Attachment 6 EDNY Hodge v Cuomo 21-cv-01421 Complaint

Case 1:21-cv-01421-NGG Case MDL No. 3011 Document 1 25-6 Filed 03/17/21 Filed 06/24/21 Page 20 Page of 154 20 of PageID 154 #: 276
and provide upgraded health care building construction and renovations, with isolation
wards and socially distanced floorplans. The problem is that they panicked.
30. Boost in staff training, added isolation units and development of a drill toolkit to shore
up infectious-disease defenses were supposed to be instituted at hospitals and nursing
homes. We are now experiencing the consequence of not been prepared, facing a period
of reckoning, spanning the myriad ramifications of the pandemic that has now
fundamentally changed all aspects of life in New York.
31. Training as detailed in the Alternative Employment Practice would have included crosstraining
and mentoring workers to improve emergency staffing levels and boosting
hospital and nursing home capacity during crisis. Long-standing efforts by many
hospitals and nursing homes to address racial and ethnic disparities in Americans' health
did not receive attention now apparent from COVID-19's disproportionate impact on
people of color, including the employee Class Plaintiff
32. Pre-Covid-19 pandemic understaffing issues at many nursing homes statewide helped
fuel the spread of coronavirus among the most vulnerable frail and elderly New Yorkers,
the state Attorney General’s recent report referenced herein, found, and advocates and
lawmakers have since pushed legislation seeking to increase staffing and make other
reforms.
33. Building a skilled workforce pipeline is critical to success, to identify and invest in
workforce development that target youth and teens for soft-skills development career
exploration and exposure, and paid on-the-job work experiences including internships,
first jobs, and pre-apprenticeships, and then for the partnership under the National
Apprenticeship Act, to prepare for the jobs of today and tomorrow is what is needed.
34. The Percy Class has been chronically damaged long-term in lost wages, lost opportunity
compensation, these damages also affecting members of the Percy Classes’ children and
families, significantly disadvantaged in education and skills, struggling to get a job, not
able to compete for jobs and employment based on skills.
35. And most important to the well-being of the Class, this action seeks to prohibit
Government Agencies and State Officers from interfering with the Alternative
Employment Practice identified herein at ALTERNATIVE EMPLOYMENT PRACTICE
paragraphs 22 of this Complaint:
The Percy Program, referenced herein (Document #6, Attachment 21 in EDNY Case No.
21-cv-01366): as The Percy Program), benefiting the Percy Class by instilling skills to the
Class generally, and the staff of employees of the Employers specifically identified herein.
36. With a reasonable degree of certainty, there is a money trail connecting the fruit of
diversion of Plan assets to lining of the pockets of the Employer Operator Defendants
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