NY Lab L § 21 (2021)
2021 New York Laws LAB - Labor Article 2 - The Department of Labor 21 - General Powers and Duties of Commissioner.

§  21.  General  powers  and  duties of commissioner. The commissioner shall be the administrative head  of  the  department  and  shall  have, notwithstanding   any   provision   of  law  to  the  contrary,  general administrative  supervision  over   the   several   divisions,   boards, commissions, bureaus, and agencies thereof whether established under the provisions  of  this  chapter  or  the workmen's compensation law and in connection therewith, the commissioner:   1. Shall enforce all the provisions of this chapter and may issue such orders as he finds necessary directing compliance with any provision  of this chapter, except as in this chapter otherwise provided;   2. Shall cause proper inspections to be made of all matters prescribed by this chapter;   3.  Shall cause investigations to be made of the condition of women in industry;   * 3-a. Shall  prepare  and  submit  to  the  governor,  the  temporary president of the senate and the speaker of the assembly on or before the thirtieth  day  of  September  an  annual  report on the status of older workers including those over the age of sixty-five in  New  York  state. Such  report shall describe in detail the employment needs of such older workers and the ability of existing state employment  services  to  deal with  the  problems of older workers. The report shall consider the need for affirmative action, training, counseling, development of alternative work schedules, job development activities within the public and private sector, and the need for improved  use  by  older  workers  of  publicly funded  programs  for  employment  and  employment-related services. The report shall also consider the economic  impact  of  unemployment  among older   workers   and   shall  contain  recommendations,  including  the associated costs, for improved programs or for changes  in  statutes  or regulations  to  provide  increased  employment  opportunities for older workers.   * NB Expired October 1, 1981   4. Shall inquire into  and  report  on  the  causes  of  all  strikes, lockouts  and  other industrial controversies or labor disputes, and may appoint boards of inquiry for that purpose;   5. Shall institute methods and procedures for the establishment  of  a program  for  voluntary  compliance  by employers and employees with the requirements of this act and all applicable safety and health  standards and  rules and regulations promulgated pursuant to the authority of this article;   6. Shall provide a method of encouraging employers  and  employees  in their  efforts to reduce the number of safety and health hazards arising from undesirable, inappropriate, or unnecessary  working  conditions  at the  workplace  and  of stimulating employers and employees to institute new and to perfect existing programs for providing  safe  and  healthful working conditions;   7.  May  provide  for  the  establishment  and  maintenance  of public employment offices for the purpose of securing employment for men, women and children;   8.  May  make  investigations,   collect   and   compile   statistical information  and  report upon the conditions of labor generally and upon all matters relating to the enforcement and effect of the provisions  of this chapter and of the rules thereunder;   9.  May  enforce  any lawful municipal ordinance, by-law or regulation relating to any place affected by the provisions of this chapter, not in conflict with provisions of this chapter;   10.  May  investigate  the  condition  of  aliens  relative  to  their employment in industry;    11. May issue such regulations governing any provision of this chapter as he finds necessary and proper.   12.  Shall  compile  and  publish,  on  an annual basis, a list of all regulations and notices required to  be  posted  by  employers  for  the benefit  of  their  employees  pursuant  to  this  chapter, the workers' compensation law and any other state or federal law, rule or regulation.   13.  Shall  adopt  regulations   prescribing   the   methodology   for establishing  an  ongoing  monthly  statewide cost of labor index and an annual county or appropriate multi-county labor  market  composite  wage rate,  in  consultation  with  the  commissioner  of  education, for the purpose of computation of building aid to school districts, as  required by  subparagraph  one  of  paragraph  a  of  subdivision  six of section thirty-six hundred two of the education law.   14. Shall do all things necessary for the operation of  the  New  York state  data center established in the department in cooperation with the United States bureau of  the  census;  to  cooperate  with  other  state agencies, universities, regional organizations, boards, commissions, and other  entities  in  the dissemination of socio-economic information and data through the New York state data center program; in relation to such information and data, to provide technical  assistance  to  other  state agencies,  universities, regional organizations, boards, commissions and other entities; and to prepare estimates and the official projections of population, households and other characteristics of the state for use by all state agencies. All employees transferred to the department shall be transferred without further examination or qualification to the same  or similar  titles and shall remain in the same collective bargaining units and shall retain their respective civil service classifications,  status and  rights pursuant to their collective bargaining units and collective bargaining agreements.   15. Shall establish and maintain an online database to  catalogue  and make available information on workforce development funding programs and may  publish  any analysis conducted by the department on such data. For purposes of this subdivision, the term  "workforce  development  funding program"   shall   mean  a  program  that  funds  or  provides  targeted educational, occupational  or  training  services  for  the  purpose  of effecting  the  employability  of  the participant, provides training or employment  services,  supports  an  economic  development  activity  by enhancing  the skills of the state's workforce, prepares individuals for employment, improves opportunities for individuals to  become  employed, or  promotes  understanding  of  the  state  labor  force market through statistical studies, including but not limited to programs that fund  or provide  English  as  a  second  language  and  adult literacy. For each workforce  development  funding  program,  the  online  database   shall include,  but  not  be  limited  to,  the following information for each funding program:  (i) the name of the funding program and the agency  administering  the funding program;  (ii) a description of the purpose of the funding program;  (iii) a specific program Uniform Resource Locator ("URL"), if any;  (iv) the year the program was established;  (v) a catalog of federal domestic assistance numbers, if any;  (vi) the legal authority, including statute and regulation citations;  (vii)  the  program  and  fiscal  contact information including agency name, telephone number, and email address;  (viii) all eligibility requirements;  (ix) any program and special restrictions;  (x) any action or actions required to receive aid; and  (xi) a description of aid which shall include, but not be limited  to, the  flow  of  funds between entities, the type of aid formula used, any matching requirements and any maintenance of effort.