Employee scheduling rule making records (NYS DOL)

Dear Peter Fugiel:
This message acknowledges receipt of your request. Your request was received in this office on 11/15/2023 and given the reference number R001486-111523 for tracking purposes.
Records Requested: To Whom It May Concern:

Pursuant to the New York Freedom of Information Law, I hereby request the following records:

All documents relating to the "employee scheduling" or "call-in pay" rule (LAB-47-17-00011) developed under Commissioner Roberta Reardon at the direction of Governor Andrew Cuomo. Responsive documents include, but are not limited to, drafts and revisions of the proposed rule, testimony and recordings from public hearings, analyses, summaries, reports, memoranda, letters, emails and attachments prepared, issued, or received by the Commissioner, members of the Wage Board, or Department of Labor staff during the period 7/1/2017–6/30/2019.

This request is being made for non-commercial research purposes. The requested documents will be made available to the general public.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer to receive the responsive records in an electronic format through the online portal or by email attachment.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 5 business days, as the statute requires.

Sincerely,

Peter Fugiel
Postdoctoral Research Fellow
Rutgers School of Management and Labor Relations

Upload documents directly: https://www.muckrock.com/
We will provide you with a status update on or before 12/14/2023.
You can monitor the progress of your request at the link below and you'll receive an email when your request has been completed.
New York State Department of Labor

--- Please respond above this line ---
12/14/2023 Peter Fugiel
MuckRock News, DEPT MR154560 263 Huntington Ave
Boston MA 02115 RE: PUBLIC RECORDS REQUEST of November 15, 2023, Reference # R001486-111523 Dear Peter Fugiel, This letter is in response to your public information request from you on November 15, 2023. Your request mentioned: “To Whom It May Concern:

Pursuant to the New York Freedom of Information Law, I hereby request the following records:

All documents relating to the "employee scheduling" or "call-in pay" rule (LAB-47-17-00011) developed under Commissioner Roberta Reardon at the direction of Governor Andrew Cuomo. Responsive documents include, but are not limited to, drafts and revisions of the proposed rule, testimony and recordings from public hearings, analyses, summaries, reports, memoranda, letters, emails and attachments prepared, issued, or received by the Commissioner, members of the Wage Board, or Department of Labor staff during the period 7/1/2017–6/30/2019.

This request is being made for non-commercial research purposes. The requested documents will be made available to the general public.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer to receive the responsive records in an electronic format through the online portal or by email attachment.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 5 business days, as the statute requires.

Sincerely,

Peter Fugiel
Postdoctoral Research Fellow
Rutgers School of Management and Labor Relations

Upload documents directly: https://www.muckrock.com/ Please be advised that the Department could not complete a response to your FOIL request within 20 business days due to the volume of requests currently pending with the Department and our obligation to treat each request equally. The Department estimates that you will receive a response to your request within 90 business days. Thank you, Jill Archambault Records Access Officer Maria Frank
Legal Assistant

--- Please respond above this line ---
04/29/2024 Peter Fugiel
MuckRock News, DEPT MR154560 263 Huntington Ave
Boston MA 02115 RE: PUBLIC RECORDS REQUEST of November 15, 2023, Reference # R001486-111523 Dear Peter Fugiel, The New York State Department of Labor received a public information request from you on November 15, 2023. Your request mentioned: “To Whom It May Concern:

Pursuant to the New York Freedom of Information Law, I hereby request the following records:

All documents relating to the "employee scheduling" or "call-in pay" rule (LAB-47-17-00011) developed under Commissioner Roberta Reardon at the direction of Governor Andrew Cuomo. Responsive documents include, but are not limited to, drafts and revisions of the proposed rule, testimony and recordings from public hearings, analyses, summaries, reports, memoranda, letters, emails and attachments prepared, issued, or received by the Commissioner, members of the Wage Board, or Department of Labor staff during the period 7/1/2017–6/30/2019.

This request is being made for non-commercial research purposes. The requested documents will be made available to the general public.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer to receive the responsive records in an electronic format through the online portal or by email attachment.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 5 business days, as the statute requires.

Sincerely,

Peter Fugiel
Postdoctoral Research Fellow
Rutgers School of Management and Labor Relations

Upload documents directly: https://www.muckrock.com/ Please be advised that the Department could not complete a response to your FOIL request within 90 business days due to the volume of requests currently pending with the Department and our obligation to treat each request equally. The Department estimates that you will receive a response to your request within 60 business days. Thank you, Jill Archambault Records Access Officer Maria Frank
Legal Assistant
Counsel's Office

--- Please respond above this line ---
07/25/2024 Peter Fugiel
MuckRock News, DEPT MR154560 263 Huntington Ave
Boston MA 02115 RE: PUBLIC RECORDS REQUEST of November 15, 2023, Reference # R001486-111523 Dear Peter Fugiel, The New York State Department of Labor received a public information request from you on November 15, 2023. Your request mentioned:

All documents relating to the "employee scheduling" or "call-in pay" rule (LAB-47-17-00011) developed under Commissioner Roberta Reardon at the direction of Governor Andrew Cuomo. Responsive documents include, but are not limited to, drafts and revisions of the proposed rule, testimony and recordings from public hearings, analyses, summaries, reports, memoranda, letters, emails and attachments prepared, issued, or received by the Commissioner, members of the Wage Board, or Department of Labor staff during the period 7/1/2017–6/30/2019.
Please be advised that the Department could not complete a response to your FOIL request within 90 business days due to the volume of requests currently pending with the Department and our obligation to treat each request equally. The Department estimates that you will receive a response to your request within 90 business days. Thank you, Jill Archambault Records Access Officer Maria Frank
Legal Assistant
Counsel's Office

Dear Appeal Officer,

Please find attached a letter appealing the Department of Labor's failure
to respond to a FOIL request (R001486-111523) for records relating to
proposed employee scheduling or call-in pay regulations. Please let me know
if you have any difficulty opening the attachment or require additional
documentation.

Thank you for your assistance,

*Peter Fugiel, PhD* | Postdoctoral Research Fellow

Department of Labor Studies and Employment Relations

Rutgers School of Management and Labor Relations

---------- Forwarded message ---------
From: dos.sm.Coog.InetCoog <dosCOOG@dos.ny.gov>
Date: Tue, Jul 30, 2024 at 12:57 PM
Subject: RE: Attn: FOIL Appeal Officer – DOL Constructive Denial of Request
#R001486-111523
To: Peter Fugiel <peter.fugiel@rutgers.edu>

Good afternoon Dr. Fugiel,

The Committee on Open Government (Committee) is authorized to provide
advice, guidance, and opinions regarding the Freedom of Information Law
(FOIL). The Committee is not empowered to hear appeals on behalf of another
agency. Public Officers Law (POL) § 89(4)(a) states, in relevant part,
that:

“any person denied access to a record may within thirty days appeal in
writing such denial to the head, chief executive or governing body of the
entity, or the person therefor designated by such head, chief executive, or
governing body, who shall within ten business days of the receipt of such
appeal fully explain in writing to the person requesting the record the
reasons for further denial, or provide access to the record sought.”

In other words, your appeal under FOIL should be directed to the appeals
officer of the Department of Labor (DOL). Per the DOL website
<https://dol.ny.gov/freedom-information-law-foil-requests>, appeals must
“include a copy of the original request for records and a copy of the FOIL
response letter” and be submitted via U.S. mail to the following address:

Commissioner of Labor
New York State Department of Labor
Harriman State Office Campus Building 12, Room 500
Albany, NY 12226

Sincerely,

*Miguel-Carlo Bautista*

Excelsior Fellow

Pronouns: he/him/his

*New York State Committee on Open Government *

One Commerce Plaza, Albany, NY 12231

(518) 474-2518

http://www.opengovernment.ny.gov

*From:* Peter Fugiel <peter.fugiel@rutgers.edu>
*Sent:* Tuesday, July 30, 2024 1:08 PM
*To:* dos.sm.Coog.InetCoog <dosCOOG@dos.ny.gov>
*Cc:* requests@muckrock.com; labor.sm.Counsel.FOILReq <
FOILReq.Counsel@labor.ny.gov>
*Subject:* Attn: FOIL Appeal Officer – DOL Constructive Denial of Request
#R001486-111523

You don't often get email from peter.fugiel@rutgers.edu. Learn why this is
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*ATTENTION: This email came from an external source. Do not open
attachments or click on links from unknown senders or unexpected emails.*

Dear Appeal Officer,

Please find attached a letter appealing the Department of Labor's failure
to respond to a FOIL request (R001486-111523) for records relating to
proposed employee scheduling or call-in pay regulations. Please let me know
if you have any difficulty opening the attachment or require additional
documentation.

Thank you for your assistance,

*Peter Fugiel, PhD* | Postdoctoral Research Fellow

Department of Labor Studies and Employment Relations

Rutgers School of Management and Labor Relations

[image: Image removed by sender.]

Dear Chief Administrative Law Judge Day,

Please find attached a letter appealing the Department of Labor's
constructive denial of a FOIL request (R001486-111523) for records relating
to proposed employee scheduling regulations. In accordance with
the Department's appeal guidelines, I mailed a hard copy of this letter to
the Commissioner of Labor (Harriman State Office Campus Building 12, Room
500 Albany, NY 12226). I hope it is not presumptuous of me to also email it
to you directly. I appreciated your intervention to expedite the
Department's response to a previous request and believe this request merits
similar treatment.

Thank you for your consideration,

*Peter Fugiel, PhD* | Postdoctoral Research Fellow

Department of Labor Studies and Employment Relations

Rutgers School of Management and Labor Relations

---------- Forwarded message ---------
From: Day, Marshall H (LABOR) <Marshall.Day@labor.ny.gov>
Date: Thu, Aug 1, 2024 at 1:25 PM
Subject: Freedom of Information Law (FOIL) Appeal / Our File No.:
R001486-111524
To: peter.fugiel@rutgers.edu <peter.fugiel@rutgers.edu>
Cc: dos.sm.Coog.InetCoog <dosCOOG@dos.ny.gov>, Archambault, Jill (LABOR) <
Jill.Archambault@labor.ny.gov>, Johnson, Carol S (LABOR) <
Carol.Johnson3@labor.ny.gov>, Conway, Caroline (LABOR) <
Caroline.Conway@labor.ny.gov>

Mr. Sir,

Attached please find the final determination of this agency regarding the
above enumerated Freedom of Information Law Appeal. Determination and
Appeal attached. Hard copy of the determination to follow by mail.

*Marshall H. Day*
Chief Administrative Law Judge

*New York State Department of Labor | Administrative Adjudication*

State Office Building Campus

Building 12, Room 266c, Albany NY 12226

adminadjud@labor.ny.gov

[image: Department of Labor Logo]

This message may contain confidential and/or legally privileged
information. Confidential information may not be used or disclosed except
for the express purpose for which it was sent. Forwarding of a privileged
communication will compromise its privileged nature. If you are not the
intended recipient, you are hereby notified that disclosure, dissemination,
copying or distribution of this transmission or its attachments is strictly
prohibited; please notify the sender immediately by return e-mail and
delete the transmission and its attachments.

Mr. Fugiel,

Attached please find the final determination of this agency regarding the above enumerated Freedom of Information Law Appeal. Determination and appeal attached. Hard copy of determination to follow by mail.

Marshall H. Day
Chief Administrative Law Judge

New York State Department of Labor | Administrative Adjudication
State Office Building Campus
Building 12, Room 266c, Albany NY 12226
adminadjud@labor.ny.gov<mailto:adminadjud@labor.ny.gov>

[Department of Labor Logo]
This message may contain confidential and/or legally privileged information. Confidential information may not be used or disclosed except for the express purpose for which it was sent. Forwarding of a privileged communication will compromise its privileged nature. If you are not the intended recipient, you are hereby notified that disclosure, dissemination, copying or distribution of this transmission or its attachments is strictly prohibited; please notify the sender immediately by return e-mail and delete the transmission and its attachments.

--- Please respond above this line ---
11/06/2024 RE: FOIL Records Request of November 15, 2023, Reference # R001486-111523 Dear Peter Fugiel, The New York State Department of Labor received a public records request from you on November 15, 2023. Your request mentioned: To Whom It May Concern:

Pursuant to the New York Freedom of Information Law, I hereby request the following records:

All documents relating to the "employee scheduling" or "call-in pay" rule (LAB-47-17-00011) developed under Commissioner Roberta Reardon at the direction of Governor Andrew Cuomo. Responsive documents include, but are not limited to, drafts and revisions of the proposed rule, testimony and recordings from public hearings, analyses, summaries, reports, memoranda, letters, emails and attachments prepared, issued, or received by the Commissioner, members of the Wage Board, or Department of Labor staff during the period 7/1/2017–6/30/2019.

This request is being made for non-commercial research purposes. The requested documents will be made available to the general public.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer to receive the responsive records in an electronic format through the online portal or by email attachment.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 5 business days, as the statute requires.

Sincerely,

Peter Fugiel
Postdoctoral Research Fellow
Rutgers School of Management and Labor Relations

Upload documents directly: https://www.muckrock.com/ We have reviewed the records that were responsive to your request and applied redactions in accordance with the Public Officers Law. The basis of our conclusion that certain information is exempt from disclosure, and therefore has been redacted, is explained further below. Please be advised that access is denied to information which “would constitute an unwarranted invasion of personal privacy" pursuant to Public Officers Law §§ 87(2)(b), 89(2)(b), and 96(1). Also, access is denied to records that are inter or intra-agency materials which are not statistical or factual tabulations or data, instructions to staff that affect the public, final agency policy or determinations, or external audits pursuant to Public Officers Law § 87(2)(g). Additionally, access is denied to information which, if disclosed , would jeopardize the capacity of an agency or an entity that has shared information with an agency to guarantee the security of its information technology assets, such assets encompassing both electronic information systems and infrastructures pursuant to Public Officers Law § 87 (2) (i). Please log in to the FOIL Records Access Center at the following link to retrieve the responsive records. FOIL Records Request - R001486-111523 (https://u8387778.ct.sendgrid.net/ls/click?upn=u001.VEsWrlMiJDg0mXafq1mEXRAQX4LYXZI6uqIEpuDMOn-2BObjYr-2B4L0ZtJHvZeU9qx6a2wm0KDGHIj80kiJysw4-2B2dSckIB5-2B5-2BqsROrEYu78A-3DOAuM_pIGAR4dYTg3kAX3Lnmu8Igb6A0YHD-2FpsUZ02Ux-2FQdT5YVlmqknbr-2BwPHRRf3x30BXLnWp1EGiGITmMTUBzox-2FF4ioAY7GzmiBEM52j-2FgCjMpYjRebh6jQqoMfQY9kLSFlRPQdQCB9HUC1K5L3mf7NAIOV7rAVPMaEi90xDinXxgQp8bMDw1n-2BQOol5Gm38Gv2B4A3EJp7w4-2FgvnLVhfiqZ4FH0LbF3AdrT1KCfoJFUzWjJu642fUaf1Jq4trbVzBTPtBJCrroFXxFZsE1SYVbWkmbCsor3Iqj7lhvGLJhwdmIg5GGBYDJcwWC-2FAp-2Fuply66T62rMjfyS-2Bzj82PUglypQsq-2Fy18CT4tQHVPcvCmTzCmaOHz-2BUn-2BGtf-2Fnx-2Fglf) You may submit a written appeal of this decision within 30 days by mail to: Commissioner of Labor, New York State Department of Labor, Harriman State Office Campus, Building 12, Room 500, Albany, NY 12226.  You must state a basis for appeal, attach a copy of this letter, and mark the letter and envelope as “FOIL Appeal.” If you have questions, please call our office at 518-485-2191. Thank you, Jill Archambault Records Access Officer BY:    Carol Johnson
Supervising Attorney Counsel's Office
To monitor the progress or update this request please log into the FOIL Records Access Center (https://u8387778.ct.sendgrid.net/ls/click?upn=u001.VEsWrlMiJDg0mXafq1mEXRAQX4LYXZI6uqIEpuDMOn-2BObjYr-2B4L0ZtJHvZeU9qx6a2wm0KDGHIj80kiJysw4-2B2dSckIB5-2B5-2BqsROrEYu78A-3DV2d7_pIGAR4dYTg3kAX3Lnmu8Igb6A0YHD-2FpsUZ02Ux-2FQdT5YVlmqknbr-2BwPHRRf3x30BXLnWp1EGiGITmMTUBzox-2FF4ioAY7GzmiBEM52j-2FgCjMpYjRebh6jQqoMfQY9kLSFlRPQdQCB9HUC1K5L3mf7NAIOV7rAVPMaEi90xDinXxgQp8bMDw1n-2BQOol5Gm38Gv2B4A3EJp7w4-2FgvnLVhfiqZ4FH0LbF3AdrT1KCfoJFUyWWSHC0HiX5b9qML77HvzR-2F0YOs9FQ-2BZsT3T8uG7I6j0cIojv8YgSxJE4EPjjXQLI6tB7QznbJ8iXqs9Z4CiZmKwprgUvYturmHVaEBUzzUa9vgdsjx09Hzu30hQe8UvEauerYUPcZRi1CSVWK8PZ6)

Mr. Fugiel,

Attached please find the final determination of this agency regarding the above enumerated Freedom of Information Law Appeal. Determination and appeal attached. Hard copy of determination to follow by mail.

Dawn Lyon
Administrative Assistant 1

New York State Department of Labor | Administrative Adjudication
State Office Building Campus
1220 Washington Ave.
Building 12, Room 266c, Albany NY 12226
Office: 518-485-6447 | adminadjud@labor.ny.gov
[Department of Labor Logo]
This message may contain confidential and/or legally privileged information. Confidential information may not be used or disclosed except for the express purpose for which it was sent. Forwarding of a privileged communication will compromise its privileged nature. If you are not the intended recipient, you are hereby notified that disclosure, dissemination, copying or distribution of this transmission or its attachments is strictly prohibited; please notify the sender immediately by return e-mail and delete the transmission and its attachments.

A letter stating that the request appeal has been rejected.