« Mediated complaints resolved to the satisfaction of the business and consumer (%) 64% 67% 64% 61% 61% 62% 62% Neutral Up
« Critical Indicator “NA” Not Available ñò Directional Target * None
0
1500
3000
4500
6000
FY 16 FY 17 FY 18 FY 19 FY 20
Consumer Complaints 2,804 2,5363,049 2,701
3,691
2,720
2,099
2,166
2,860
3,650
Total Docketed Complaints Resolved Consumer Complaints
DEPARTMENT OF CONSUMER AND WORKER PROTECTION | Page 137
Goal 1b Ensure all businesses comply with NYC’s Consumer Protection Law and related laws.
During Fiscal 2020, DCWP continued its education first approach and prioritized the inspection of businesses and industries
known to engage in conduct causing public harm. However, the impact of COVID-19 resulted in many businesses in NYC
being closed since mid-March and consequently, a 34 percent decline in the number of summonses issued compared to
the previous fiscal year.
The overall licensing law compliance rate fell one percentage point from 93 percent in Fiscal 2019 to 92 percent in Fiscal
While the compliance rate for gasoline pumps increased to close to 100 percent, there was an eight percentage point
increase in the rate of compliance with tobacco regulations, a one percentage point drop in the compliance with consumer
refund and receipt laws and a one percentage point drop in the rate of compliance with licensing laws. The compliance
rate for fuel trucks under NYS weights and measures law decreased to 76 percent in Fiscal 2020.
Performance Indicators
Actual Target Trend
FY16 FY17 FY18 FY19 FY20 FY20 FY21 5-Year
Desired
Direction
Total inspections 76,996 75,951 65,673 62,971 41,251 * * Down Up
Total summonses issued 14,291 15,971 15,152 16,338 11,020 * * Down *
« Licensing Law compliance rate (%) 95% 95% 95% 93% 92% 93% 93% Neutral Up
Consumer Protection Law - refund and receipt compliance rate
(%) 91% 89% 90% 89% 88% 85% 85% Neutral Up
Weights and Measures Law compliance rate - gasoline pumps
(%) 100% 99% 99% 99% 100% 98% 98% Neutral Up
Weights and Measures Law compliance rate - fuel trucks (%) 68% 71% 77% 80% 76% 72% 72% Up Up
« Inspected stores complying with NY State regulations regarding the sale of tobacco to minors (%) 93% 89% 89% 86% 93% 90% 90% Neutral Up
« Critical Indicator “NA” Not Available ñò Directional Target * None
Goal 1c Promptly negotiate settlements on violations issued to businesses.
DCWP’s Settlement Unit works with businesses to resolve violations prior to adjudication at the Office of Administrative
Trials and Hearings (OATH). This is the second year of a newly implemented metric in which DCWP tracks the rate at which
violations are settled before a case’s original scheduled hearing date. The pre-hearing settlement rate has remained relatively
stable, dropping by two percentage points, from 65 percent to 63 percent, between Fiscal 2019 and Fiscal 2020. DCWP
continues to look for opportunities to make the settlement process even more efficient for businesses.
The total dollar amount of settlements decreased by 32 percent, from $6.4 million to $4.4 million. This is largely due to
the impacts of COVID-19, which greatly reduced the number of open businesses and inspections with violations: part of
the City’s COVID-19 response was to redirect focus of DCWP enforcement activity to price gouging violations. This resulted
in a substantial reduction in the total number of cases in which the Settlement Unit had the opportunity to engage with
businesses. Price gouging is a new violation issued only during states of emergency, so many businesses chose to take the
violations to OATH rather than settle, which also impacted settlement dollar amounts.
Performance Indicators
Actual Target Trend
FY16 FY17 FY18 FY19 FY20 FY20 FY21 5-Year
Desired
Direction
Total settlements ($000) $8,324 $6,530 $5,725 $6,393 $4,357 * * Down *
Cases settled prior to original hearing date (%) 53% 66% 62% 65% 63% * * Up *
« Critical Indicator “NA” Not Available ñò Directional Target * None
Page 138 | MAYOR’S MANAGEMENT REPORT
SERVICE 2 Assist and educate businesses and promote a fair marketplace.
Goal 2a Ensure that business licensing is easy.
DCWP averaged three days to approve more than 20,000 basic license applications and renewals during Fiscal 2020, an
increase in processing time of one day from the previous year. The change can be attributed to logistical challenges presented
by COVID-19 such as the inability to quickly process paperwork in a remote working environment. Despite those challenges
and with the expanded use of the rapid renewal process, which allows for businesses with no violations to renew their
licenses instantly, DCWP exceeded the performance target of four days.
Fiscal 2020 saw the average wait time for consumers visiting walk-in services drop by 37 percent to five minutes. This
improvement in service is largely attributed to continued process improvements and streamlining of back office operations,
as well as a decrease in overall volume at the licensing centers resulting from the statutory cap on new Tobacco Retail Dealer
and Electronic Cigarette Dealer licenses that went into effect in 2019.
Performance Indicators
Actual Target Trend
FY16 FY17 FY18 FY19 FY20 FY20 FY21 5-Year
Desired
Direction
« Basic license application - Average processing time (days) 2 3 4 2 3 4 4 Neutral Down
License applications received online (%) 18% 23% 22% 21% 23% * * Up Up
« Licensing Centers wait time (minutes) 8 8 15 8 5 15 15 Down Down
« Critical Indicator “NA” Not Available ñò Directional Target * None
Goal 2b Educate businesses to help them understand their responsibilities toward consumers and their employees.
DCWP continues to supplement patrol-based education efforts with intensive outreach to help businesses understand
their legal responsibilities. In Fiscal 2020, DCWP educated more than 17,000 businesses through violation-free business
education walks, special events and trainings and Live Chat for Businesses. While this represents a 12 percent decrease from
the previous year, this is mostly attributable to the reduction of reactive one-on-one interactions with businesses through
live chats (1,274 fewer), business education inspections (1,049 fewer), inspections resulting in warnings (789 fewer) and
curable violations (1,307 fewer). However, affirmative direct outreach to businesses, in the form of special events and
trainings, increased by 39 percent, from 5,579 in Fiscal 2019 to 7,793 in Fiscal 2020.
Performance Indicators
Actual Target Trend
FY16 FY17 FY18 FY19 FY20 FY20 FY21 5-Year
Desired
Direction
Businesses educated through direct outreach 13,450 13,305 18,031 19,348 17,089 * * Up Up
« Critical Indicator “NA” Not Available ñò Directional Target * None
SERVICE 3 Educate and empower New Yorkers with low incomes.
Goal 3a Help residents with low incomes achieve financial stability.
Through its Office of Financial Empowerment (OFE), DCWP continued to focus on initiatives that support New Yorkers and
communities with low incomes in building assets and improving their financial health. Fiscal 2020 included several significant
developments in OFE’s programs and services. In December 2019, DCWP expanded the NYC Financial Empowerment
Center program, its signature financial counseling and coaching program, to include new community service providers
and locations. DCWP also continued to serve clients under EmpoweredNYC, an initiative to provide financial counseling
to people with disabilities and their families in collaboration with the Mayor’s Office for People with Disabilities. DCWP
also launched the Driver Resource Center in May 2020 in collaboration with the NYC Taxi and Limousine Commission. In
addition, DCWP kicked off the 2020 season of the New York City Annual Tax Season Initiative, which seeks to increase
awareness of and access to free tax preparation services and valuable tax credits such as the Earned Income Tax Credit and
the New York City Child Care Tax Credit, with 15 contractors. This was an increase of eight contractors from the previous
tax season and services were provided in every borough.
DEPARTMENT OF CONSUMER AND WORKER PROTECTION | Page 139
However, these milestones were severely disrupted, and in turn modified, as activity in New York City came to a halt in midMarch 2020 due to COVID-19 and the New York State PAUSE Order. As a result, OFE’s financial counseling and coaching
programs were transitioned to remote telephone-based services. In-person free tax preparation services through the New
York City Annual Tax Season Initiative were suspended for several weeks while contractors transitioned to virtual services,
where possible. The COVID-19 pandemic and the resulting changes to services had a significant impact on clients served.
OFE’s financial counseling and coaching programs served nearly 6,900 clients during Fiscal 2020, an 18 percent decrease
from Fiscal 2019, and the NYC Free Tax Prep saw 67,132 returns filed during the fiscal year, a 40 percent decrease from
the previous year.
COVID-19 disrupted the number of financial counseling clients served as well as the scope of client interactions as many
clients were dealing with job loss and food insecurity. This, in turn, impacted the number of standard program outcomes
achieved with 21 percent of clients achieving measurable success during Fiscal 2020. Despite this, the cumulative amount
of debt reduced increased by 11 percent, to $79.8 million, and the cumulative amount of accumulated savings rose by 14
percent to $7.9 million.
As New York City continues to recover from the impact of COVID-19 and businesses reopen, OFE is taking steps to ensure
that its critical services are available to help New Yorkers navigate their finances and City, state and federal resources.
Performance Indicators
Actual Target Trend
FY16 FY17 FY18 FY19 FY20 FY20 FY21 5-Year
Desired
Direction
Clients served by Office of Financial Empowerment financial counseling programs 10,290 9,412 10,171 8,405 6,899 * * Down *
– Percent achieving measurable success
(%) 40.0% 39.9% 38.0% 25.0% 21.0% * * Down Up
Total debt reduced by clients ($000)
(cumulative) $43,125 $52,967 $63,473 $71,953 $79,837 * * Up Up
Total savings accumulated ($) (cumulative) $4,094,324 $4,326,485 $5,321,956 $6,877,862 $7,860,236 * * Up Up
Tax returns filed through citywide Tax
Credit Campaign 162,583 112,946 124,778 112,616 67,132 * * Down Up
« Critical Indicator “NA” Not Available ñò Directional Target * None
SERVICE 4 Protect and advocate for workers under the Paid Safe and Sick Leave Law.
Goal 4a Investigate complaints in a timely manner to ensure employers’ compliance with the Paid Safe and Sick
Leave Law.
The Paid Safe and Sick Leave Law is enforced by the Office of Labor Policy & Standards (OLPS), which was established at
DCWP in May 2016. Because of DCWP’s enforcement efforts, employees have become entitled to restitution totaling
$9.4 million.
In Fiscal 2020, the number of complaints received increased slightly, from 261 to 263. The number of cases closed decreased
by 24 percent, from 289 to 220. The amount of employee restitution assessed increased by 14 percent, from $1.54 million
to $1.76 million. The average number of days required to complete investigations declined by two percent, from 247 days
in Fiscal 2019 to 241 days in Fiscal 2020. These trends are due, in part, to an increased focus on securing workplace-wide
restitution for all affected workers and future compliance with the law. As a result, several lengthy investigations involving
large numbers of workers remained open at the close of Fiscal 2020.
Page 140 | MAYOR’S MANAGEMENT REPORT
Performance Indicators
Actual Target Trend
FY16 FY17 FY18 FY19 FY20 FY20 FY21 5-Year
Desired
Direction
Paid Safe and Sick Leave (PSSL) complaints received 335 315 304 261 263 * * Down *
PSSL complaints investigated NA 252 392 289 220 * * NA *
« Average time to resolve PSSL complaint investigations (days) NA 182 280 247 241 ò ò NA Down
Number of employees entitled to restitution 13,675 3,552 8,166 6,691 3,768 * * Down *
Total amount of employee restitution assessed ($) $2,123,391 $1,584,137 $2,189,998 $1,541,095 $1,760,558 * * Down *
Total amount of PSSL fines assessed ($) $1,201,468 $502,168 $489,547 $400,181 $240,003 * * Down *
« Critical Indicator “NA” Not Available ñò Directional Target * None
Goal 4b Assist freelancers in exercising their rights under the Freelance Isn’t Free Law.
The Freelance Isn’t Free Law guarantees freelancers’ rights to written contracts and prompt payment in full and strengthens
their ability to file claims in civil court. OLPS assists freelancers in exercising these rights through its Navigation Program.
This includes assistance with specific complaints as well as provision of general information about freelancers’ rights and
the resources available to enforce them.
In Fiscal 2020, the number of inquiries received increased by seven percent, from 349 to 372. The increase in inquiries may
be due in part to COVID-19 and its impact on businesses ability to fulfil their commitments, as DCWP experienced a 35
percent increase in the number of inquiries received between April and June 2020 compared to the same three months of
Fiscal 2019. The number of complaints received and addressed increased by three percent, from 602 to 619, which may
be attributable to an increase in the rate at which a violation of the Freelance Isn’t Free Law results in a complaint being
filed with DCWP, among other factors. The amount recovered by freelancers decreased from $866,574 to $519,210.
This data is collected through self-reporting by freelance workers during follow-up after their case has closed and are not
necessarily complete.
Performance Indicators
Actual Target Trend
FY16 FY17 FY18 FY19 FY20 FY20 FY21 5-Year
Desired
Direction
Freelance Isn’t Free inquiries received NA NA 255 349 370 * * NA Up
Freelance Isn’t Free complaints received and addressed NA NA 258 602 619 * * NA Up
Amount recovered for Freelance Isn’t Free complainants ($) NA NA $298,915 $866,574 $519,210 * * NA Up
« Critical Indicator “NA” Not Available ñò Directional Target * None
003 - Other than Personal Services $14.7 $13.8 All
Agency Total $42.3 $42.0
¹Comprehensive Annual Financial Report (CAFR) for the Fiscal Year ended June 30, 2019. Includes all funds. ²City of New York Adopted Budget for Fiscal 2020, as of June
Includes all funds. ³Refer to agency goals listed at front of chapter. “NA” Not Available *None
Page 142 | MAYOR’S MANAGEMENT REPORT
NOTEWORTHY CHANGES, ADDITIONS OR DELETIONS !
• On August 28, 2020 the Department of Consumer Affairs (DCA) was legally renamed as the Department of Consumer
and Worker Protection (DCWP), which is more reflective of the Agency’s broadened scope of enforcement of, and
advocacy for, new local laws and regulations that protect the rights of workers.
• Effective August 9, 2020, the licensing requirement for Home Improvement Salespersons was phased out. While this
change did not affect the indicators reported in this year’s report, it is reflected in the total number of businesses that
are required to maintain a DCWP-issued license.
• The Office of Labor Policy & Standards advocates for worker protections and rights under many laws in addition to Paid
Safe and Sick Leave, laws such as Freelance Isn’t Free, Fair Workweek and Commuter Benefits. To reflect its broader
mandate, the description of Service Area 4 has been revised to read “Protect and advocate for workers.”
• Concurrent with expanding the description for Service Area 4, DCWP has introduced Goal 4b, with three new indicators
to track efforts advocating for contract workers under the Freelance Isn’t Free law.
• The numbers reported under Goal 3a, for tax returns filed through the citywide Tax Credit Campaign, are through June
30, 2020, the end of the fiscal year. The 2020 tax season was extended by the Internal Revenue Service through July
15, 2020. The total number of returns filed during the entire tax season was 69,193.
ADDITIONAL RESOURCES
For additional information on items referenced in the narrative, go to: