A SURVEY FROM THE NEW YORK CITY COUNCIL

On January 10th, the New York City Council launched an online survey to collect information from City restaurants regarding the Department of Health and Mental Hygiene’s (DOHMH) food safety inspection process. Restaurant participation in this survey is vital to the Council’s restaurant inspection review.   The survey results will provide a foundation for an upcoming oversight hearing, where the Council intends to further explore the inspection process and possible areas for reform.

The Council initiated this survey to gain insight into the restaurant inspection process in general and the impact of the letter grading system in particular.  The survey is divided into two sections to foster participation from as many food establishments as possible.  The first section requires no preparation – it seeks background information about the food establishment and solicits views on DOHMH’s inspection process and the letter grading system.  The second section may require the restaurant owner/operator to review records, as it requests recent historical data about experiences with inspections and adjudication in administrative tribunals.  Specifically, this section seeks details about violations issued during each inspection from 2008 to the present, along with costs accrued in connection with the payment of fines, consultants and improvements.

Survey participants are encouraged to answer as many questions as they can before the survey portion of the Council’s investigation concludes on January 31, 2012.  Any information that restaurants are able to provide will assist the Council in its evaluation of the restaurant inspection process.

NEW 2012 STATE LAW REQUIREMENTS

Additionally, area restaurants are likely affected by changes to the Hospitality Wage Order Rules of the New York State Department of Labor (Section 195.1 of the Labor Law) which became effective April 9, 2011, and requires all employers, other than government agencies, to give employees at the time of hire (before work is performed), and on or before February 1st of each year, notice of the following:

- the employee’s rate or rates of pay
- the overtime rate of pay, if the employee is subject to overtime regulations
- the basis of wage payment (per hour, per shift, per week, piece rate, commission, etc.)
- any allowances the employer intends to claim as part of the minimum wage including tip, meal, and lodging allowances
- the regular payday
- the employer’s name and any names under which the employer does business (DBA)
- the physical address of the employer’s main office or principal place of business and, if different, the employer’s mailing address
- the employer’s telephone number

Employers must provide the notice in English and the employee’s primary language.

For more information and sample notice forms from the NYS Dept. of Labor website, click here.