The Source Episode 8

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Episode Description: Tune in as New York State Senator Brian Benjamin (District 30) joins The Source podcast to discuss actions to support his hard-hit New York City community during the pandemic, the recent protests and plans for recovery. Specifically, Senator Benjamin will review measures he’s taken to improve and repair the financial lives not only of his constituents, but also those of statewide residents as they navigate the economic shutdown.

About Our Speakers

Brian A. Benjamin

Brian A. Benjamin is the Senior Assistant Majority Leader and the New York State Senator for District 30, which encompasses Harlem, East Harlem and the Upper West Side. He was born in Harlem to Caribbean immigrants. He earned his undergraduate degree in Public Policy from Brown University and his MBA from Harvard Business School. Brian returned to Harlem to build affordable housing, creating over a thousand units of environmentally sustainable, affordable housing while helping young people develop work skills.  In 2012, Brian was a delegate for President Obama and a member of his National Finance Committee. Brian has also been heavily involved in the community, serving as the Chair of Community Board 10 up until his election. In the New York State Senate, Brian has distinguished himself as a leader in criminal justice reform and affordable housing, sponsoring bills to close Rikers Island, divest the New York State Public Pension Common Fund from private prisons, and keep rent-controlled apartments affordable.

Michael Baer, Host

Michael Baer is the host and executive producer of The Source podcast. Michael previously oversaw domestic and international payroll news and analysis at Bloomberg Tax, previously BNA. 

In a career spanning three decades, Michael transformed the role of managing editor, becoming an information services leader who managed every aspect of world-class global products and platforms, while continuously increasing revenue and achieving market-best customer satisfaction. He directed a team of editors and writers who were charged with translating complicated tax and labor laws into English so non-lawyers could easily understand and apply them, and was integral in organizing and placing that content on easy-to-access web platforms, resulting in the highest net promoter scores the company had seen for any of their offerings. 

Michael has been a frequent public speaker for conferences and webinars, and now is the host of The Source, sponsored by DailyPay. Michael joined the DailyPay team in 2019.

In this podcast you will learn about…

  • What Senator Benjamin’s office and the New York legislature have initiated to support constituents’ physical and financial health during this crisis
  • How key payroll-related measures introduced can help employers and employees in New York
  • How commerce will work coming out of the forced economic shutdown
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Thanks for tuning in!

Podcast Transcript:

Speaker 1:

Welcome to The Source, the definitive destination for timely and informative regulatory updates and issues in the on-demand pay industry. The Source is brought to you by DailyPay, the industry leading provider of the daily pay benefit and pay experience. This material is for general information only, and the views expressed herein reflect only the views of the participants. This program should be considered marketing material and should not be relied on as legal, tax, accounting, or regulatory advice. Now let’s welcome our host, Michael Baer

Michael Baer:

Hello everyone, and welcome to The Source. The Source is sponsored by DailyPay, and provides insights into active and upcoming legislation impacting the on demand pay industry. With special guests, we help clarify issues surrounding early access to pay and the pay experience. Today, after we dive into some new developments, including the latest Rehire America Index employment statistics for certain sectors of the economy, we have the pleasure of welcoming the honorable New York State Senator Brian Benjamin to The Source. Senator Benjamin and I will be discussing initiatives to support residents and workers in his community and the state as they climb out a quarantine, including measures he’s introduced in the legislature. We will also discuss his take on the shape of the post pandemic workforce, and where and how the government can help oversee the transformation to a new, more inclusive economy.

Michael Baer:

But first, some news. In the past few months, with many people working fewer hours, while we’ve seen an uptick in predatory payday lending as well, the Federal Trade Commission, in late May, announced charges against 11 defendants of all variants of payday lending operations. According to the agency’s news release, the defendants are accused of, “Deceptively overcharging consumers millions of dollars and withdrawing money repeatedly from customers bank accounts without their permission.” A federal court has entered a temporary restraining order, halting the operation and freezing the defendants’ assets at the FTCs request.

Michael Baer:

In the meantime on not such a good note, the administration’s effort to halt the implementation of credit requirements for payday loan operations, which could inhibit them, was formalized earlier this month. This move, coupled with concurrent administration efforts to allow payday lenders the use of backing of national banks to avoid state mandated interest rate limits, that means that payday loans are living another day or another year or so.

Michael Baer:

On a more happy note, there has been, since May, really big gains in hiring back workers across a number of sectors of the economy. According to the Rehire America Index, which is DailyPay’s effort to provide up to date statistics on hiring and hours worked gleaned from DailyPay’s employer partners, during the nine week period from May 11th to July 12th, the healthcare sector, quick service restaurants, supermarkets, caregiver industries, and consumer services all have seen healthy double digit gains in employment. In fact, from May 18th to July 12th, employee counts for consumer services rose 69%.

Michael Baer:

In fact, in three key industries, the increase in hiring has surpassed what their employee counts were from January 1, demonstrating the rise in demand for these frontline services. Those include supermarkets, which are up 63% from January 1, healthcare, which is up 14% from January 1, and caregivers, which are up 9% from January 1. To track the hiring movement across eight different sectors, see dailypay.com/dailypay, all one word, -rehire-america. That’s dailypay.com/dailypay-rehire-america.

Michael Baer:

Now, let me introduce our special guest, New York State Senator Brian Benjamin. Senator Benjamin represents the 30th district, which encompasses Harlem, East Harlem, and the Upper West Side of New York City, and he is New York’s Senate’s senior assistant majority leader. Brian was born in Harlem to Caribbean immigrants, and he earned his undergraduate degree in public policy from Brown University and his MBA from Harvard Business School.

Michael Baer:

Brian returned to Harlem to build affordable housing, creating over a thousand units of environmentally sustainable affordable housing, while helping young people develop work skills. Brian also has been heavily involved in the community, serving as the chair of Community Board 10, up until his election. In the New York State Senate, Brian has distinguished himself as a leader in criminal justice reform and affordable housing, sponsoring bills to close Rikers Island and divest New York State Public Pension Common Fund from private prisons, and keep rent controlled apartments affordable. Senator Benjamin, welcome.

Brian Benjamin:

Thank you, Mike. I mean, you’re the first person to pronounce my title right? Everyone always mixes it up. So that was pretty impressive that you’ve got senior assistant majority leader. That was pretty impressive, I got to give you that.

Michael Baer:

Well, thank you, Senator.

Brian Benjamin:

You’re welcome.

Michael Baer:

Let’s get to it. Senator Benjamin, this has been a tough time. Your community has been hit particularly hard by the coronavirus pandemic, and a lot has happened in just a short amount of time that shook the foundations of our lives and our behaviors. Can you tell us some of the ways you have been supporting the community to get healthy, not just physically, but financially as well?

Brian Benjamin:

Sure. So first of all, thank you for that question. Because one of the things that people have started to think about obviously is New York has been doing much better than some of our neighboring states as it relates to the coronavirus. It’s important to note that just yesterday, I think we had the second highest total of coronavirus cases in the country since this pandemic has started, and it’s really still ravaging this country. Quite frankly, we don’t do the right thing here in New York, we’ll move back in the wrong direction. But coming back to when this thing really first hit us, I’ll be honest, it just … first thing was just trying to figure out what is happening.

Brian Benjamin:

For many people, this idea of social distancing, wearing masks was a big thing. But then when so many people lost their jobs, some of it, because of the fact that the government says your jobs must shut down, right, we closed businesses by force of government, and so, so many people have lost their jobs. That has created not only financial trauma, but then combine that with a lot of the loss of life. There are people who are getting financial trauma and also emotional trauma as they were losing loved ones, etc., And we were trying to figure out what was going on. So really tough situation.

Brian Benjamin:

One of the things that I focused on was making sure a couple of things, one making sure that people were getting fed. So I worked with World Central Kitchen and a number of [inaudible 00:08:16] groups, and working with the mayor’s office, the governor’s office, trying to get people fed. We spent a lot of time talking about getting people tested, right? So now, we have a testing regime in place. Back then and we did it.

Brian Benjamin:

So trying to make sure that my district was well covered because, particularly in the public housing developments that are in my district, they were seeing higher numbers of cases, and some was for obvious reasons. You have a lot of people, densely populated in one elevator buildings, once staircase buildings, 20, 30 stories, and a good number of those folks who were working were essential workers, so they had to come out of their homes. So just when you can tie all those things together, and you had a situation at the time where NYCHA hadn’t gotten up to speed on how to keep the elevators clean … one elevator, keep the elevators clean, keep the stairs clean, keep the common areas clean. People had an adjustment-

Michael Baer:

Training the people to social distance.

Brian Benjamin:

Oh my God, right? So that was a very big, difficult thing. But anyway, we spent some time working on that, trying to get testing sites going, and also started working very hard on unemployment checks. One of the things that our office became was inundated with unemployment checks, but then we also, at the same time we were impacted as well. We then had to figure out how as an office do we work because we’re used to coming into the office. People come in with their complaint, right? So now, we had to create a whole electronic system of how we communicated, but spent a lot of time trying to work with people’s unemployment cases, working with the governor’s office on that front, and working with my colleagues to try to think through bills and ideas that can try to assist people financially.

Brian Benjamin:

Right now, one of the bills that we’re trying to figure out is how do we, in this environment where are our small businesses, particularly those that have storefronts, are just getting ravaged. A lot of our small restaurants, they have rent prices that aren’t in line with how much revenue they’re making, right? I got some of my barbershops, all of them are struggling. So one of things we’re trying to do is say, “Well, listen, you know what, maybe we can give some of these bars and restaurants, just in this time, the ability to be able to do more off sale of alcohol efforts, right?? Obviously trying to be mindful, because I’m sure, it’s just a local place, but trying to generate that commerce. Because if the everyday person and the everyday business can pay their rent, so if the commercial business could pay their rent, if the residential tenants can pay their rent, that helps the system going up.

Brian Benjamin:

So that helps us with our property taxes, our sales tax, etc., so that’s one thing. Another thing we’ve been focusing on the residential side is trying to work with the federal government to get some kind of tenant based relief. COBIT tenant based relief from the federal government, almost similar to a section eight, kind of a program. The House has been interested in it, but the Senate and the President have not. Given some of the numbers that have occurred across the country in some of our more Republican led states, I think there might be a different … There might be a re-imagining of how we think about COVID. So hopefully, that will lead to some compromise as to the best way of getting money to people on the ground. But we’ve got to help the people at the bottom of the food chain because that’s what keeps the whole system working.

Michael Baer:

I think you’re talking about some sort of a bridge, like when you’re saying section eight, that was some kind of-

Brian Benjamin:

Oh, absolutely.

Michael Baer:

… subsidy. So being a bridge for now to end up paying the landlords, but at the same time, keeping people [crosstalk 00:12:04].

Brian Benjamin:

Yeah. Just to be very clear, I’m talking specifically about a COVID emergency based voucher that can help bridge us through this difficult time. Look, we’re going to … We’re already trillions of dollars in debt. I’m never one for saying, let’s go add all trillions more, but particularly in a setting where, to be clear, we, the government shut businesses down, okay. This was not natural course of business. You got a business that didn’t work and then you’re shut down because you just can’t do it. We said for a health emergency, everyone’s got to stay home. It is incumbent upon us to try to be thoughtful about how to bridge people through government enforced shutdowns and-

Michael Baer:

Incumbent upon you to do so.

Brian Benjamin:

I think so.

Michael Baer:

Okay. Well, thank you for that. Let’s switch a little bit here. Let’s touch upon some social issues, which I know you’re passionate about. You’ve been quite active in speaking out against injustice. You recently introduced a bill that would add false reporting of a crime to be added as a hate crime distinction. Can you share the impetus for that legislation?

Brian Benjamin:

Sure. As some of your viewers might have seen, a number of weeks ago, there was an altercation in Central Park where a woman named Amy Cooper was with her dog. They were in a park, and a gentlemen named Christian Cooper … She happened to be white. He happened to be black. He’s a bird watcher, and one of the rules of that piece of the park is that you keep your dog on a leash, and she did not. So he was asking her to do it and he was taping this interaction. She started to threaten him and say that she was going to call the police on him and have him arrested. Then she called the police and made false claims that you could see from the camera, that he basically was threatening her life and really in a very emotional way that was really troubling.

Brian Benjamin:

So given some of the history with police and African American men in particular, it’s very traumatic when false claims can be made. So I introduced the bill that … Oh, I actually didn’t introduce the bill. This bill was already in the assembly being carried by Senate member Felix Ortiz. So I moved to bring it to the Senate where it would basically say if you falsely report an incident that can be considered a hate crime, which would then just add a charge to your crime. What we ended up doing, because we actually dealt with this two weeks ago, with that, we ended up going with a different version that wouldn’t make it a hate crime, but would allow for civil penalties where … So therefore, under our bill, the Christian Cooper in that case is able to Sue the Amy Cooper in that case, Coopers have no relation, Amy Cooper in that case for making that false report for supporting charge.

Brian Benjamin:

So we did something. I was thinking about something a little more aggressive, because I just really think that it’s very scary when you do those kinds of things, particularly to groups that have been traditionally marginalized and just have dealt with the police in a different way. But I was happy to support my colleague’s bill that turned it into a civil penalty.

Michael Baer:

Yeah. You’ve seen instances of this, or we have, across the country where people who are members of a pool, they call the cops on them thinking that they’re not just because they’re people of color. Those are the things I think is what you’re trying to address here.

Brian Benjamin:

If you know the story of Emmett Till and others where there was this false reporting of incidents that led to [crosstalk 00:15:59]-

Michael Baer:

Oh my goodness. Yes.

Brian Benjamin:

Right. So we have a sad history all along these lines, and so it’s important that we take it seriously and it’s really important. One of the things that I always say, I’m a staunch lifelong Democrat, but you know, she was a liberal Democrat by her own politics, right? So a lot of times, people try to say, “Well, this is a Southern thing. This is a Republican thing.” No, it’s a people thing. I think there are people who are walking around right now with Black Lives Matter signs, but they have their own internal issues they got to deal with. So I think this bill really spoke to some of that, but I’m glad we got something done because it’s important that we have accountability for everyone across the board.

Michael Baer:

Yeah, and I think you hit it on the head. There’s some internal reckoning that is occurring and that we hope continues to occur in people like me, let’s put it that way. So let’s switch things.

Brian Benjamin:

Let me say real quick. Let me say real quick to that. While that is true, there’s also some internal reckoning that needs to occur in people like me, right?

Michael Baer:

Okay.

Brian Benjamin:

I mean, I think we can agree we’ve had gun violence in our community for way too long. I am deeply involved in trying to help keep our streets safe, and there’s just … We just saw that today, a one year old was shot and killed through a stroller at night in a park, and who’s shooting in a park where this stroller is around? So we all have some internal reckoning to do. We all got our own cross that we have to work on, but as long as we do it together, we’ll move our society forward. That’s something that I’m committed to, and I think it’s important that that gets stated.

Michael Baer:

Okay. Well thank you, Senator. Let’s switch again back to the financial area. Recent legislation you have either introduced or are a party to seeks to ease some of the financial pain points that both the health crisis and economic shutdown has wreaked in your district. You might’ve mentioned some of these already, but the city and the state, are there any other initiatives than the ones that you had discussed earlier that would help ease some of these pain points for workers?

Brian Benjamin:

I think extending the deadlines for applications for real property tax abatements is obviously one I’m looking for. We have an emergency rent relief bill that will basically provide $100 million of rental relief to people who were already rent burdened, which is over 30%. You’re paying over 30% of AMI of your income in rent. People have lost some of their income or all of their income. Having some funding to help them pay their bills and move forward in life. Allowing some municipalities to delay some of their property tax. Then last, just things that try to make … understanding of what’s going on here and trying to make things easier. So those are some of my bills and things I’ve been pushing for and working on, because I just think tenants can’t pay their rent, commercial folks can’t pay their rent.

Brian Benjamin:

Some of these small commercial businesses can’t pay the rent. That has implications going up the food chain. So trying to be mindful and thoughtful [inaudible 00:19:32] listed utilities, etc. We got to be thoughtful and it’s a tough time. We’re now looking at a 14, almost a $14 billion state revenue shortfall. It might end up being bigger than that. Who knows? Everyone’s hurting, so we just got to try to get through this. What we cannot do, we’ve turned the corner. We can’t turn back, right? So you’ve got to be very careful. One of the things the governor recently did was he did not allow for the indoor dining to start. That’s been delayed indefinitely. I’m in full agreement on that.

Brian Benjamin:

While I would love to have indoor dining and a lot of indoor activity with people, I think we’ve got to be very careful. There’s issues with the air conditioners. I mean, it’s just too much going on. I’m worried about the kids. So I think that I’d rather be safe than sorry and come out of this slowly, but come out this correctly and where we don’t have to turn back. In some of our southern states, you see that they opened. Now they have to shut back. It’s very traumatizing to your economy and to just the psyche of your citizens. So I think New York is moving on the right direction.

Michael Baer:

Yeah. I’ve been telling my kids, you can’t party like it’s 2019.

Brian Benjamin:

Oh no.

Michael Baer:

But people want that so badly.

Brian Benjamin:

I know. They want to go back to normal and I understand.

Michael Baer:

Right, totally understand, but we can’t do that.

Brian Benjamin:

We have to live.

Michael Baer:

Right. Maybe 2021, we’ll be there. That’s not all you’re doing though. I understand that there are some initiatives that address some key payroll related issues, a particular interest to many of our podcast listeners in the payroll community. I’m talking about the Senate Bill 8386, which would shield employers from additional tax and reporting burdens for employees working remotely. That’s something the payroll community has been hoping for clarity on. Then there’s another bill that’s important, which would put in place governance of on demand pay, both of those very payroll related. Could you tell us about these initiatives and what they would do?

Brian Benjamin:

Sure. So on 8386, one of the things that you don’t think about when emergencies happen is some of the things you take for granted, making sure that there’s some clarity, right? So one of the things that became clear is, as we all know, there are people who work in New York city, but they live in New Jersey. They live out of state. So one of the things that we wanted to make sure that there was clarity around was if you are working for a New York state business, but you are physically out of state because that’s where you live, that that work is effectively considered as if it were being done in the district. I mean, in the jurisdiction, and that has the tax consequences that it does.

Brian Benjamin:

So that’s what that bill does. It basically just authorizes that activity so that there’s clarity to businesses. One of the things that government … I used to be in small business, and one of the things that we always wanted, we just wanted clarity and transparency about what the rules were. So I think this was something, it was confusing. Talked to a number of business leaders, Kathy Wiles, a number of folks who have concerns about it, and was glad to be able to put this bill into action. One of the things on demand pay, because for some people, they view it as payday lending. I know that you probably, and your audience probably deal with having to explain some of this stuff. For me, I definitely wanted to put some structure around this so that the Department of Financial Services will be responsible for that.

Brian Benjamin:

I’m very concerned and want to make sure that people who need cash a little sooner can get it in a cost effective way. One of the things I think that this industry is helping to do is to do that in a way where that people are not having to deal with loan sharks, and not having to put themselves in real harm in order to get money sooner. I think if you’ve earned your check, or you’re going to earn your check and you’re just a week away, but your life has financial needs a little sooner than your check comes, this service, I think is an important one. So this bill basically puts some structure around that on demand pay, and it creates a situation where people in my district and other districts can feel comfortable that … particularly some folks who are underserved in the banking industry, banking community, that they have options.

Brian Benjamin:

So that’s why I’m supporting this bill. I’ve had to talk to some people about it because people who are like, “Wait, what is that? Is that payday lending?” Then are they paying 30, 50% interest rates, etc? So I think that’s something that I think is good. I feel strongly about providing my constituents with options, and the fact that you work with, not you, but the industry works with employers to create a safe way for this to happen is something that I feel comfortable with.

Michael Baer:

Okay. Well, thank you for that. Now last question. So for the time being, we actually have, DailyPay has Rehire America Index. I mentioned earlier in the program that there’s been hiring, a comeback of sorts happening in various sectors, as governments have released restrictions on work activity and businesses start to stage their re-openings. So it’s clear operations will not go back to what they were just a few months ago, say in March. What’s your take on the future of commerce and business?. It’s a loaded question. The workplace in general, as we navigate out of this unprecedented time, what do you see people can expect?

Brian Benjamin:

Well, let me … The first thing that comes to mind is my mother, okay? My mother is someone who hated doing things online. When I say hated, she would refuse under every circumstance to do anything that had to do with putting her personal information into the internet because she doesn’t know where it’s going. So she goes to the store, she will literally go to any store to get whatever she needs because she doesn’t want to have to put herself online. Now that she has been forced for months to either have nothing, no food, or to have some kind of online … Because remember, at first, we couldn’t go to convenience stores. Now all of a sudden, she’s used to that, right? There is a whole generation of people who have now become used to and comfortable with doing things online.

Brian Benjamin:

I think that’s a real problem for a regular commercial retail. I think that as we’ve become more used to not having to, and that’s not just my mom’s generation, that’s coming down the food chain as well, I think that there’s going to be some real issues with what is the purpose of commercial spaces? Another example, my wife now, she primarily is working from home because a lot of what she does doesn’t require her to physically be in office space. But meanwhile, her employer has office space for the employees. How do they [crosstalk 00:27:36] think that?

Brian Benjamin:

Now we’re talking about social distancing. How do you make that happen? I’ll give you a perfect example. I’m chair of the budget and revenue committee. One of the issues we try to deal with is revenue. One of those spaces is casinos, right? We’ve been talking about oh, well, we can sell casino license for X, Y, and Z. Well remember, that was under a certain business model, right? That was under the business model where they can have people sit and line up next to each other on these slot machines. That’s now not looking too possible. That’s now looking like they might have to have, right, and just-

Michael Baer:

They have to space them out, right.

Brian Benjamin:

How are you going to do the blackjack tables? How are you going to do the poker tables? I mean, back in the day in my former life, when I used to spend a little time playing little poker and those things, you’ll be sitting 10 people deep. No one knows anyone. Everyone’s sharing serving etc. So the whole economy now that has to get re-shifted and re-imagined online in some capacity, and it’s tough. I mean, me personally, I mean, I still to sell fundraisers like they were growing on trees. Events, bars, all those things are now happening on Zoom, so that’s a whole industry of activity that’s going. So I’m saying all that to say everyone’s got to figure out how this works.

Brian Benjamin:

I think remote learning is going to be a whole thing. I know some of the folks who do some of the workout stuff, like some of the trainers. They now are doing Zoom trainings with people where you’re in your house. They’re not using Planet Fitness or name the space. So we are going through a major shift. One of my barbers was just telling me … I’m spit balling because I’m just thinking about all the changes. One of my barbers was telling me he has a shop. He has six seats. His guys are no longer coming in because they started cutting hair during the pandemic at home and traveling to their customers. They’re getting a little extra fee. So they’re saying, “Why am I going to come pay you sit in a shop when I can have my own business and then travel around?”

Brian Benjamin:

So everything is being re-imagined and re and redone, except for primarily some of the online business, right, because that’s still what that is, and watching television, right? I mean, I’m still watching television the way I used to. So all the things that requires to really interact are now completely being thrown apart. I think it’s incumbent upon the leaders of those industries to be forward planning. Where’s this going, right? So either A, we’re going to be in this forever, right, some version of this, or B, we’re going to go back to some different normal. Finding that something for normal is going to be a hybrid. So I think people are going to … I think it’s going to be some elements of what we’re doing now will stay with us, period.

Brian Benjamin:

Some businesses, what they’re doing online, it makes more sense. They’ll always do online going forward, but then something’s right. So I think it’s going to be a new world. It’s going to be new world.

Michael Baer:

We’re in the middle of a transformation that we really don’t know. I don’t think what’s going to come out of it in the end, but I think you’ve highlighted several of the issues that are being dealt with now by necessity, so.

Brian Benjamin:

We are becoming less personal, more and more, right? There’s a time where you and I would have been doing this sitting face to face. Now we’re doing it like this. So as we become less personal, the industries that are leading that charge are going to do well.

Michael Baer:

All right. Well, Senator, I thank you so much for your time to come in here and give us some understanding of how you are addressing the concerns of your community and the state, and what you’re thinking about the future. I also want to thank our listeners. Thank you for joining us today at The Source where DailyPay provides information and analysis of developments related to pay experiences. Stay healthy and safe. Keep an eye on your emails as we will have another compelling issue along with updates very soon. Thank you again.

Brian Benjamin:

Thank you.

Speaker 1:

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