2006 New York Code - Division Of Labor Services.

 
    § 1305. Division of Labor Services. There shall be a division of labor
  services within the department.
    a.  The  commissioner  shall administer the provisions of this section
  and enforce a citywide program  to  ensure  that  city  contractors  and
  subcontractors take appropriate action to ensure that women and minority
  group  members  are  afforded equal employment opportunity, and that all
  persons  are  protected  from  discrimination   prohibited   under   the
  provisions  of  federal,  state and local laws and executive orders with
  regard to recruitment, employment, job assignment, promotion, upgrading,
  demotion, transfer, layoff, termination, rates of pay and other forms of
  compensation. The commissioner may request and shall  receive  from  any
  contracting  agency  of  the city such assistance as may be necessary to
  carry out the provisions of this section. "Minority group member"  shall
  mean a United States citizen or permanent resident alien who is a member
  of a racial or language minority group in New York city protected by the
  voting  rights  act  of 1965, as amended, or such other groups as may be
  covered by rule of the agency.
    b. The commissioner shall promulgate such rules as  are  necessary  to
  implement  the  purposes of this section. The commissioner shall consult
  with the procurement policy board in drafting and adopting such rules.
    c. The commissioner shall have the following powers and duties:
    1. to implement, monitor compliance with, and enforce this section and
  programs established pursuant  to  local,  state  and  federal  law  and
  executive  order  requiring  contractors  to  provide  equal  employment
  opportunity;
    2. to implement,  monitor  compliance  with,  and  enforce  on-the-job
  training requirements on construction projects;
    3.  to  monitor  compliance  by  contractors  with  state  and federal
  prevailing wage requirements;
    4. to advise and assist contractors, subcontractors and  labor  unions
  with   respect   to   their  obligations  to  provide  equal  employment
  opportunity;
    5. to establish appropriate advisory committees;
    6. to serve as a city liaison to federal,  state  and  local  agencies
  responsible  for  contractors' and subcontractors' compliance with equal
  employment opportunity; and
    7. such other powers and duties as maybe conferred on the division  by
  law  or  executive  order  for  the  purpose of ensuring that persons or
  businesses which benefit from doing business with the city provide equal
  employment opportunity.
    d. The commissioner shall develop appropriate language  for  inclusion
  in  city  contracts  regarding  the subject matter of this section. Such
  contract language shall be reviewed by  the  corporation  counsel.  Such
  contract language shall require that a contractor:
    1.  shall  not discriminate against any individual in violation of any
  federal, state or local law;
    2. shall inform any employee  representatives  authorized  to  bargain
  collectively  for its employees of the contractor's obligations pursuant
  to this section, and negotiate with such representatives to obtain their
  cooperation in the implementation of such obligations;
    3. shall require that any subcontractor it employs in the  performance
  of the contract comply with the requirements of this section.
    e.  1.  The  commissioner  shall  require  employment  reports  to  be
  submitted  in  such  form  and  containing  such  information   as   the
  commissioner  may  prescribe, by contractors to whom agencies propose to
  award city  contracts  and  their  proposed  subcontractors,  when  such
  contracts  or  subcontracts have a value above a monetary threshold that


  the commissioner shall by rule establish. The commissioner may  by  rule
  provide for appropriate exemptions from such requirements.
    2.  An  employment  report  shall  include,  but  not  be  limited to,
  employment practices, policies, procedures,  statistics  and  collective
  bargaining   agreements.  The  contracting  agency  shall  transmit  the
  employment report to the commissioner after the selection of a  proposed
  contractor   or   subcontractor.   The  commissioner  shall  review  all
  employment  reports  to   determine   whether   such   contractors   and
  subcontractors  are  in compliance with the equal employment opportunity
  requirement of local, state and federal law and executive orders.
    3. Except as provided in paragraphs 4, 5 and 6 of this subdivision,  a
  contracting  agency  may  award  the contract or approve a subcontractor
  upon receiving the approval of the division, or after a number  of  days
  to  be  specified  by rule have passed since it submitted the employment
  report of the proposed contractor to the division, whichever is sooner.
    4. If the commissioner notifies the contracting agency that a proposed
  contractor or subcontractor has failed to submit a  complete  employment
  report,  the  commissioner  shall  require the contracting agency not to
  award the contract or approve the subcontractor until after  a  complete
  employment report has been submitted to the division for its review.
    5.  If  the  commissioner  notifies  the  contracting  agency that the
  division has reason to believe that the contractor or  subcontractor  is
  not in substantial compliance with the requirements of this section, the
  commissioner  may  require  the  contracting  agency  not  to  award the
  contract or approve the subcontractor until the contractor has agreed to
  take appropriate action to come into compliance with such requirements.
    6. The commissioner may by  rule  provide  for  circumstances  when  a
  contract or subcontract may be awarded without the prior approval of the
  division,  which  shall  include  but  not  be  limited  to requirements
  contracts which may be awarded prior to the approval  of  an  employment
  report, subject to the condition that a purchase shall not be made under
  the  contract  until  the  division  has approved the employment report,
  emergency contracts, and contracts with  contractors  or  subcontractors
  for which the division has previously approved an employment report.
    7.  The  time  schedules  for actions required to be taken pursuant to
  this section shall be defined by rule of the procurement policy board in
  accordance with the provisions of section three hundred eleven.
    f. Periodic  review.  The  commissioner  may  require  contractors  or
  subcontractors  to file periodic employment reports after the award of a
  contract in such form and with such frequency as  the  commissioner  may
  direct  by  rule to determine whether such contractors or subcontractors
  are in compliance with applicable legal requirements and the  provisions
  of this section.
    g.  Responsibilities  of city agencies. The head of each city, county,
  borough or other office, position,  administration,  board,  department,
  division, commission, bureau, corporation, authority, or other agency of
  government,  where  the majority of board members are appointed directly
  or indirectly by the mayor or serve by virtue of being city officers, or
  the expenses of which are paid  in  whole  or  in  part  from  the  city
  treasury, including the board of education, city and community colleges,
  the   financial   services   corporation,   the   health  and  hospitals
  corporation, the public development corporation, school boards, and  the
  city housing authority, shall:
    1.  assist  the  division  in  monitoring  compliance  with  the equal
  employment opportunity requirements of contracts under its  jurisdiction
  and  refer  and  recommend  matters  to  the  division  with  respect to
  non-compliance with the provisions of this section;


    2. designate a deputy  commissioner  or  other  executive  officer  to
  advise  the  commissioner  concerning the activities and progress of the
  agency in carrying out its responsibilities pursuant  to  this  section;
  and
    3.  in  accordance  with  the  provisions  of  section  three  hundred
  thirty-five, impose remedies and sanctions for failure  to  comply  with
  the requirements included in city contracts pursuant to this section.
    h.  Enforcement, remedies and sanctions. Upon receiving a complaint or
  at its own instance, the commissioner may conduct such investigation  as
  may be necessary to determine whether contractors and subcontractors are
  in  compliance  with  the  equal  employment opportunity requirements of
  federal, state and local laws and executive orders. If the  commissioner
  has  reason  to  believe  that  a  contractor or subcontractor is not in
  compliance with the provisions of this section, the  commissioner  shall
  seek  the  contractor's or subcontractor's agreement to adopt and adhere
  to  an  employment  program  designed   to   ensure   equal   employment
  opportunity,  including  but  not limited to measures designed to remedy
  underutilization  of  minorities  and  women  in  the  contractor's   or
  subcontractor's  workforce,  and  may,  in  addition,  recommend  to the
  contracting agency that payments to the contractor be suspended  pending
  a  determination  of the contractor's or subcontractor's compliance with
  such requirements. If the contractor or subcontractor does not agree  to
  adopt  or does not adhere to such a program, the commissioner shall make
  a determination as to whether the  contractor  or  subcontractor  is  in
  compliance  with  the  provisions  of this section, and shall notify the
  head of the contracting agency of such determination and any  sanctions,
  including  withholding  of payment, imposition of an employment program,
  or other sanction or remedy provided by law or by  contract,  which  the
  executive   director  believes  should  be  imposed.  The  head  of  the
  contracting agency shall impose such sanction unless he or she  notifies
  the commissioner in writing that the agency head does not agree with the
  recommendation,  in  which  case  the  commissioner  and the head of the
  contracting agency shall jointly determine any sanction to  be  imposed.
  If  the agency head and the commissioner do not agree on the sanction to
  be imposed, the matter  shall  be  referred  to  the  mayor,  who  shall
  determine any sanction to be imposed.
    i. Confidentiality. To the extent permitted by law and consistent with
  the  proper  discharge  of  the  division's  responsibilities under this
  section all information provided by a contractor to the  division  shall
  be confidential.
    j. This section shall not apply:
    1. to contracts for financial or other assistance between the city and
  a government or governmental agency;
    2.  to  contracts,  resolutions, indentures, declarations of trust, or
  other  instruments  authorizing  or  relating  to   the   authorization,
  issuance,  award, and sale of bonds, certificates of indebtedness, notes
  or other fiscal obligations of the city, or consisting  thereof,  except
  as otherwise provided by law or executive order; or
    3.  to  employment  by the city of its officers and employees which is
  subject to equal employment opportunity requirements of applicable law.