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Counsel's Office

Background

Counsel's Office is responsible for the legal affairs of the Department and, in this capacity, performs several functions. Its primary role is to act as an advisor to the Commissioner of Labor, other Deputy Commissioners and Division Directors on legal matters relating to all Department programs. These programs include unemployment insurance and employment and training services, wage protection, payment of wages, minimum wage and fringe benefits, child labor, farm labor, private employment agencies, public work, occupational safety and health, industrial homework, garment manufacturing, asbestos and other licensing programs.

Counsel's Office acts as an advisor to the Commissioner of Labor on all legislative matters relating to the Department of Labor. The Office also represents the Commissioner of Labor at legislative committees and numerous meetings, conferences, and symposia dealing with legal issues relating to Department programs. Counsel's Office represents the Department at administrative hearings, including those before a Hearing Officer, involving public work or asbestos cases, and before the Industrial Board of Appeals, involving Labor Standards and Public Employee Safety and Health matters. Finally, Counsel's Office acts as Records Access Officer for Freedom of Information Law requests.

Contact Person:
Jerome A. Tracy
New York State Department of Labor
State Office Campus, Building 12
Room 509
Albany, New York 12240
(518) 457-4380


Division of Employment Services
Background

The Division of Employment Services coordinates all field-based employment operations. The Division also encompasses the Employer Services Unit, the Economic Development Services Unit, the Self-Employment Assistance Program (SEAP), the Rural Employment Services Program, the Veterans Employment Program, and the School-to-Work Program. The Division of Employment Services is also responsible for all programs and activities of the Workforce Development and Training Division.

Contact Person:
Fredda Peritz, Director
New York State Department of Labor
State Office Campus, Building 12
Room 576
Albany, New York 12240
(518) 457-3584


Division of Equal Opportunity Development
Background

The New York State Department of Labor's Division of Equal Opportunity Development (DEOD) derives its authority from federal and state laws, rules, regulations, and executive orders.

The mission of DEOD, under the direction of the Commissioner of Labor, is to develop and maintain an ongoing affirmative action program, promote equal opportunity and ensure nondiscriminatory policies and practices.

Contact Person:
Andrew Adams
Director of DEOD
New York State Department of Labor
State Office Campus, Building 12
Room 540
Albany, New York 12240
(518) 457-1984


Division of Labor Standards
Background

The Division of Labor Standards enforces New York State Labor Laws concerning minimum wage, hours of work, child labor, payment of wages and wage supplements, industrial homework, apparel industry registration and farm labor. It also administers the Employment Agency Law (Article 11 of the General Business Law) outside New York City. The Division functions in the following areas:

· Minimum Wage: Enforces the New York State Minimum Wage Act, including four minimum wage orders and the Minimum Wage standards for Farm Workers. These laws, with specified exceptions, apply to all workers in the State, including those subject to the Federal Fair Labor Standards Act
· Unpaid or Withheld Wages: Investigates and endeavors to collect claims for unpaid or withheld wages including illegal deductions. Also enforces the prohibition against illegal kickback of wages and tip appropriation
· Wage Supplements or Fringe Benefits: Investigates and endeavors to collect claims for unpaid benefits or wage supplements, that the employer has agreed to provide, as well as claims for withheld employer contributions to benefit funds. Wage supplements include vacation or holiday pay, paid sick leave, reimbursement of expenses, and other similar items
· Employment of Minors: Enforces the statutes governing maximum and prohibited hours of work for minors and the type of work permitted for minors. Inspects establishments to ensure that minors under 18 years of age have proper employment certificates (also referred to as Working Papers)
· Day of Rest and Meal Periods: Enforces day of rest regulations, where applicable, and the meal periods required for all workers
· Farm Labor: Enforces minimum wage standards. After investigation, issues certificates of registration to migrant farm labor contractors, growers and food processors that bring migrant farm labor into the State. Enforces compliance with the conditions set forth in the registration. Also issues permits to labor camp commissaries
· Industrial Homework: Enforces the restrictions on industrial homework set forth in the Industrial Homework Law and the Homework Orders. Issues permits for limited distribution of industrial homework, where authorized, together with certificates to eligible home workers.


Division of Research and Statistics
Background

The Department of Labor's Division of Research and Statistics (R&S) is recognized as the primary source of labor market information in New York State. The Division has a network of ten regional labor market analysts across the State, each of whom possesses a unique knowledge of the local labor market, carefully monitors the dynamics of his/her area, and disseminates information to a wide range of customers.

Division staff collect, develop, analyze, and publish a wealth of economic information of key interest to employers, including the quality/quantity of the labor supply; labor costs, training and workforce preparation programs, industry trends, population characteristics, affirmative action information, occupational injuries and illnesses data; and collective bargaining settlements. Labor market analysts also have a strategic role in economic development.

Role in Economic Development

If an employer is considering a site location or the prospects of expanding, R&S staff will develop a customized analysis, including information on labor supply/cost, job training programs, educational institutions, and industry-specific data on contractors/subcontractors.

R&S staff have the capacity to conduct location-specific labor comparisons, as well as the ability to assist employers with Human Resources planning and marketing strategies. Analysts also conduct extensive research to identify industries or clusters exhibiting competitive advantage or specialization for a given county or region. This information can be used for targeting/marketing strategies.

Quality and Quantity of the Labor Supply

The Department's database of registered applicants and Unemployment Insurance (UI) recipients represents the most comprehensive source of labor supply information available in New York State. Occupation, educational attainment, work experience, and other qualifying characteristics can be used to sort job seekers. UI beneficiaries are a good representation of the available experienced labor supply.

The NYSDOL also has a Geographical Information System (GIS) database file containing information on registered applicants sorted by zip code and location. This information allows employers to have a clear understanding of the labor supply's quality/quantity in relationship to a specific site location. It also allows a better understanding of the transportation and communication links between business sites and workers.

R&S also produces occupational projections for the State and its ten regions. Detailed information on specific jobs, their employment trends, and the number of projected job openings is available through local labor market analysis.

All information on the labor supply is available on diskette or may be retrieved through the Division's ten regional BBSs or through WDSuite, a three-programs-in-one software package developed by R&S staff, that allows employers to search at their convenience for workers in any county of New York State. A PC running Windows and a modem are the tools needed to obtain this skills-inventory service.

BBS Location/Number Saranac Lake, NY
(North Country)
(518) 891-0979

Labor Costs

Paying a competitive wage to retrain employees is a key concern of employers. In response to this need, R&S, in cooperation with the U.S. Bureau of Labor Statistics, develops wage data for many occupations. These data are gathered from employers by means of an annual survey, the employers in both the public and private sectors are surveyed by mail. Wage data for Alien Labor Certification also comes from this source. OES survey data may be used to evaluate wage trends by industry and occupation, to compare an occupation's wages over time and across geographic areas and industries and to adjust pay structure. OES data also may be used to evaluate occupational trends by industry, to spotlight emerging or declining occupations, to identify available types of skilled workers and to evaluate the impact of technology on occupations. Wage data from this employer survey is now available on the Department's Home Page at: http://www.labor.state.ny.us/html/businf.htm, or by contacting your Regional Analyst.

Industry Trends

R&S staff develop industry-specific analyses on new business formation, rapidly expanding industries, and large growth industries. This information provides valuable insight into how the economy is evolving and on the kinds of industries that are emerging and successfully growing in a given labor market. Analysts also produce monthly briefings on firm-specific hiring and layoff announcements. Information is derived from press releases, newspapers, business journals, newsletters, and other public sources. The information is available in publication form or electronically from BBSs.

Workforce Preparation Programs

The Department of Labor plays a key role in the delivery of workforce preparation programs in New York State. The Department is responsible for administering 20 programs, including apprenticeship training, adult training, and on-the-job training. Local labor market analysts can provide information and guidance regarding these training programs.

High-Performance Workplace Skills and Competencies

Regional labor market analysts serve as repositories for current research focusing on the skill demands of the workplace. Employers can be connected to the National Skill Standards Directory, School-to-Work initiatives, SCANS research, high-performance manufacturing skills and other literature about requirements of the workplace through their local analyst.

Population Trends

The size and characteristics of the population are extremely important to employers. The population represents both customers and workers for business. R&S is a State Data Center affiliate. The Division produces a wealth of information on the population and analyses of the changing demographics and their implications for the economy.

Collective Bargaining Settlements

R&S publishes a report summarizing wage changes in recent collective bargaining agreements that affect 100 or more workers and fringe benefit changes that affect 1,000 or more workers in New York State. The publication provides the date of the settlement, the contract term, and an analysis of wage and benefit changes. The settlements are organized by industry.

Occupational Injuries and Illnesses

Prevention of workplace accidents and injuries continues to be a high priority for the Department. Through a cooperative arrangement with the USDOL, data on injuries and illness in the workplace are collected and analyzed. The results are made available in an annual report, "Survey of Occupational Injuries and Illnesses." Employers can use this current, comprehensive information to help design cost-effective prevention strategies.

Affirmative Action Data

The Division produces and is the point of contact for Affirmative Action data. This statistical analysis of affirmative action/equal opportunity data is provided to New York State employers as a tool for assessing the available workforce in given areas of the State. This analysis also can be helpful in identifying and comparing the demographics of the available workforce in the various federal occupational categories. The main goal of this process is to ensure equal access and equal opportunities for all New York State workers. A detailed EEO file, including information on 511 specific occupations, is available on the NYSDOL site at http://www.labor.state.ny.us/html/eeo/index.htm.


Division of Safety and Health and Associated Programs
Background

The Director of the Division of Safety and Health has executive authority for all Labor Department Safety and Health programs statewide. Associated program descriptions follow:

Asbestos Control Bureau

The Department of Labor regulates asbestos control activities in New York State through its Asbestos Control Bureau. All contractors must be licensed and all asbestos handlers certified by the Department's License and Certificate Unit. Projects must be conducted in accordance with safety standards promulgated by the Commissioner of Labor to avoid potential health hazards that can result from the improper handling of asbestos or asbestos material, a potential carcinogen.

Boiler Safety Bureau

The Boiler Safety Bureau is responsible for the inspection of low and high-pressure boilers in New York State, with the exception of the cities of New York, White Plains and Buffalo. All boilers located in commercial buildings and dwellings of six families, or more, must be inspected by a Certified Boiler Inspector employed either by the New York State Department of Labor or an authorized insurance company. The Bureau is also responsible for the issuance and review of Boiler Repair Firms' Certificates of Authorization and the certification of insurance company inspectors.

Industry Inspection Bureau & Licensing and Certification Unit

The Industry Inspection Bureau is responsible for regulation, inspection, or both in the following listed programs throughout New York State, with certain exceptions in New York City:

· Amusement Rides, Carnivals, Circuses, Viewing Stands, Tents
· Passenger Tramways, Ski Tows and Ski Areas
· Crane Operators
· Explosives Storage and Blasting Operations
· Window Cleaning Scaffolds and Operations
· Places of Public Assembly
· High Voltage Proximity Act
· Elevators in Factory and Mercantile Buildings
· Coin Operated Machinery
· Glass Doors

New York City jurisdiction

· Passenger Tramways
· Window Cleaning Scaffolds and Operations
· High Voltage Proximity Act
· Coin Operated Machinery

Radiological Health Unit

The New York State Department of Labor Radiological Health Unit regulates the industrial use of radioactive materials in New York State primarily through a program of licensing and inspecting. A license must be obtained before a company is able to acquire the radioactive materials needed for its particular application (e.g., research and development, process control, manufacture of radio-pharmaceuticals, manufacturing smoke detectors, non-destructive testing of structural materials).

If the proposed program, procedures, facilities, shielding, equipment, and staff are adequate, the RHU will then draft a licensing document incorporating the approved procedures and other information. All license programs are inspected at regular intervals, most ranging from one to three years, depending on the relative hazard of the licensed materials.

The Unit also responds to about 50 incidents and accidents a year involving radioactive materials (contaminated scrap and municipal trash, transportation accidents, accidental damage to radiation devices, etc.), and is part of a statewide radiological emergency response plan. Professional staff are on 24-hour call to respond to incidents and accidents and often work unusual schedules to accomplish the unit's mission.


Division of Unemployment Insurance

Background

The Unemployment Insurance Division of the New York State Department of Labor administers the New York State Unemployment Insurance Law. Benefits paid to unemployment insurance claimants are funded by employer contributions to the Unemployment Insurance Trust Fund.

The Unemployment Insurance Division is comprised of four major subdivisions: the Adjudication Services Office, the Determination and Enforcement Office, the Benefit Payment and Tax Accounting Office, and Unemployment Insurance Benefit Operations Office.

Contact:
St. Lawrence County One Stop Career Center
80 State Highway 310 Suite 8
Canton, NY 13617-1498
315-386-3276


Division of Welfare-to-Work
Background

The Welfare-to-Work Divisions responsible for oversight of State and local Welfare-to-Work programs included under the Temporary Assistance for Needy Families (TANF) and the Food Stamp program, as well as the State-operated Safety Net program.

Contact Person:
Karen Papandrea, Director
Division of Welfare-To-Work
State Office Campus, Building 12
Room 288
Albany, NY 12240
(518) 485-6289

Program Development

Responsible for program development of interagency programs within the Department of Labor and other state and local agencies.

Contact Person:
Joseph Capobianco, Bureau Chief (518) 485-6290

Program Policy and Operations

Responsible for the development of regulations and policy.

Contact Person:
Mike Leonard, Bureau Chief (518) 485-6996

Program Accountability

Coordinates employer services with other divisions; maintains Division budget and other fiscal-related issues.

Contact Person:
Russ Oliver, Bureau Chief (518) 485-6288

DOL Jobs Program

Coordinates the activities of approximately 100 staff assigned to 51 local districts to place welfare recipients in employment.

Contact Person:
Jim Gianatasio, Bureau Chief (518) 457-1228

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