Responsibilities of the Division of Labor Services.
66 RCNY § 10-05
in effect§ 10-05 Responsibilities of the Division of Labor Services.
(a) Division review – generally.
(1) It shall be the responsibility of the Division to implement, monitor compliance with, and enforce E.O. 50 (Appendix to 66 RCNY Chapter 10), these regulations and programs established pursuant to City, State and Federal law requiring contractors to provide equal employment opportunity.
(2) The Division shall conduct a preaward compliance review to determine whether the contractor maintains nondiscriminatory hiring and employment practices and is taking steps to insure that applicants are employed and that employees are placed, trained, upgraded, promoted, paid, and otherwise treated during employment without regard to race, creed, color, sex, national origin, age, handicap, marital status, sexual orientation or citizenship status.
(3) The Division's preaward compliance review shall proceed in the following manner:
(i) The Division shall analyze the contractor's Employment Report, with special attention directed to the composition of the work force and the contractor's employment policies, practices and procedures, including the following: recruitment, outreach, interviewing practices, pre-employment physical exams, employee evaluations, supervisor accountability, EEO training, promotional and transfer practices, training programs, employee counseling, job descriptions, architectural and other barriers, salaries and wage plans, fringe benefits, work environment, changing facilities, and collective bargaining agreements;
(ii) If the Division deems it appropriate as part of its compliance review, or if the Office finds that the material submitted is incomplete or raises questions concerning the contractor's efforts to meet the requirements of E.O. 50 (Appendix to 66 RCNY Chapter 10) and these regulations, the Division may:
(A) hold a conference with the contractor to gain information necessary to complete the compliance review and, where necessary, to develop an Employment Program; and
(B) perform an on site review of those matters which were not fully or satisfactorily addressed in the Employment Report or at the conference.
(iii) The Division will take into consideration consent decrees, court and administrative orders and conciliation agreements when analyzing a contractor's compliance with E.O. 50 (Appendix to 66 RCNY Chapter 10) and these regulations. The Division will not impose requirements which are inconsistent with the foregoing.
(b) Division review – supply and services contracts.
(1) After the Division has completed its preaward compliance review and has determined that a proposed covered contractor is in compliance with the requirements of E.O. 50 (Appendix to 66 RCNY Chapter 10) and these regulations, it shall issue a certificate of compliance which shall be valid for 36 months.
(2) After the Division has completed its preaward compliance review and has identified underutilization or employment policies and practices which mitigate against equal employment opportunity, it may negotiate an Employment Program or approve the proposed covered contractor with reservations and monitor the compliance of the contractor with E.O. 50 (Appendix to 66 RCNY Chapter 10) and these regulations during the term of the contract. The monitoring shall consist of:
(i) an analysis of Employment Update Reports which the contractor is required to submit on a periodic basis; and
(ii) where necessary, conferences and on site reviews.
(c) Division review – construction contracts.
(1) During the preaward compliance review, the Division may when it deems necessary hold a preaward conference for contracts for which an Employment Report is required pursuant to this chapter. At the conference, the Division will review the contents of the Employment Report in detail with the contractor to ensure compliance with applicable Federal, State, and City equal employment opportunity and training requirements. The Division shall, thereafter, issue a certificate of compliance which shall be valid for 36 months.
(2) During the term of the contract, the Division shall monitor the compliance of the contractor with the requirements of E.O. 50 (Appendix to 66 RCNY Chapter 10) and these regulations. The monitoring may consist of:
(i) an analysis of the payroll records or other workforce data tables on City and non-City funded sites which the contractor is required to submit on a periodic basis; and
(ii) field visits to City and non-City funded construction sites of the contractor within the City.
(3) Upon completion of the contract and prior to final payment, the Division may perform an audit of the contractor's payroll records and any other information submitted concerning compliance with the training requirements of E.O. 50 (Appendix to 66 RCNY Chapter 10) and these regulations to determine whether the contractor has made a good faith effort to comply with these requirements and whether the contractor's compensation should be reduced for failure to provide the required training. The contractor and the contracting agency shall be given notice if the Division's audit reveals that the contractor failed to provide training for the required number of trainees for the required number of weeks, or that the contractor has acted to circumvent the training requirements. In such case, unless the contractor can demonstrate that it made a good faith effort to provide the training, the contractor's compensation will be reduced. The Division shall evaluate all information submitted by the contractor concerning its good faith effort and consult with the contracting agency before a decision is made as to whether a training violation has occurred. The Division shall notify the contractor and contracting agency of its determination.
(d) [Reserved.]
(Amended City Record 10/31/2023, eff. 11/30/2023)
Source: City of New York, Charter, Administrative Code and Rules (American Legal Publishing XML export, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/newyorkcity/latest/NYCrules/0-0-0-144597Fetched: 10/24/2026