§ 7-109 Enforcement and Penalties.
RCNY § 7-109
(a)The Office may open an investigation to determine compliance with laws enforced by the Office on its own initiative or based on a complaint, except as otherwise provided by § 20-1309 of Chapter 13 of Title 20 of the Code.
(b)Whether it was issued in person, via mail, or, on written consent of the employer, email, an employer must respond to a written request for information or records by providing the Office with true, accurate, and contemporaneously-made records or information within the following timeframes, except as provided in subdivision (c) of this section, subdivision (c) of § 20-924 of the Code, 6 RCNY § 7-213 or other applicable law: (1) For an initial request for information or records, the employer shall i. Within ten (10) days of the date that the request for information was received by the employer provide the following information, if applicable: A. the employer's correct legal name and business form; B. the employer's trade name or DBA; C. the names and addresses of other businesses associated with the employer; D. the employer's Federal Employer Identification Number; E. the employer's addresses where business is conducted; F. the employer's headquarters and principal place of business addresses; G. the name, phone number, email address, and mailing address of the owners, officers, directors, principals, members, partners and/or stockholders of more than 10 percent of the outstanding stock of the employer business and their titles; H. the name, phone number, email address, and mailing address of the individuals who have operational control over the business; I. the name, phone number, email address, and mailing address of the individuals who supervise employees; J. the name and contact information of the individual who the office should contact regarding an investigation of the business and an affirmation granting authority to act; and ii. Within fourteen (14) days of the date of that the initial request for information or records was received, provide the remaining information or records requested in that initial request.
(2)For all requests for information or records after the initial request, an employer must respond within the timeframe prescribed by the Office in the request, which shall not exceed fourteen (14) days from the date that the request was received by the employer, unless a longer timeframe has been agreed to by the Office.
(3)Upon good cause shown, the Director may extend response timeframes required, pursuant to this subdivision.
(c)An employer shall respond to a written request for information or records by providing the Office with true, accurate, and contemporaneously-made records or information in a lesser amount of time than provided in paragraphs 2 and 3 of subdivision b of this section if agreed to by the parties or the Office has reason to believe that: (1) The employer will destroy or falsify records; (2) The employer is closing, selling, or transferring its business, disposing of assets or is about to declare bankruptcy; (3) The employer is the subject of a government investigation or enforcement action or proceeding related to wages and hours, unemployment insurance, workers' compensation, discrimination, OLPS laws and rules, the Freelancers Law and rules, or the Transportation Benefits Law and rules; or (4) More immediate access to records is necessary to prevent or remedy retaliation against employees.
(d)In accordance with applicable law, the Office may resolve or attempt to resolve an investigation at any point through settlement upon terms that are satisfactory to the Office.
(e)The Office may issue a notice of violation to an employer who fails to provide true and accurate information or records requested by the Office in connection with an investigation.
(f)An employer who fails to timely and fully respond to the request for information or records that is the subject of a notice of violation issued under subdivision (e) of this section on or before the first scheduled appearance date is subject to a penalty of five hundred dollars, in addition to any penalties or remedies imposed as a result of the Office's investigation.
(g)The employer may cure a notice of violation issued in accordance with subdivision (e) of this section without the penalty imposed in connection with subdivision (f) by: (1) producing the requested information or records on or before the first scheduled appearance date; or (2) resolving, to the satisfaction of the Office on or before the first scheduled appearance date, the investigation that is the basis for the request for information or records.
(h)A finding that an employer has an official or unofficial policy or practice that denies a right established or protected by the OLPS laws and rules shall constitute a violation of the applicable provision of the OLPS laws and rules for each and every employee subject to such policy or practice. (Added City Record 8/21/2018, eff. 9/20/2018)
