difficult times require. Working together, we will turn this state around and get our economy moving once again."

CSEA President Danny Donohue stated, "These are not ordinary times and CSEA and the Cuomo Administration have worked very hard at the bargaining table to produce an agreement that balances shared sacrifice with fairness and respect. CSEA stepped up to help produce the Labor savings that Governor Cuomo sought while the Governor responded to CSEA's concerns about job security along with a wage and benefit package that recognizes the pressures on working people. I have known Governor Cuomo for many years and I know that his commitment to organized labor and working families is deeply held and second to no one."

Base Wages: Under the five year agreement, there will be no general salary increase in Fiscal Year 2011-12; 2012-13; 2013-14. Employees will receive a 2 percent increase in 2014-15 and 2015-16.

2011-12	2012-13	2013-14	2014-15	2015-16
0%	0%	0%	2%	2%

Savings: The 2011 wage agreement is $2.5 billion less costly to the state than the 2007 agreement, if adopted through the state workforce.

Health Care System Redesign: The agreement includes a series of reforms in the employee health care system which saves $61 million annually in the CSEA contract and $263 million over the contract term. If adopted by all bargaining units, these reforms would save $1.27 billion. The components of the health system redesign are:

Health Care Contributions: The agreement includes substantial changes to employee health care contributions bringing public employee benefits more in line with the private sector. The contribution for health care benefits have not changed in 30 years, while the cost of the state's health care program has increased 100 percent in the past decade. The agreement reflects a two percent increase in contributions for Grade 9 employees and below, and a six percent increase for Grade 10 employees and above. (Under the agreement, for example, the state will pay 69 percent of family coverage for a Grade 10 employee and above, and the employee will pay 31 percent. The prior split was 75 percent state/25 percent employee. For individual coverage, a Grade 10 employee and above will pay 16 percent and the state share will be 84 percent. The prior split was 10 percent employee/90 percent state).

Savings: The CSEA agreement results in $30 million in annual savings from this provision, and $141.7 million over the contract term. If adopted for the entire workforce, this change will save $165 million per year, and $764 million over the term of the contract.

Health Care Opt Out: For the first time, the state is offering an opt-out option. Health care premiums cost $16,600 for family coverage and $7300 for individual coverage. Employees electing to opt out of the health insurance program must provide proof of alternative coverage and will receive $1000 or $3000 for the cessation of individual or family coverage, respectively. This will save the state thousands of dollars for each employee who opts out.

Savings: The opt-out will save $7.3 million annually and $31 million over the contract term for CSEA alone. The opt-out achieves $21.6 million in annual savings, and $91.8 million over the five year term if adopted statewide.

Health Benefit Redesign: The health benefit plan system of co-pays, deductibles, and programs has been redesigned to encourage healthy choices and control costs of pharmaceutical products. For example, for the first time the plan will cover the use of nurse practitioners and "minute clinics" and encourage employees to use these services when appropriate instead of hospital emergency rooms.

Savings: The CSEA savings for this provision are $22.3 million annually and $95.7 million over the contract term. If adopted by all bargaining units, these changes generate $85.5 million annually when adopted statewide, and $361.4 million over the term of the contract.

Deficit Reduction Leave: Under the agreement, employees will take a five day unpaid deficit reduction leave during fiscal year 2011-12 and four days unpaid leave during fiscal year 2012-13. The value of the days taken not worked will be deducted from employee pay over the remaining pay periods equally during the fiscal year in which they are taken. Employees will be repaid the value of the 4 days from 2012-13 in equal installments starting at the end of the contract term.

Savings: The furloughs will yield $360 million in savings if adopted by all bargaining units.

Performance advances, longevity and retention payments: Performance advances and longevity payments will continue to be in effect. Current employees who remain active through 2013 will earn a onetime retention payment of $775 in 2013 and $225 in 2014 in recognition of working without a wage increase for three years.

Patient Abuse Reforms: Both CSEA and the State agree that the system in place for investigating allegations of abuse of patients at state facilities does not adequately protect our most vulnerable population in state care. While CSEA employees are dedicated caretakers, allegations of abuse must be dealt with thoroughly. Under the agreement, the State and CSEA will take a number of steps to improve the quality of care, including creating a completely new Select Panel on Patient Abuse with A-list arbitrators and creating a table of penalties for increasingly severe acts of misconduct, along with a number of other reforms.

Review of Temporary Employees: The State and CSEA will form a joint committee to review the use of temporary employees and contractors and make recommendations to the Division of Budget and Department of Civil Service.

Layoff Protection: CSEA employees will receive broad layoff protection for fiscal year 2011-12 and 2012-13 arising from the $450 million budget gap. Workforce reductions due to management decisions to close or restructure facilities authorized by legislation, SAGE recommendations or material or unanticipated changes in the State's fiscal circumstances are not covered by this limitation.

The tentative agreement must be ratified by CSEA rank and file members.

Negotiations for the State were led by a special team appointed by the Governor comprising Todd R. Snyder, Senior Managing Director of Rothschild Inc. and Co-Head of Rothschild's Restructuring and Reorganization group; and Joseph M. Bress, former head of the Governor's Office of Employee Relations and former Vice President of Labor Relations at Amtrak, under the direction of Howard Glaser, Director of State Operations.

Image courtesy of csea830.org

Major Rally Scheduled for Yvette Marie Torres

Family, Friends Requesting New Yorkers and National Media Attend

On Saturday, June 25, from 11:30am to 6pm, a rally will be held in the Fordham section of the Bronx at 2396 Valentine Avenue. The location is the site where Yvette Marie Torres was shot on June 12.

Torres, who was recently removed from a medically-induced coma, is still on life support. Doctors at New York Presbyterian/Columbia Hospital will continue to monitor her closely over the next 36 hours to see if there is any response or brain activity.

Family, friends and supporters will be on hand to hand out and post flyers. They will also be in attendance to urge the community to take a stand against gun violence and to ask people to come forward if they have any information that could lead to the capture of the alleged gunman.

"We need as many people as possible, including the national media, in order to completely blanket the area and make the world aware of what happened here," said Nelson Figueroa, who is helping set up the event.

"For those that may not be able to attend, we're asking that they spread the word, please. A teenage girl's life hangs in the balance."

New Warnings for Tobacco Products

Health and Human Services Secretary Kathleen Sebelius and FDA Commissioner Margaret Hamburg announce new graphic warning labels for tobacco products designed to encourage people to quit and young people to not acquire this dangerous habit.

White House Briefs

Politics in Action: H.R. 2021 and H.R. 1249

STATEMENT OF ADMINISTRATION POLICY

H.R. 2021 – Jobs and Energy Permitting Act

(Rep. Gardner, R- CO, and 26 cosponsors)

The Administration is committed to a common sense approach to cut oil imports by a third by 2025, in order to secure America’s energy future and protect consumers. The Administration intends to do this by both producing more oil at home and reducing our dependence on oil by using cleaner, alternative fuels and improving our energy efficiency.

In support of more safe and responsible domestic oil and gas production, the Administration is already taking steps including: expediting the search for resources; leasing new areas both offshore and onshore; providing incentives for the development of existing leases; and issuing permits to drill, consistent with rigorous safety standards and environmental responsibility.

However, the Administration opposes H.R. 2021, because it would curtail the authority of the Environmental Protection Agency (EPA) under the Clean Air Act (CAA) to help ensure that domestic oil production on the Outer Continental Shelf (OCS) proceeds safely, responsibly, and with opportunities for efficient stakeholder input.

H.R. 2021 would limit existing EPA authority to protect human health and the environment. The bill would: (1) preclude EPA from requiring offshore sources to demonstrate compliance with health-based air quality standards anywhere but in a single onshore area; (2) reduce the length of time during which exploration platforms and drill ships are emission sources under the CAA, thereby limiting the time when emissions would be controlled; and (3) make it impossible to use the permitting program to set emission control requirements for service vessels associated with offshore sources. These changes could result in increased air pollution from OCS sources, including nitrogen dioxide, particles, and sulfur dioxide.

H.R. 2021 would increase Federal court litigation and deprive citizens of an important avenue for challenging government action that affects local public health. H.R. 2021 would replace a relatively fast, inexpensive process for citizens to challenge government action with a longer, more expensive review process in the Court of Appeals for the D.C. Circuit.

*******

STATEMENT OF ADMINISTRATION POLICY

H.R. 1249 – America Invents Act

(Rep. Smith, R-Texas, and 5 cosponsors)

The Administration supports House passage of H.R. 1249 as modified by the Manager’s Amendment, but final legislative action must ensure that fee collections fully support the Nation’s patent and trademark system.

The bill’s much-needed reforms to the Nation’s patent system will speed deployment of innovative products to market and promote job creation, economic growth, and U.S. economic competitiveness – all at no cost to American taxpayers.

The bill represents a balanced and well-crafted effort to enhance the services to patent applicants and America’s innovators provided by the United States Patent and Trademark Office (USPTO). It does so by supporting the USPTO’s efforts to improve patent quality and reduce the backlog of patent applications, reducing domestic and global patenting costs for U.S. companies, providing greater certainty with respect to patent rights, and offering effective administrative alternatives to costly and complex litigation.

By adopting a first-inventor-to-file system, the bill simplifies the process of acquiring intellectual property rights. This provision provides greater certainty for innovators, reduces legal costs that often burden small businesses and independent inventors, and makes it easier for innovators to market their inventions in the global marketplace.

This legislation also provides authority for the USPTO to establish and adjust its fees to reflect the actual costs of the services it provides. In addition, the Manager's Amendment provides important authority for a 15 percent surcharge on patent fees and additional fees for "fast-track" patent applications, which will enable the USPTO to reduce the backlog.

Finally, to increase the quality and certainty of patent rights and offer cost-effective, timely alternatives to district court litigation, the Administration also supports provisions in the legislation that would enhance the opportunities for post-grant review of patents by the USPTO.

To carry out the new mandates of the legislation and reduce delays in the patent application process, the USPTO must be able to use all the fees it collects to serve the users who pay those fees. In this light, the Administration is concerned that Section 22 of the Manager's Amendment to H.R. 1249 does not by itself ensure such access.

The Administration looks forward to working with Congress to provide additional direction that makes clear that the USPTO will have timely access to all of the fees collected, subject to the congressional oversight provisions in the bill.

House passage of H.R. 1249 would foster innovation, improve economic competitiveness, and create jobs at no expense to taxpayers – all of which are key Administration goals. The Administration looks forward to working with Congress to finalize this important bipartisan legislation and ensure that the USPTO can effectively accomplish its mission to support America’s innovators.

BREAKING NEWS: Yvette Marie Torres Taken Out of Medically-Induced Coma

Doctors and Family Hopeful "The Brave One" Will Respond

12:35 am - From The G-Man has just been informed that Yvette Marie Torres, the 15-year-old Bronx girl that was shot after confronting two gunmen during the early hours of June 12, is still on life support. However, doctors at New York-Presbyterian/Columbia have removed her from a medically-induced coma.

A close friend of the family, who continues to provided exclusive details to From The G-Man, stated the following.

"She is still on life support. The doctors will wait 48 hours to see if Yvette will respond in some way. They will also be looking to see if there is any brain activity."

From The G-Man will continue to report on new developments as they become available.

White House Briefs

In Memoriam.....Private 1st Class Brian J. Backus

From the Executive Chamber of New York State Governor Andrew Cuomo

Governor Cuomo has directed that flags on state government buildings be flown at half-staff on Thursday, June 23 in honor of a Fort Drum soldier who died of wounds in Afghanistan on June 18.

Private 1^st Class Brian J. Backus died when insurgents attacked his unit with small arms fire in Kandahar province. He was assigned to the 2^nd Battalion, 87^th Infantry Regiment of the 10^th Mountain Division's 3^rd Brigade Combat Team. He was from Saginaw Township, Michigan.

"I join with all New Yorkers in extending our deepest sympathies and condolences to the family, friends, and fellow soldiers of Private 1^st Class Backus," Governor Cuomo said.

"We embrace all of the soldiers stationed at Fort Drum as part of the New York family. We will mourn his passing and honor his contribution to our nation."

From The G-Man would like to take this opportunity to honor Private 1st Class Brian J. Backus, his love of country and his service with the following video tribute. May he rest in peace.

Video uploaded to YouTube by moderatepopulist

Electeds Co-Sponsor Free Tax Lien Help Event

Addabbo, Miller and Crowley Offer Assistance to Area Property Owners

New York State Senator Joseph Addabbo, Jr., is co-sponsoring a free Tax Lien Assistance Outreach Event, along with New York State Assembly Member Mike Miller and New York City Council Member Elizabeth Crowley.

Constituents whose tax liens are on the list to be sold and who are struggling with tax lien issues should come on Wednesday, July 6, to P.S. 91, 68-10 Central Avenue, Glendale (entrance on 68th Place), between 4 – 7 PM.

All are welcome to this free community outreach event. Representatives from New York City Environmental Protection (DEP), New York City Department of Finance (DOF) and New York City Department of Housing and Preservation (HPD) will be there to assist residents.

In order to prevent the sale of a lien in property, the debt must be resolved by August 1, 2011 through one of the following methods: pay your outstanding debt in full; enter into a payment agreement; apply to receive an exemption that will exclude the property from Lien Sale; dispute the charges by filing a formal dispute with DEP or Finance.

In order to prevent the sale of a lien on property, the debt must be resolved by August 1, 2011 through one of the following methods: pay your outstanding debt in full; enter into a payment agreement; apply to receive an exemption that will exclude the property from the Lien Sale; dispute dispute the charges by filing a formal dispute with DEP or Finance.

A representative from the DOF will be available at the July 6 session to meet one-on-one with homeowners with tax liens to help them avoid the Lien Sale by discussing eligibility for exemptions from the sale or ways of resolving them.

A tax lien sale is the transfer of the lien to a single authorized buyer who hires a collection agency. It is not a sale of the property, but if the taxes and/or charges are not paid or resolved, the lien holder can begin a foreclosure proceeding in court.

A tax lien usually involves real estate, although it can also involve other forms of personal property. A lien is placed on the property when the owner fails to pay, or is delinquent in paying certain taxes. Less common are tax liens that involve other fees owed to a government agency. In most situations, however, tax liens are issued because a tax lien servicer is not paid.

Residents of Senator Addabbo’s district who have been sent a legal claim against their property for unpaid taxes, or whose property was on a published lien sale list, are encouraged to attend this outreach session to obtain advice and to take the necessary steps to prevent the sale of their lien. The Finance representative will provide assistance in developing payment agreements, resolving billing disputes and helping complete exemptions applications for those who qualify.

Property owners must bring their water/sewer bills, property taxes and Department of Housing and Preservation loan paperwork. In one-on-one sessions, the City will have representatives on hand to offer customer service and will be able to check your eligibility for billing programs, including their new Water Debt Assistance Program and provide help with setting up payment plans.

The Department of Environmental Protection will provide customer service regarding payment of water and sewer bills, water conservation education and water assistance program; the Department of Finance will cover will cover its exemption programs (if you have a water lien on a property, NYC Finance may be eligible to sell lien to private debt collector); the Department of Housing and Preservation will provide assistance in preventing foreclosures and predatory lending and assist with securing low-interest loans.

When a tax lien does involve real estate and the property does exchange hands, this obligation of repayment is said to "run with the land." That means the new property owner is now responsible for repayment of taxes owed even if the non-payment occurred because of a prior owner. This is one of the reasons a title search and title insurance is so important to new homeowners.

“My office is sending out invitations to this free session in Glendale to those of my constituents whose tax liens are in danger of being sold. I strongly urge them to come to our outreach event in order to obtain the help they need to avoid the sale, which can have serious consequences in the future,” urged Senator Addabbo.

Image courtesy of http://www.realestateclipart.com.

Yvette Marie Torres: The Brave One

"From The G-Man" Requesting J-Lo and Others Offer Reward, As 15-Year-Old Clings to Life

A week ago today, Yvette Marie Torres, a feisty and lovable, 15-year-old student at DeWitt Clinton High School in the Bronx, was shot in the head after a confrontation with two young men. The men were denied access to a party that Torres attended earlier, and they chose to express their displeasure and outrage by firing guns in the air.

Torres approached and berated them for acting in a foolish and reckless manner, which is probably something very few New York city residents would have the courage to do.

At a time when teen flash mobs and gang-related shootings are erupting all over the country, Yvette Marie Torres spoke out for not just the decent and good people of the Bronx, but for every person in the United States concerned about crime and street violence in America.

"She's a fighter and she hasn't given up. She's fighting hard to stay with us," said a close family friend -- who asked that his identity not be disclosed.

Torres has been clinging to life since the early morning hours of June 12. Her battle has intensified, as "The Brave One" -- again, who is only 15 -- is now in a medically-induced coma. I'll say it again. Yvette Marie Torres is now in a medically-induced coma, and that should have every parent that loves their child, and every law-abiding resident in the country, outraged beyond words.

"Her mother has not left her bedside and is not talking to anyone," said the family friend.

"She is still in a state of shock and has prayed non-stop. She cries every day for her daughter, and the parents are angry that no one has been willing to come forward or cooperate with police in the investigation. It makes no sense. Someone saw something, he concluded."

Apparently, the "snitch rule" is in full effect on the streets of the Bronx and other New York City boroughs, and no one is going to understand the real danger associated with this "gangsta" and ghetto-sanctioned rule until their mother, father, two-month-old sister, 10-year-old brother, aunt, uncle or 92-year-old grandmother becomes a victim of senseless violence.

The Brave One's parents need your prayers, but they also need your help. From The G-Man is urging anyone with vital information on the case to contact the 46th Precinct at (718) 220-5211. This news site would also like to enlist the help of Jennifer Lopez and other Bronx-born celebrities by respectfully requesting that they donate reward money toward the capture of the shooter.

Like the family friend indicated, someone saw something. If there's one thing that will force people to ignore the stupid snitch rule and get them talking, it's money!

Finally, From The G-Man is demanding that the national media start reporting on this story, considering the selfless act The Brave One undertook and the price she paid for doing so. The parents don't want to talk to the media or anyone else, which is perfectly understandable. However, that shouldn't prevent news organizations from providing some form of coverage and making the country aware of how a young girl tried to make the world a better place.

You folks never have a problem sticking a camera or microphone in the faces of Kim Kardashian, Paris Hilton, The Situation, Snooki or Justin Bieber when they do things that are completely meaningless to millions in the country. But when a 15-year-old Latina from the Bronx literally takes a stand for what's right -- and for Homeland Security, in a sense -- and ends up on life support, it only gets spot coverage. There is something very, very wrong with that.

I'll say it one more time. Yvette Marie (The Brave One) Torres is now in a medically-induced coma and fighting for her life. The question is......how many are going to come forward, finally, in order to help her and her family?

This commentary is from the heart and......From The G-Man.

Note: Please be advised that donations for a reward offering are not being accepted via the From The G-Man news site. The Paypal donation button at the top of the page is solely for contributions toward the support independent journalism, freedom of speech, and my efforts to manage the site full-time. Thank you.

Weekly Address: Celebrating Fathers

On Father's Day weekend, President Obama reflects on his experience as a parent and discusses the challenges and necessity of being a good father.

In Memoriam.....Marine Corps Sergeant Mark A. Bradley

From the Executive Chamber of New York State Governor Andrew Cuomo

Governor Cuomo has directed that flags on state government buildings be flown at half-staff on Tuesday, June 21 in honor of Marine Corps Sergeant Mark A. Bradley, a Cuba, NY resident who died in Afghanistan on June 16.

Sgt. Bradley died while conducting combat operations in Helmand province. He was assigned to the 3^rd Battalion, 2^nd Marine Regiment of the 2^nd Marine Division of the II Marine Expeditionary Force based at Camp Lejeune, North Carolina.

"On behalf of the people of New York, I want to express my sympathy to the family, friends, and fellow Marines of Sergeant Bradley," Governor Cuomo said.

"As we mourn the loss of this young Marine from Western New York, we honor and remember his service to our nation."

From The G-Man would like to take this opportunity to honor Sergeant Mark A. Bradley, his love of country and his service with the following video tribute. May he rest in peace.

Video uploaded to YouTube by moderatepopulist

President Obama Announces “How to Make Change” Series for Young Americans

The President discusses a new youth series at a meeting with young Americans in the Roosevelt Room.

White House Briefs

Public Safety Broadband Meeting

Vice President Biden speaks about the importance of creating a national public safety broadband network at a meeting with first responders, public safety advocates and Administration officials.

President Obama Addresses Council on Jobs and Competitiveness

The President speaks about the importance of creating new jobs and conditions where businesses can thrive at a meeting of the President's Council on Jobs and Competitiveness in Durham, North Carolina.

White House Congressional Picnic

President Obama welcomes members of Congress to the White House as he and the First Lady host the annual White House Congressional picnic.

Cuomo: 'The Senate's Failure to Act Last Night Was Unacceptable'

New York Governor Issues Statement on Rent Regulations

"Affordable housing is an all too scarce commodity, especially in New York City and the surrounding areas. Our state's rent protection laws are essential and any long term expiration would create a crisis. Last night the State Senate -- both Democrats and Republicans -- failed to continue the laws beyond their expiration.

"We are making progress but the Senate's failure to act last night was unacceptable and a betrayal of the one million tenants living in rent protected apartments. I will not allow the legislature to go out of session and go home until tenants are protected. I am prepared to call special session to keep the legislature in place until there are rent protection laws in place."

'We Are on the Verge of a Pinnacle Moment for This State'

Statement from Governor Cuomo on Passage of Marriage Equality Act by New York State Assembly

"The vote by the State Assembly has moved New York one step closer to making marriage equality a reality. I applaud these legislators' prompt and courageous support on this measure, which will finally allow same-sex couples the freedom to marry and provide them with hundreds of rights that others take for granted. I commend Speaker Sheldon Silver for his leadership and Assemblyman Daniel O'Donnell for his tireless work fighting for equality. We are on the verge of a pinnacle moment for this state."

White House Briefs

New York Rent Regulations Set to Expire!

Statement from Governor Cuomo on Rent Regulations

"Tonight, June 15, 2011, many rent regulation laws in the State of New York are set to expire. More than one million New Yorkers live in units covered by these rent laws. If the laws are not renewed, over the long term, there would be nothing less than a housing crisis in the State. Today's expiration is generating anxiety among affected tenants and their advocates. This is compounded by the fact that the anticipated end of the Legislative session is next week.

"My position has been clear. New York's rent laws must be extended and strengthened.

"However, New Yorkers should know the facts. There would be no short-term emergency. Current rent laws could be continued by short-term 'extender' legislation or even if the laws lapse for a short period of time, which they have in the past, there will not be a significant increase in rent levels or disruption in the availability of affordable housing.

"Make no mistake, to prevent a long term crisis, these laws must be renewed and strengthened.

"There is a full agenda for both the Assembly and Senate to accomplish and the legislative session will not end, either through regular or special session, until the people's business is done."

President Obama Arrives in Puerto Rico

The President speaks about his Administration's commitment to the people of Puerto Rico as he arrives in San Juan.

Cuomo: 'Marriage Equality is a Matter of Fairness and Legal Security for Thousands in This State'

New York Governor Proposes Marriage Equality Act

Governor Cuomo has submitted a program bill to bring marriage equality to New York state. The Marriage Equality Act permits all couples to enter into marriage in New York state, thereby removing the current barrier same-sex couples face in recognizing their relationships, protecting their families and obtaining essential benefits.

Specifically, the Act grants same-sex couples who seek to marry equal status under the law as well as hundreds of rights, benefits and protections that are currently limited to married couples of the opposite sex.

"From the fight for women's suffrage to the struggle for civil rights, New Yorkers have been on the right side of history. But on the issue of marriage equality, our state has fallen behind," Governor Cuomo said.

"For too long, same-sex couples have been denied the freedom to marry, as well as hundreds of rights that other New Yorkers take for granted. Marriage Equality is a matter of fairness and legal security for thousands of families in this state – not of religion or culture. When it comes to fighting for what's right, New Yorkers wrote the book, and Marriage Equality is the next chapter of our civil rights story."

The U.S. Supreme Court has held that the freedom to marry is "one of the vital personal rights essential to the orderly pursuit of happiness by free people." Further, the state assigns hundreds of protections, benefits and mutual responsibilities in a variety of areas to couples who marry, including health care and hospital visitation rights, child custody issues and financial matters.

However, in New York, many individuals who currently seek to exercise the freedom to marry their partners may not do so solely because they are of the same sex.

The Marriage Equality Act would remove these barriers by amending New York's Domestic Relations Law to state that a marriage that is otherwise valid shall be valid regardless of whether the parties to the marriage are of the same or different sex; no government treatment or legal status, effect, right, belief, privilege, protection or responsibility relating to marriage shall differ based on the parties to the marriage being the same sex or a different sex; all relevant gender-specific language set forth in or referenced by New York law shall be construed in a gender-neutral manner; and no application for a marriage license shall be denied on the ground that the parties are of the same or a different sex.

To ensure that the bill does not intrude into matters of religious belief, the Marriage Equality Act affirms that no member of the clergy can be compelled to solemnize any marriage. This bill grants equal access to the government-created legal institution of civil marriage while leaving the religious institution of marriage to its own separate and fully autonomous sphere.

The bill also guarantees that religious institutions and benevolent organizations such as the Knights of Columbus remain free to choose who may use their facilities for marriage ceremonies and celebrations or to whom they provide religious services, consistent with their religious principles.

New York has always been at the forefront in advancing equal rights. In 1983, New York banned discrimination based on sexual orientation in state employment. In 2002, the state extended the same principle to the private sector by enacting the Sexual Orientation Non-Discrimination Act.

That same year, the state recognized same-sex relationships by extending workers' compensation benefits to all those who lost a partner on 9/11. Passage of the Marriage Equality Act represents yet another significant step in granting full and equal rights to all citizens of New York state.

The Marriage Equality Act bill memo is available here. The bill text is available here.

Image courtesy of http://www.publicdomainpictures.net

"Lenny's: The Ultimate Settlement"

Department of Labor Investigation Finds NYC Restaurant Must Pay Workers Over $5 Million in Back Wages

Governor Cuomo today announced that the New York State Department of Labor (DOL) has reached a $5.1 million settlement with New York City-based "Lenny's: The Ultimate Sandwich" (Lenny's) for minimum wage and overtime violations affecting over 800 workers. This settlement is the largest recorded settlement for workers in the DOL's 110-year history.

"It is our duty to protect hard-working New Yorkers and ensure that they receive every dollar that they earn," Governor Cuomo said.

"This settlement – the largest recorded settlement for workers in the history of the Department of Labor – sends a strong message to employers that exploiting employees will not be tolerated in New York State. I thank the Department of Labor for their efforts on behalf of workers across the state."

Lenny's is a New York City-based sandwich chain with several locations. From 2002 to 2008, over 800 employees from eleven locations were cheated out of millions of dollars. The DOL's investigation found that employees were regularly paid less than the minimum wage and were not paid overtime wages.

Employees worked 10 to 12 hours a day, six to seven days a week, at an average weekly salary of $275 per week. As required under the state’s minimum wage and overtime law, however, the workers should have been paid at least $500 per week for the same number of hours worked. In addition, time records kept by the employer were not accurate and wage statements were not provided to workers, as required by law.

As a result of this investigation, the DOL has reached a $5.1 million settlement with Lenny's for wages, damages, and penalties. The DOL has received a $1 million down payment and Lenny's will pay the remaining $4 million in full over the next twenty-four months. Lenny's is paying $100,000 in penalties to the state. Employees will receive the first installment of their unpaid wages beginning in June 2011.

New York State's minimum wage is now $7.25 per hour. Employers are required to pay overtime for weekly hours past 40 at 1.5 times the employee's regular pay rate.

This investigation was conducted by Senior Investigator Cloty Ortiz under the supervision of Supervising Investigator Maritza Lamboy.

Image courtesy of http://www.publicdomainpictures.net

'It's a Win-Win for Small Business Owners and Investors'

Addabbo C0-Sponsors Bill to Help Small Businesses Get Venture Capital Funding

Senator Joseph Addabbo, Jr., (D-Queens) announced that he is a co-sponsor of legislation (S.5587) introduced in the Senate by Senator James Alesi (R-Rochester) that would amend the state’s tax law to authorize the state to license six certified capital companies to raise $150 million in private venture capital from insurance companies in order to assist New York businesses that require funds not available from traditional commercial banks through all stages of development: pre-startup, start-up, expansion, or survival.

In exchange for investing in qualified businesses, the insurance companies would get premium tax credits, with such issuance to be delayed four years. While the economic benefits of the program begin almost immediately, the delayed tax credits would have no fiscal impact to New York State until 2015.

In order to qualify for the tax credits, each certified capital company must satisfy a number of requirements in its investment portfolio, including: Two-thirds of its investment of certified capital must go towards qualified businesses located in undeserved areas; ten percent of its investment must be directed towards qualified seed funds, certified as such by the Superintendent of Financial Services; fifty percent of its investments must go towards businesses focused on emerging technology products and services; and no more than $15 million can be invested towards one individual company.

In addition, a certified capital company under CAPCO-6 would be required to return 15 percent of its net profits on qualified investments to the Department of Financial Services. This legislation also adds to the reporting requirements already present in previous CAPCO programs to ensure compliance with the requirements set forth above.

New York State last renewed its CAPCO program in 2005. The NY CAPCO was created by the Assembly over a decade ago to utilize a premium tax credit incentive to increase investment in venture capital funds focused exclusively on New York businesses.

New York insurance companies can earn tax credits by making investments in small companies that have difficulty accessing traditional funding sources. Since 1998, five CAPCO programs have been certified. Through these five programs, $400 million of private capital has been raised, and the investment from these funds has created or retained over 2,000 jobs and will generate $412 million in tax revenue by 2016.

"It's a win-win for both small business owners and investors. Our current economic climate makes getting risk capital for small businesses extremely challenging. As elected officials, we must make every effort to help our small businesses," said Addabbo.

The bill has been sent for review to the Senate’s Committee on Investigations and Government Operations. After passage and signature by the Governor, the bill would take effect immediately.

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St. Pancras Students Awarded for Creativity

(Back row L-R): Glendale’s St. Pancras School Principal Philip Ciani with Senator Joe Addabbo; (Front row L-R): Students showing their posters and citations are Jade Sibug; Hailey Cruz; Molly Fleming.

Addabbo Presents Citations in Recognition of NYS Senate's Earth Day Poster Contest

In recent weeks, New York State Senator Joseph Addabbo, Jr. visted elementary students around his district to present citations to students who took part in the New York State senate's Earth Day poster contest.

The senate held the contest to honor and celebrate Earth Day for children in Grades K-6, using the theme, “Reduce, Reuse, Recycle.” Students were encouraged not only to be creative in their projects, but also to convey a real commitment to making the environment a better place.

By educating them about the importance of recycling, students will learn to be creative in solving the problem of solid waste. Participating students’ posters will be displayed on Senator Addabbo’s website. All the participating schools were limited to submit three entries per school.

Addabbo also dropped off senate citations to students at St. Margaret’s and Our Lady of Hope in Middle Village; St. Mary Gate of Heaven in Ozone Park; P.S. 97 in Woodhaven; P.S. 58 in Maspeth; and P.S. 64 in Ozone Park.