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Adopted Rules: Closed to Comments

Adopted Rules Content: 

 

Notice of Adoption of Rules

NOTICE IS HEREBY GIVEN PURSUANT TO THE AUTHORITY VESTED IN the Commissioner of the Department of Consumer Affairs by Sections 20-a, 1043, and 2203(f) of the New York City Charter, and Chapter 13 of Title 20 of the New York City Administrative Code, and in accordance with the requirements of Section 1043 of the New York City Charter, of the adoption of an amendment to Title 6 of the Rules of the City of New York by adding subchapter G to chapter 7 to implement and clarify provisions in Chapter 13 of Title 20 of the New York City Administrative Code (the “Pay Deductions Law”) and to provide guidance to covered employers and protected workers.       

The rules were proposed on October 18, 2017. The required public hearing was held on November 17, 2017.

Statement of Basis and Purpose of 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 Subchapter G to Chapter 7 of 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 an authorization can be revoked by contacting the not-for-profit‘s contact person or not-for-profit in writing.

·         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 form 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.

·         Clarify that rights created by the Pay Deductions Law may not be prospectively waived.

 

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.

Effective Date: 
Tue, 11/28/2017

Adopted Rules: Closed to Comments

Adopted Rules Content: 

Notice of Adoption

Notice of Adoption of Amendment of Title 6 of the Rules of the City of New York by reorganizing chapter 7 and adding a new subchapter F.

NOTICE IS HEREBY GIVEN PURSUANT TO THE AUTHORITY VESTED IN the Commissioner of the Department of Consumer Affairs by Sections 20-a, 1043, and 2203(f) of the New York City Charter, and local law numbers 99, 100, 106, and 107 for the year 2017 and in accordance with the requirements of Section 1043 of the New York City Charter, of the adoption of an amendment to Title 6 of the Rules of the City of New York by reorganizing chapter 7 and adding provisions that implement Chapter 12 of Title 20 of the New York City Administrative Code (“Fair Work Practices”).       

The rule was proposed and published on October 18, 2017.  The required public hearing was held on November 17, 2017.

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, and offer open shifts to existing fast food employees. The Fair Workweek Law also bans “clopenings” for fast food employees, bans on-call scheduling for retail employees, and requires that retail employees receive 72 hours advance notice of schedules.

Chapter 7 of Title 6 of the Rules of the City of New York, entitled “Earned Sick Time,” previously contained only the rules implementing the Earned Sick Time Act. This rulemaking renames chapter 7, assigns the Earned Sick Time rules to a new subchapter B of chapter 7, and adds a new subchapter F to implement the Fair Workweek Law. Specifically, this rulemaking:

·         Changes the title of chapter 7 to “Office of Labor Policy and Standards.”

·         Organizes chapter 7 into subchapters, including the Earned Sick Time rules under a new subchapter B.

·         Adds a new subchapter F containing the rules necessary to implement the Fair Workweek Law. These rules:

o   Define a “long term or indefinite change” in reference to a good faith schedule estimate.

o   Establish a violation for failing to provide an updated good faith estimate when there is a long term or indefinite schedule change.

o   Establish when an employer does not need to post a notice of an employee’s schedule.

o   Establish that an employer must inform fast food employees of the method by which additional shifts will be posted.

o   Establish which employees a fast food employer must notify of an additional shift if the employer has 50 or more fast food establishments in the City.

o   Establish when a fast food employer can temporarily offer additional shifts to current fast food employees while a posting to current fast food employees is pending of additional shifts.

o   Establish that a fast food employer must communicate to its employees that a shift has been filled.

o   Establish that a fast food employer must pay a schedule change premium for changes of more than 15 minutes in the time of a scheduled shift.

o   Clarify that a fast food employer is not required to pay a schedule change premium to an employee who uses sick time.

o   Establish that a fast food employer does not need to award a shift to an employee who accepts part of the shift if the remaining part of the shift is under 3 hours or has not been filled by another employee.

o   Establish that, when a fast food employee accepts an offered shift that overlaps with the fast food employee’s existing shift, the fast food employer may not give the offered shift to a new employee.

o   Establish that, when a fast food employee accepts a shift that would entitle the employee to overtime, the fast food employer must give the employee only the portion of the shift that would not entitle the employee to overtime.

o   Specify the records an employer has to maintain.

o   Specify the procedure for filing a private cause of action.

o   Establish that rights pursuant to the Fair Workweek Law cannot be waived prospectively.

 

Sections 20-a, 1043 and 2203(f) oftheNewYorkCityCharter and local law numbers 99, 100, 106 and 107 of 2017 authorizetheDepartmentofConsumerAffairs  to make these proposedrules.

 

 

Effective Date: 
Tue, 11/28/2017

Proposed Rules: Closed to Comments

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: Closed to Comments (View Public Comments Received:2)

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.

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

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

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