Excluded Workers Rally, Say They Can’t Access $2.1 Billion Relief Fund

excluded workers, elected officials and immigrant justice supporters outside NYS Department of Labor in White Plains

Many of our readers may not know that New York State passed a $2.1 Billion fund for excluded workers and undocmented residents who have not received any government relief or assistance during the pandemic. On July 30, excluded workers and elected officials—including NY State Senators Mayor and Harckham, and Assemblymember Burdick—rallied outside of the Dept. of Labor’s White Plains office to demand Governor Cuomo and the Dept. of Labor ensure that more of New York’s excluded workers can access much needed relief to ensure their family’s health and recovery.


When the Excluded Workers Fund was passed into law it was meant to provide financial relief to New Yorkers who have suffered income loss during the pandemic and were left out of the various federal relief programs, including unemployment and pandemic benefits.


The workers, who have received no government support during the more than 16 months of the pandemic, allies and electeds were responding to the recently released regulations regarding eligibility from New York State’s Department of Labor. The regulations will block thousands of workers from accessing any kind of relief from the $2.1 Billion fund.
The Fund Excluded Workers Coalition (FEW) and elected officials raised key concerns about the DOL regulations, including

1) a requirement that workers must attest to a 50 percent income loss to qualify—a threshold more restrictive than other government relief programs like unemployment insurance, Pandemic Unemployment Assistance, and stimulus checks;

2) onerous employment documentation requirements that will likely leave workers in the cash economy with less ability to access either benefit tier or with minimal benefits; and

3) an overly narrow set of documents for proving prior employment, identity and residency.
The coalition urged the Cuomo administration to use all the policy tools at its disposal to ensure workers have full access to the fund, especially by expanding the list of qualifying work-related, identity, and residency documents and assigning higher point values to documents workers more readily have.


“I am pleased to stand with workers who were excluded from relief during the most difficult days of the pandemic and continue to struggle.  My colleagues and I worked hard to pass this legislation, and we call on the Department of Labor to work to ensure as many eligible workers receive the benefits to which they are entitled,” said State Senator Shelley Mayer


“I proudly supported the State Senate’s Excluded Workers Fund in the state budget, and now I am adamant that the money be distributed to the workers and their families immediately. It is unconscionable to keep adding requirements and making our essential workers, who braved the pandemic to keep our country moving forward, wait one extra day for the money they deserve. Moreover, this is money that will help landlords, small businesses and local communities get back on track. They should not have to wait a day longer either,” said State Senator Peter Harckham.


“Thank you to the advocates for their tireless work in providing support for the most comprehensive program in the country for workers excluded from other forms of pandemic relief. This program is vital not only for the Excluded Workers themselves but also for the New York State economy. The New York state legislature intended for the program to provide verifiable eligibility but also multiple methods by which eligibility could be established. I’m very concerned that regulations of the department of labor are too restrictive for providing for such eligibility. While it is essential that eligibility be verified, it also is essential that multiple manners of eligibility be available. I am hopeful that the department of labor will act to provide a fair and verifiable program,” said Assemblymember Chris Burdick.


“Let’s give our full support to these workers and their families, who become so important to and deeply imbedded in our local economy and in our communities,” said Westchester County Legislator Damon Maher.


“The point of the long awaited Essential Workers Relief Fund was to provide the workers who had previously been overlooked for Covid Relief with financial support, along the lines of what was provided to other workers in New York State.  So the fact that many of those same essential workers are now ineligible for the relief that they fought for is untenable. These workers put their lives and their families’ lives on the line so the rest of us could stay safely at home. We cannot and will not turn our backs on them now,” said Westchester County Legislator Nancy Barr.


“It’s utterly shameful and immoral that hundreds of thousands of immigrant New Yorkers and essential workers continue to be shut out of all relief — and shut out of the very fund they helped create. At a time when so many families are struggling to pay their bills and feed their families, Governor Cuomo should be prioritizing the health and well-being of every New York family by ensuring all excluded workers have access to the funds they need to get through these difficult times. Our families have waited over a year for help and can’t wait any longer. We urge Governor Cuomo and the Department of Labor to act quickly to rectify this wrong, expand accessibility to the Excluded Worker Fund and get New York back on the road to recovery,” said Vanessa Agudelo, Manager of Member Engagement, Hudson Valley, New York Immigration Coalition and Peekskill Council member.


The DOL’s Excluded Worker Fund eligibility requirements restrict our ability (Day Laborers) to apply for these critical funds. We urge DOL to revisit the eligibility criteria to help reach the essential and excluded workers,”Obreros Unidos de Yonkers Day Laborers.