9 NYCRR Part 5312 - Executive Department

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Source version current through Nov 15, 2021

All 5 displayed sections in this Part carry the same compiled date. Status and warnings stay on each section.

9 NYCRR 5312.1 - Policy and purpose

A matched Register action is not later than the compiled-text reference date.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Nov 15, 2021
Related Register notice: SGC-29-15-00014-A · Adopted rule
Related notice published: Sep 30, 2015
Related notice effective date: Sep 30, 2015

The commission is committed to ensuring that each gaming facility licensee maintains a diverse workplace and provides an opportunity of employment for all residents. This Part is intended to ensure that each gaming facility licensee faithfully adheres to workforce enhancement standards and considers annually its workforce diversity approach and practice.

9 NYCRR 5312.2 - Workforce diversity plans

A matched Register action is not later than the compiled-text reference date.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Nov 15, 2021
Related Register notice: SGC-29-15-00014-A · Adopted rule
Related notice published: Sep 30, 2015
Related notice effective date: Sep 30, 2015

Each gaming facility licensee shall submit annually for commission approval a workforce diversity plan, which shall detail such gaming facility licensee’s commitment to ensuring a diverse workplace and opportunity of employment for all residents. The annual plan shall review any previously submitted topical material, including without limitation the workplace development commitments contained within the gaming facility licensee’s submitted proposals, and suggest changes necessitated by best practices or practical experience. The annual workforce diversity plan shall detail the gaming facility licensee’s:

(1)commitment to establish, fund and maintain a workforce training program that:

(i)establishes transparent career paths with measurable criteria that lead to increased responsibility and higher pay grades that are designed to allow employees to pursue career advancement and promotion; and

(ii)provides employees access to additional resources, such as tuition reimbursement or stipend policies, to enable employees to acquire the education or job training needed to advance career paths based on increased responsibility and pay grades;

(2)establishment and implementation of an affirmative action program of equal opportunity, including specific goals for the engagement of minorities, women, persons with disabilities and veterans on construction jobs and service and professional jobs during operation; and

(3)strategy for providing on-the-job opportunities and training with respect to regional and local demographic groups with high unemployment.

9 NYCRR 5312.3 - Self-assessment review; additional reporting

A matched Register action is not later than the compiled-text reference date.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Nov 15, 2021
Related Register notice: SGC-29-15-00014-A · Adopted rule
Related notice published: Sep 30, 2015
Related notice effective date: Sep 30, 2015

(a)Each gaming facility licensee shall submit annually to the commission a self-assessment review detailing the previous year’s actual practice in regard to such gaming facility licensee’s workforce diversity practice, including review of human resources, affirmative action and job opportunities and training for the underemployed. The underemployed are those workers who are highly skilled but working in low-paying or low-skilled jobs and part-time workers who would prefer to be full time.

(b)Additionally, each gaming facility licensee shall file annually a report with the commission concerning the performance of such gaming facility licensee’s diversity plan. The report shall contain the following:

(1)employment data, including information on the following:

(i)minority and women representation in the gaming facility licensee’s workforce in all job classifications;

(ii)salary information;

(iii)recruitment and training information, including executive and managerial level recruitment and training; and

(iv)retention and outreach efforts; and

(2)information on minority and women investment, equity ownership and other ownership or management opportunities initiated or promoted by the gaming facility licensee.

(c)Each gaming facility licensee shall submit any other information as the commission in writing may request to enable review of such gaming facility licensee’s workforce diversity plan.

9 NYCRR 5312.4 - Compliance monitoring

A matched Register action is not later than the compiled-text reference date.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Nov 15, 2021
Related Register notice: SGC-29-15-00014-A · Adopted rule
Related notice published: Sep 30, 2015
Related notice effective date: Sep 30, 2015

The commission will determine whether the stated goals set forth in each workforce diversity plan are consistent with commitments contained within a gaming facility licensee’s submitted proposals, reasonable as to any deviations identified and whether attempts to meet such commitments reflect a good-faith effort to ensure that all persons are accorded equality of opportunity in employment by such gaming facility licensee.

9 NYCRR 5312.5 - Failure to meet goals; penalty

A matched Register action is not later than the compiled-text reference date.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Nov 15, 2021
Related Register notice: SGC-29-15-00014-A · Adopted rule
Related notice published: Sep 30, 2015
Related notice effective date: Sep 30, 2015

(a)A gaming facility licensee may be considered as having failed to meet its workforce diversity plan goals if the gaming facility licensee:

(1)has failed to make a good-faith effort to achieve such goals;

(2)fails to improve its efforts toward attainment of such goals after becoming aware that it will fail to meet such goals; or

(3)fails to prepare and file accurate or timely reports as required.

(b)The commission may, in its discretion, levy and collect penalties as provided by Racing, Pari-Mutuel Wagering and Breeding Law section 116 and article 13, or impose other sanctions in the commission’s discretion, after notice and a hearing, upon a gaming facility licensee for failure to use good faith in attaining workforce diversity plan goals.

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