Implementation of Pay Deductions Law

Proposed Rules: Open to Comments

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Friday, November 17, 2017
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Statement of Basis and Purpose of Proposed Rules

In May 2017, New York City Mayor Bill de Blasio signed into law a bill to give fast food employees the ability to make voluntary contributions to not-for-profit organizations through payroll deductions under certain circumstances.

These rules add a new Chapter 15 to Title 6 of the Rules of the City of New York to implement this new law and provide guidance on when and how fast food employers must make such payroll deductions. Specifically, these rules:

  • Define terms used in the new Pay Deductions law.
  • Clarify that the authorization shall state that a not-for-profit‘s contact person is responsible for processing authorizations and revocations.
  • Clarify that an electronic signature has the same effect as a handwritten signature.
  • Establish when an authorization is presumed to have been received by an employer.
  • Clarify that a fast food employer shall not begin deductions prior to the start date indicated on an authorization.
  • Establish that a not-for-profit must notify fast food employees of when the not-for-profit intends to transmit authorizations to the fast food employer if more than 180 dayshas elapsed since the not-for-profit received an employee’s authorization and the not-for-profit has not yet transmitted it.
  • Establish which of their employees not-for-profits must include on their required disclosures.
  • Clarify that IRS form 990, or an equivalent tax form if no 990 was filed, is sufficient for disclosing a not-for-profit’s finances.
  • Establish the format for posting disclosures on a single webpage.
  • Clarify what a false or misleading disclosure is.
  • Establish what constitutes an acceptable form of proof of not-for-profit status.
  • Establish what constitutes acceptable proof that a not-for-profit made required disclosures to fast food employees.
  • Establish how costs associated with deductions and remittances will be calculated.
  • Clarify how an authorization may be revoked.
  • Establish procedures for reexamining or revoking a not-for-profit’s registration.
  • Clarify what rights are protected against retaliation.
  • Establish procedures for enforcement.
  • Establish procedures relating to civil actions.
  • Clarify the records fast food employers must retain.

 

Sections20-a, 1043, and 2203(f) ofthe New York City Charter and Chapter 13 of Title 20 of the New York City Administrative Code authorize the Department of Consumer Affairs Office of Labor Policy & Standards to make these proposed rules.

Public Hearing
Subject: 

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Public Hearing Date: 
Friday, November 17, 2017 - 10:00am
Contact: 

Casey Adams, 212-436-0095, cadams@dca.nyc.gov

Location: 
NYC Department of Consumer Affairs
42 Broadway 5th Floor
New York, NY 10004