§ 7-405 Enforcement.
RCNY § 7-405
(a)If the grocery employer fails to timely respond to, written request for information or records from the department, a grocery employer must provide the department with access to records and at a mutually agreeable time of day at the employer's place of business.
(b)The department will make two attempts by any combination of letter, email, or telephone to arrange a mutually agreeable time of day for the grocery employer to provide access to its records in accordance with subdivision (b) of this section. If these attempts are not successful, the department may set a time to access records at the grocery employer's place of business during regular business hours, upon two days' notice to the grocery employer.
(c)The grocery employer may cure a notice of violation issued to a grocery employer for failure to provide requested information, records or access to records as required by 6 RCNY § 7-405 without penalty by producing the requested information or records on or before the first scheduled hearing date.
(d)The department may settle a complaint at any time prior to the conclusion of an adjudication. Prior to settling any complaint filed by an eligible grocery employee, pursuant to § 22-507(d)(1), the department shall provide each complainant with notice of the proposed settlement.
(e)A complainant who intends to opt out of a settlement, pursuant to § 22-507(d)(1)(E) of the Administrative Code must do so in writing to the department. A complainant who intends to withdraw his or her complaint with the department, pursuant to § 22-507(d)(2) of the Administrative Code must do so in writing to the department prior to bringing a civil action. (Added City Record 10/11/2016, eff. 11/10/2016; amended City Record 8/21/2018, eff. 9/20/2018)
