The New York City Comptroller’s Office reached a $2.73 million settlement with Winston Support Services LLC over allegations the staffing provider misclassified 332 temporary office workers placed at New York hospitals and medical centers.
The affected workers performed clerical work such as maintaining medical and payroll records, making patient appointments and providing transcription under a temporary services contract between Winston and NYC Health + Hospitals Corp.
According to the comptroller’s office, Winston misclassified the temporary workers as lower-paid positions despite performing duties corresponding to higher-paying titles under the comptroller’s wage schedule, leading to many workers losing out on significant wages, with one worker due nearly $100,000 during the period.
“For nearly 60 years, Winston Staffing has provided comprehensive staffing solutions for hundreds of clients in the New York and New Jersey region, and as a family-run business, we take pride in caring for our employees and providing all of the tools they need to succeed,” Tony Sclafani, a representative for Winston Staffing, told SIA in an emailed statement. “Once this unintentional oversight was brought to our attention six years ago, we took immediate corrective action and worked closely with city officials to find an appropriate remedy that would satisfy all parties. We acted in good faith every step of the way, and we have implemented new internal procedures to prevent any future issues. There is nothing more important than the relationships we maintain with our employees and clients, and we are fully compliant with all of our obligations to them.”
This settlement covers temporary office workers hired by Winston between April 2015 and June 2018 at various healthcare facilities including Harlem Hospital, Jacobi Medical Center, Bellevue Hospital, Lincoln Hospital and Elmhurst Hospital.
The settlement comprises back wages, civil penalties and interest.
“Winston misclassified hundreds of temporary office workers, resulting in millions of dollars in underpayments,” Comptroller Brad Lander said in an April 23 press release. “Winston neglected to perform the necessary due diligence and oversight, and as a result, many workers missed out on thousands of dollars.”
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 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.