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What is NYC RCNY § 9-04?

Quick Answer

(a) Employee Notices. Covered Employers must maintain written records of their delivery of the employee notices required by the Prevailing Wage Law.

General informational summary. Not legal advice for your situation. Consult an attorney before acting on any specific matter.

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Effective: 6/23/2016

§ 9-04 Records.

RCNY § 9-04

(a)Employee Notices. Covered Employers must maintain written records of their delivery of the employee notices required by the Prevailing Wage Law. Acceptable records include logs with signed employee acknowledgments, and/or email receipts reflecting delivery of the notices. Failure to maintain these records shall create a rebuttable presumption that the Covered Employer did not deliver the required notices to the Building Service Employees.

(b)Building Service Contracts. Covered Employers must maintain copies of all agreements with Building Service Contractors.

(c)Employee Claims. Covered Employers must maintain all records related to any complaint or any pending, threatened, or resolved legal action or grievance by or from any employee concerning the Prevailing Wage Law.

(d)Termination or Adverse Employment Action. Covered Employers must maintain all records related to the discharge, demotion, suspension, reduction of hours, or other adverse employment action against any employee subject to the Prevailing Wage Law. Failure to maintain these records shall create a rebuttable presumption that any adverse employment action was in retaliation for the applicable employee exercising his or her rights under the Prevailing Wage Law.

(e)Obligation to Produce on Demand. Covered Employers must furnish copies of any of the records specified in this section to the City within 15 days of a request by the City.

(f)Retention Period. Covered Employers must retain all records specified in this section for six years after the applicable Building Service Work is performed. (Added City Record 5/24/2016, eff. 6/23/2016)

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