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Proposed Rules: Open to Comments

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Agency:
Comment By: 
Friday, November 17, 2017
Proposed Rules Content: 

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.

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Subject: 

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

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

Download Copy of Proposed Rule (.pdf): 

Proposed Rules: Open to Comments (View Public Comments Received:1)

Log in or register to post comments
Agency:
Comment By: 
Friday, November 17, 2017
Proposed Rules Content: 

Statement of Basis and Purpose of Rules

In May 2017, Mayor de Blasio signed into law local law numbers 99, 100, 106 and 107, adding chapter 12 to Title 20 of the Administrative Code, which regulates scheduling for fast food and retail workers in New York City. Collectively, these local laws have been referred to as the “Fair Workweek Law.” Specifically, the Fair Workweek Law requires that fast food employers provide employees with two weeks of notice of schedule and pay premiums to employees for changes made to their schedules, offer open shifts to existing fast food employees, ban “clopenings” for fast food employees, ban on-call scheduling for retail employees, and require that retail employees receive 72 hours advance notice of schedules.

  • These rules add a new Chapter 14 to Title 6 of the Rules of the City of New York to clarify the Fair Workweek Law. Specifically, these rules:
  • Provide a definitions section.
  • Define a “long term or indefinite change” in reference to a good faith estimate of schedule.
  • Include a violation of failing to provide an updated good faith estimate when there is a long term or indefinite change.
  • Establish when an employer does not need to post a notice of an employee’s schedule.
  • Establish that an employer must inform fast food employees of the method by which additional shifts will be posted.
  • Establish that an employer does not need to post additional shifts three days in advance if it does not have notice of the need to fill a shift three days in advance due to an employee being unable to work a scheduled shift.
  • Establish which employees a fast food employer must notify if the employer has 50 or more fast food establishments in the City.
  • Establish that a fast food employer must communicate to its employees that a shift has been filled.
  • Establish that a fast food employer needs to pay a schedule change premium for changes that change the time of a scheduled shift by more than 15 minutes.
  • Clarify that a fast food employer is not required to pay a schedule change premium to an employee who uses sick time.
  • Clarify that a subset of shifts may include whole and partial shifts.
  • Establish that a fast food employer does not need to award a shift to an employee who accepts a partial shift if the remaining part of the shift is under 3 hours or has not been filled by another employee.
  • Establish that a fast food employer may not offer a shift to a new employee when a fast food employee accepts a shift that overlaps with the fast food employee’s existing shift.
  • Establish that a fast food employee that accepts a shift that would entitle the employee to overtime, the employer must award the portion of the shift that would not entitle the employee to overtime.
  • Clarify the records an employer has to maintain.
  • Clarify the procedure for filing a private cause of action.

Sections 20-a, 1043 and 2203(f) oftheNewYorkCityCharter and local law numbers 99, 100, 106 and 107 of 2017 authorize the Department of ConsumeAffairs Office of Labor Policy and Standards to make these proposerules.

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Subject: 

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

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

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Friday, October 13, 2017
Proposed Rules Content: 

Statement of Basis and Purpose of Proposed Rule

Section 5-66(c) of Title 6 of the Rules of the City of New York (“6 RCNY”) requires tax preparers to post information regarding how they compute their fees.  Section 20-740.1(b) of Title 20 of the Administrative Code of the City of New York (“Code”) requires tax preparers to provide consumers with a “consumer bill of rights regarding tax preparers” (“consumer bill of rights”) – a  one page informational flier regarding consumers’ rights and laws concerning tax preparers.  Code Section 20-750(a) and 6 RCNY Section 5-70(a) require retail service establishments, which includes tax preparers, to post a price list sign.

The Department has found through numerous complaints that consumers who seek tax preparer services often receive vague, confusing and/or inadequate information about the cost of such services, which has frequently resulted in consumers being overcharged.  Additionally, although Code Section 20-740.1(b) requires tax preparers to provide each consumer with a consumer bill of rights prior to discussion with the consumer, the Department has found that tax preparers do not always comply and, absent a disclosure, consumers have no way of knowing about the bill of rights and their right to receive a copy.  Therefore, the Department proposes to improve and expand consumer protections by:

·     clarifying the information that tax preparers must include in the price list sign regarding how they compute their fees and the locations where the sign must be posted;

·    requiring tax preparers to display signage informing consumers that they are entitled to receive a written estimate of fees before receiving services from the tax preparer;

·   requiring tax preparers to post a sign stating that a tax preparer must provide every consumer with a free, current and legible copy of the consumer bill of rights; and

·   requiring tax preparers to provide the consumer bill of rights in English and in the primary language spoken by the consumer, provided that the Department has made available a translation in such language.

Additionally, the Department is proposing to amend 6 RCNY Section 5-66(c) to incorporate the requirements of Code Section 20-750(a) and 6 RCNY Section 5-70(a), which mandate that the price list sign must be posted at each point at which orders are placed and/or payment is made.  The Department would deem compliance by a tax preparer with this proposed amendment to satisfy Code Section 20-750(a) and 6 RCNY Section 5-70(a).

The Department also seeks to amend 6 RCNY Section 6-53 – the Income Tax Preparers Penalty Schedule – to include the fixed penalties for violations of the proposed new Section 5-173.

Subject: 

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Location: 
New York City Department of Consumer Affairs
42 Broadway 5th floor
New York, NY 10004
Contact: 

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

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Monday, October 2, 2017
Proposed Rules Content: 

Statement of Basis and Purpose of Proposed Rule

The City Council enacted Local Law 80 for the Year 2016, adding Subchapter 33 to Title 20 of the New York City Administrative Code to require ticket sellers in New York City to be licensed and regulated by the Department of Consumer Affairs.

These proposed rules establish requirements to implement the Law. Specifically, the rules establish:

  • Record-keeping requirements.
  • A schedule of fixed penalties for violations of the ticket seller law and rules.

 

Keywords:
Subject: 

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

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

Download Copy of Proposed Rule (.pdf): 

Adopted Rules: Closed to Comments

Adopted Rules Content: 

New York City Department of Consumer Affairs

Notice of Adoption

Notice of adoption of amendments to Chapter 6 of Title 6 of the Rules of the City of New York.

NOTICE IS HEREBY GIVEN PURSUANT TO THE AUTHORITY VESTED IN the Commissioner of the Department of Consumer Affairs (DCA) by Sections 1043, 2203(f), and 2203(h)(1) of the New York City Charter, Executive Order No. 18, and Sections 17-1409, 20-104, 20-105, 20-271(d), 20-275(b), 20-494, 20-703(a), 20-818(a), 20-818(b), and 20-910(e) of the Administrative Code of the City of New York, and in accordance with the requirements of Section 1043 of the New York City Charter, that the Department amends Sections 6-01, 6-10, 6-11, 6-19, 6-47, and 6-61, and promulgates and adopts Sections 6-62, 6-63, 6-64, and 6-65, of Chapter 6 of Title 6 of the Rules of the City of New York, to clarify DCA’s enforcement powers after notice and hearing with respect to unlicensed activity and authority to seal a premise, to clarify the applicable penalty if a penalty is not specifically provided for a violation of a law or rule, and to amend and update DCA’s fixed penalties.

The rule was proposed and published on May 25, 2017. The required public hearing was held on June 26, 2017.

Statement of Basis and Purpose of Rules

Chapter 6 of Title 6 of the Rules of the City of New York contains the rules implementing Executive Order No. 18, dated June 23, 2016, which transferred DCA’s adjudicatory responsibilities to the Office of Administrative Trials and Hearings (OATH).  The rules provide guidance to those who want to settle their violations before appearing at OATH, including by setting fixed penalties for violations issued by the Department.

 

These rules seek to provide additional guidance by clarifying the Commissioner’s enforcement powers with respect to unlicensed activities and authority to seal premises under the Administrative Code of the City of New York and any other city, state or federal law conferring such power upon the Commissioner.  These rules also seek to clarify that if a penalty is not specifically provided for a violation of law or rule that is within DCA’s jurisdiction to enforce, Section 2203(h)(1), which authorizes DCA to impose civil penalties up to $500, will apply.  These rules also seek to amend the fixed penalties for violations of the consumer protection and public safety laws and establish additional fixed penalties for violations of laws and rules related to dealers in second-hand articles, debt collection agencies, carpet VOC emissions, air conditioning, and pregnancy services centers.      

Effective Date: 
Thu, 09/21/2017

Adopted Rules: Closed to Comments

Adopted Rules Content: 

Statement of Basis and Purpose of Rules

In October 2016, the City Council passed Local Law 140 of 2016, which requires hiring parties to make timely payment to freelance workers for services performed pursuant to contract. The City Council determined that protecting freelance workers against non-payment would have a positive effect on the local economy, the freelance industry, and the financial security of freelance workers’ families, and result in a more prosperous city.

 These rules clarify provisions in the law, establish requirements to implement and meet the goals of the law, and provide guidance to covered hiring parties and protected freelance workers. Specifically, these rules:

 Define “adverse action;”

  • Clarify that the provisions of law apply without regard to immigration status;
  • Clarify what is included in the value of contracts between hiring parties and freelance workers for purposes of jurisdiction and damages calculation;
  • Describe the scope and mechanics of anti-retaliation protections for freelance workers; and

Clarify the law’s prohibition on waiver of rights in contracts

Effective Date: 
Mon, 07/24/2017

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Monday, June 26, 2017
Proposed Rules Content: 

Statement of Basis and Purpose of Proposed Rules

Chapter 6 of Title 6 of the Rules of the City of New York contains the rules implementing Executive Order No. 18, dated June 23, 2016, which transferred DCA’s adjudicatory responsibilities to the Office of Administrative Trials and Hearings (OATH).  The rules provide guidance to those who want to settle their violations before appearing at OATH, including by setting fixed penalties for violations issued by the Department.

The proposed rules seek to provide additional guidance by clarifying the Commissioner’s enforcement powers with respect to unlicensed activities and authority to seal premises under the Administrative Code of the City of New York and any other city, state or federal law conferring such power upon the Commissioner.  The proposed rules also seek to clarify that if a penalty is not specifically provided for a violation of law or rule that is within DCA’s jurisdiction to enforce, Section 2203(h)(1), which authorizes DCA to impose civil penalties up to $500, will apply.  The proposed rules also seek to amend the fixed penalties for violations of the consumer protection and public safety laws and establish additional fixed penalties for violations of laws and rules related to dealers in second-hand articles, debt collection agencies, carpet VOC emissions, air conditioning, and pregnancy services centers.      

Keywords:
Subject: 

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

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

Proposed Rules: Closed to Comments (View Public Comments Received:1)

Agency:
Comment By: 
Wednesday, May 31, 2017
Proposed Rules Content: 

Statement of Basis and Purpose of Proposed Rules

In October 2016, the City Council passed Local Law 140 of 2016, which requires hiring parties to make timely payment to freelance workers for services performed pursuant to contract. The City Council determined that protecting freelance workers against non-payment would have a positive effect on the local economy, the freelance industry, and the financial security of freelance workers’ families, and result in a more prosperous city.
These proposed rules clarify provisions in the law, establish requirements to implement and meet the goals of the law, and provide guidance to covered hiring parties and protected freelance workers. Specifically, these rules:

  • Define “adverse action;”
  • Clarify that the provisions of law apply without regard to immigration status;
  • Clarify what is included in the value of contracts between hiring parties and freelance workers for purposes of jurisdiction and damages calculation;
  • Describe the scope and mechanics of anti-retaliation protections for freelance workers; and
  • Clarify the law’s prohibition on waiver of rights in contracts.

“Shall” and “must” denote mandatory requirements and may be used interchangeably in the rules of this department, unless otherwise specified or unless the context clearly indicates otherwise.

Keywords:
Subject: 

Implementation of Freelance Isn’t Free Act

Location: 
Department of Consumer Affairs hearing room
42 Broadway (5th Floor)
New York, NY 10004

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Friday, March 31, 2017
Proposed Rules Content: 

Statement of Basis and Purpose of Proposed Rule


The City Council enacted Local Laws 79 and 80 amending Section 20-672 of the New York City Administrative Code to require, among other things, that all gasoline stations that post road signs include on their signs the price of the lowest grade of gasoline offered for sale, and if the cash price is less than the price charged for other forms of payment, the price for each type of accepted payment.  This proposed rule amends 6 RCNY § 4-63(b) to implement the changes made to Section 20-672 of the Administrative Code.

The proposed rule also removes certain requirements that were added to 6 RCNY 4-63(b) in 2013, but have not been enforced by the Department of Consumer Affairs because of difficulties faced by the industry in complying with them.  For example, the proposed rule eliminates the requirement that every sign have type size of at least 430 points and the requirement that gasoline stations must have a sign that can be seen from the road and is of a certain size.  Removing these requirements will provide regulatory relief  and make it easier to own and operate a gasoline station.

The proposed rule was not included in the Department of Consumer Affairs regulatory agenda because the rule was not anticipated at the time the regulatory agenda was created.

Subject: 

Information Required to be Provided on Petroleum Product Signs

Location: 
42 Broadway (5th Floor)
New York, NY 10004
Download Copy of Proposed Rule (.pdf): 

Adopted Rules: Closed to Comments

Adopted Rules Content: 

Statement of Basis and Purpose of Rules

 

In January 2016, the City Council passed Local Law 11 of 2016, which requires successor employers in the grocery industry to retain eligible employees for a transitional employment period. The City Council determined that protecting grocery workers would have a positive effect on the local economy, the grocery industry, and the financial security of grocery store employees’ families, and result in a more prosperous city.

 

These rules clarify provisions in the law, establish requirements to implement and meet the goals of the law, and provide guidance to covered grocery establishments and protected employees. Specifically, these rules:

 

  • Define “confidential employee;”
  • Describe the means by which an incumbent grocery employer may comply with the requirement to post employee notices;
  • Provide a method for determining the seniority of eligible grocery employees;
  • Clarify the record keeping requirements regarding grocery employer maintenance and provision of records, and the consequences for failing to maintain, retain, or produce such records;
  • Describe the circumstances in which the Department will issue a Notice of Violation to an employer;
  • Describe the circumstances in which a grocery employer must give the Department access to records, and define “appropriate notice” of the need for such access by the Department;
  • Require the Department, prior to settling any complaint, to give complainants notice of the proposed settlement; and
  • Describe the method by which a complainant may opt out of a Department settlement and describe the method by which a complainant may withdraw their complaint with the Department.
Effective Date: 
Thu, 11/10/2016

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