Staffing Firm Settles Claims that Workers Were Not Paid Prevailing Wage

The New York City Comptroller’s Office reached a settlement with a staffing firm for prevailing wage violations concerning temporary office workers at hospitals and medical centers.

New York, NY — The New York City Comptroller’s Office reached a monumental settlement with Winston Support Services, LLC (Winston) for prevailing wage violations concerning 332 temporary office workers at hospitals and medical centers contracted by NYC Health + Hospitals Corporation (“H + H”). The settlement payments total $2,730,526.06, inclusive of back wages, civil penalties, and interest.

“Winston misclassified hundreds of temporary office workers, resulting in millions of dollars in underpayments,” said Comptroller Brad Lander. “Winston neglected to perform the necessary due diligence and oversight, and as a result many workers missed out on thousands of dollars. This settlement holds Winston accountable and returns the hard-earned wages rightfully owed to these office workers.”

“This settlement marks a huge win for over 300 workers who missed out on their rightful wages due to misclassification. After a lengthy, multi-year investigation and audit, our office reached a victorious settlement for deserving workers. We will continue to vigorously enforce prevailing wage requirements to protect workers’ rights and hold employers accountable,” said Claudia Henriquez, Director of Workers’ Rights at the Comptroller’s Bureau of Labor Law.

This settlement covers temporary office workers hired by Winston Support Services, LLC between April 2015 and June 2018 at various healthcare facilities, including Harlem Hospital, Jacobi Medical Center, Bellevue Hospital, Lincoln Hospital, and Elmhurst Hospital. The workers performed clerical work such as maintaining medical and payroll records, making appointments for patients, and providing transcription through a temporary services contract between Winston and H + H.

Winston misclassified 332 temporary workers as lower-paid positions despite performing duties that corresponded to higher-paying titles under the Comptroller’s wage schedule. As a result, many workers lost out on significant wages, with one worker shorted nearly $100,000 during this period.

Under the New York Labor Law, the New York City Comptroller sets and enforces prevailing wage and living wage laws for public works projects and certain service contracts in the City of New York. Temporary office workers are covered by prevailing wage under New York City’s Living Wage Law, NYC Administrative Code § 6-109.

This matter was handled by Agency Attorney Emily Chang, under the supervision of Supervising Attorney Amy Luo. The investigation was conducted by Investigator Annabelle Walters, under the supervision of Director of Investigations Francisco Gonzalez. The audit was performed by Auditor Xiaoyue Lin, under the supervision of Director of Audit Stuart Rimmer. The Bureau of Labor Law is overseen by Claudia Henriquez, Director of Workers’ Rights.

If you have worked on a prevailing wage project and believe your employer has violated the law, you can file a complaint with the Comptroller’s Office here.

Source: NYC Comptroller Wins $2.7M+ in Back Wages for Workers Contracted by NYC Health + Hospitals : Office of the New York City Comptroller Brad Lander

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