August 23, This bill would amend Subchapter 14 to impose stricter guidelines for providers and further protect customers against immigration services fraud and unauthorized practice of the law. Additionally, providers would have to post required signage in English, as well as in any languages in which they provide or offer to provide services. Providers would be prohibited from offering and providing services that should only be provided by an attorney, and from making statements that could lead a customer to believe that the provider is an attorney or an immigration expert.
Additionally, this bill would require that the Department of Consumer Affairs DCA provide periodic reports to the Council with information regarding the number, type, source and result of complaints against providers. July 24, In October , the City Council passed Local Law of , which requires hiring parties to make timely payment to freelance workers for services performed pursuant to contract. These rules clarify provisions in the law, establish requirements to implement and meet the goals of the law, and provide guidance to covered hiring parties and protected freelance workers.
May 15, This bill would establish and enhance protections for freelance workers. Individual cause of action would be adjudicated in state court. This bill would also require the Office of Labor Standards OLS to receive complaints, create a navigation program, and to gather data and report on the effectiveness of the law. February 27, A Local Law to amend the New York city charter and the administrative code of the city of New York, in relation to the establishment of a division of paid care.
This bill would establish a new Division of Paid Care within the Office of Labor Standards, recognizing the growing importance of home care and child care workforces, the complex legal and policy issues involved, and the increasing needs of care recipients of every age. The Division would conduct public outreach campaigns and informational clinics to inform paid care workers of their rights; collect and publish information useful for paid care workers; coordinate with governmental agencies, advocacy groups, and other stakeholders; and develop related policies and programs.
An Advocate within the Division, among other responsibilities and working with Division staff, would develop an intake and referral system for paid care workers to submit labor- and employment law-related complaints and would notify appropriate agencies about potential systemic legal violations. The Division would post on its website and submit to the Council certain information annually. The current licensing scheme dates from the early 20th Century and certain activities are not properly regulated. The bill would create a tiered licensing scheme to capture three distinct activities: This bill would create additional requirements related to cleanliness and hygiene for industrial laundries and industrial laundry delivery services.
Industrial laundries would be required to implement procedures to ensure that all laundry is hygienically cleaned and, businesses engaged in industrial laundry delivery would be required to implement procedures to ensure separation of clean and dirty laundry in order to maintain cleanliness.
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Finally, this bill would create a task force to review the industry and the enforcement of the law and make any recommendations to the Council and the Mayor. January 27, This bill would grant an exemption to the current laws that require street vendors to secure a license before vending goods and services on the streets of New York. This bill would allow individuals to sell plants and flowers on the day of the Asian Lunar New Year and during the seven days prior. January 7, The City Council enacted Local Laws 79 and 80 of amending Section of the New York City Administrative Code to require, among other things, that all gasoline stations that post road signs include on their signs the price of the lowest grade of gasoline offered for sale, and if the cash price is less than the price charged for other forms of payment, the price for each type of accepted payment.
November 10, The rules clarify provisions in the law, establish requirements to implement and meet the goals of the law, and provide guidance to covered grocery establishments and protected employees. October 26, The rules establish requirements to implement the Law.
October 2, The rule establishes a waiting list for general vendor licenses for individuals not exempt from the licensing requirement; specifies the procedure for DCA to notify individuals of the existence of the waiting list and the manner in which a position on the list may be requested; specifies the system by which prospective applicants will be assigned ranks on the waiting list; and specifies the procedures pursuant to which DCA will notify prospective applicants of their eligibility to submit general vendor applications.
September 7, These rules define the penalties to be imposed when the department finds a violation of the Mass Transit Benefits Law and provide guidance to employers about recordkeeping requirements and the right to cure violations. August 31, This bill would require DCA to provide information to immigrants on consumer protection issues, including: August 31, This bill would require the New York City Department of Consumer Affairs DCA to establish and engage in outreach and educational efforts around consumer protection issues relevant to individuals sixty years of age and older.
This outreach would include information about such issues as telemarketing and internet fraud, Social Security, Medicare and healthcare fraud, reverse mortgage products, and investment schemes. The bill would further require DFTA to ensure that materials created as part of this initiative are made available at all senior centers and naturally occurring retirement communities in the city. August 31, This bill would require DCA to establish and implement an outreach and education program for women on consumer protection issues. August 6, Section of Chapter 64 of the Charter of the City of New York authorizes the Commissioner to enforce laws prohibiting deceptive trade practices, and, upon notice and hearing, to impose civil penalties for the violation of such laws.
Section h 3 provides that no act or practice shall be deemed a deceptive trade practice unless it has been declared as such, and described with reasonable particularity in a law or rule promulgated by the Commissioner. Pursuant to Title 20 of the New York City Administrative Code, the Department regulates merchants in New York City and promulgates rules and regulations to protect consumers in the marketplace. Article 28 of the New York State Tax law specifies the categories of goods and services that are subject to sales and use taxes.
The proposed rule is necessary to declare that collection of sales taxes on goods and services that are not subject to such tax laws shall be a deceptive trade practice for purposes of Section of Subchapter 1 of Chapter 5 of Title 20 of the New York City Administrative Code. Additionally, the Department has found that second-hand automobile dealers frequently park, store or display vehicles in public spaces, such as sidewalks and streets, which interferes with pedestrian use and creates blockage, congestion and potential safety hazards.
The rule clarifies that second-hand automobile dealers cannot park, store or display vehicles in public spaces and ensures that second-hand automobile dealers park them in a manner that is safe and does not interfere with the flow of pedestrian traffic. Local Law Effective Date: August 1, The bill would require that anyone selling tickets for any place of entertainment, mode of transportation, or sight-seeing tour in a public space have a ticket seller license issued by the Department of Consumer Affairs.
June 25, New Rule allows general vendors with disabilities that impair their ability to operate a general vending business to use helpers as long as they obtain authorization from the Department. June 23, Section of the Administrative Code of the City of New York the Prevailing Wage Law , added by Local Law 27 of , requires certain developers receiving City financial assistance and certain lessors leasing commercial office space or commercial office facilities to the City to pay their building service employees the prevailing wage.
New Laws & Rules - DCA
These rules clarify provisions in the Prevailing Wage Law, establish requirements to implement the law and meet its goals, and provide guidance to employers and employees. June 5, This law eliminates the requirement that a person must first secure a license from DCA before operating a motion picture projection machine. Employees are to be kept by the new owner for ninety days. After the transition period, the new employer must evaluate each employee and consider keeping them as employees. April 22, Local Law 44 of amended Section of Title 20 of the New York City Administrative Code to require secondhand dealers in automobiles operating in New York City to display the total selling price for each automobile offered for sale and the price of specified add-on products and to disclose that the purchase of add-on products is optional.
Section of the New York City Administrative Code requires dealers who sell both secondhand and new items to post a sign to that effect. Section , as amended by Local Law 44, requires such dealers to label secondhand articles to inform the public that the items are not new. Currently, the laws and rules applicable to secondhand dealers in automobiles do not specify the language that may be used in the total selling price signs, or the requirements for posting the signs.
The rule would provide examples of language that may be used to describe automobiles, products and parts that are not new. March 4, These rules clarify parts of the Earned Sick Time Act, establish requirements to carry it out and meet its goals pursuant to authority delegated to the Department of Consumer Affairs by the Act, and providing guidance to covered employers and protected employees.
January 1, Beginning January 1, , for-profit and nonprofit employers with 20 or more full-time non-union employees in New York City must offer their full-time employees the opportunity to use pre-tax income to pay for their commute. Kahneman and Tversky originally covered this topic in their landmark article titled Judgment under Uncertainty: Kahneman uses heuristics to assert that System 1 thinking involves associating new information with existing patterns, or thoughts, rather than creating new patterns for each new experience.
For example, a child who has only seen shapes with straight edges would experience an octagon rather than a triangle when first viewing a circle. In a legal metaphor, a judge limited to heuristic thinking would only be able to think of similar historical cases when presented with a new dispute, rather than seeing the unique aspects of that case. In addition to offering an explanation for the statistical problem, the theory also offers an explanation for human biases.
The "anchoring effect" names our tendency to be influenced by irrelevant numbers. This is an important concept to have in mind when navigating a negotiation or considering a price. As an example, most people, when asked whether Gandhi was more than years old when he died, will provide a much larger estimate of his age at death than others who were asked whether Gandhi was more or less than 35 years old.
Experiments show that our behavior is influenced, much more than we know or want, by the environment of the moment. The availability heuristic is a mental shortcut that occurs when people make judgments about the probability of events on the basis of how easy it is to think of examples. The availability heuristic operates on the notion that, "if you can think of it, it must be important. In other words, the easier it is to recall the consequences of something, the greater we perceive these consequences to be.
Sometimes, this heuristic is beneficial, but the frequencies at which events come to mind are usually not accurate reflections of the probabilities of such events in real life. System 1 is prone to substituting a difficult question with a simpler one. In what Kahneman calls their "best-known and most controversial" experiment, "the Linda problem ," subjects were told about an imaginary Linda, young, single, outspoken, and very bright, who, as a student, was deeply concerned with discrimination and social justice. They asked whether it was more probable that Linda is a bank teller or that she is a bank teller and an active feminist.
The overwhelming response was that "feminist bank teller" was more likely than "bank teller," violating the laws of probability. Every feminist bank teller is a bank teller. In this case System 1 substituted the easier question, "Is Linda a feminist?
An alternative view is that the subjects added an unstated cultural implicature to the effect that the other answer implied an exclusive or xor , that Linda was not a feminist. Kahneman writes of a "pervasive optimistic bias ", which "may well be the most significant of the cognitive biases. A natural experiment reveals the prevalence of one kind of unwarranted optimism.
New Laws & Rules
The planning fallacy is the tendency to overestimate benefits and underestimate costs, impelling people to take on risky projects. This theory states that when the mind makes decisions, it deals primarily with Known Knowns , phenomena it has already observed. It rarely considers Known Unknowns , phenomena that it knows to be relevant but about which it has no information. Finally it appears oblivious to the possibility of Unknown Unknowns , unknown phenomena of unknown relevance. He explains that humans fail to take into account complexity and that their understanding of the world consists of a small and necessarily un-representative set of observations.
Furthermore, the mind generally does not account for the role of chance and therefore falsely assumes that a future event will mirror a past event. Framing is the context in which choices are presented. The first framing increased acceptance, even though the situation was no different. Rather than consider the odds that an incremental investment would produce a positive return, people tend to "throw good money after bad" and continue investing in projects with poor prospects that have already consumed significant resources.
In part this is to avoid feelings of regret. This section of the book is dedicated to the undue confidence in what the mind believes it knows. It suggests that people often overestimate how much they understand about the world and underestimate the role of chance in particular. This is related to the excessive certainty of hindsight, when an event appears to be understood after it has occurred or developed.
Kahneman's views on overconfidence are influenced by Nassim Nicholas Taleb. In this section Kahneman returns to economics and expands his seminal work on Prospect Theory.
He discusses the tendency for problems to be addressed in isolation and how, when other reference points are considered, the choice of that reference point called a frame has a disproportionate impact on the outcome. This section also offers advice on how some of the shortcomings of System 1 thinking can be avoided. Kahneman developed prospect theory, the basis for his Nobel prize, to account for experimental errors he noticed in Daniel Bernoulli 's traditional utility theory.
One example is that people are loss-averse: Another example is that the value people place on a change in probability e. This occurs despite the fact that under traditional utility theory all three changes give the same increase in utility. Consistent with loss-aversion, the order of the first and third of those is reversed when the event is presented as losing rather than winning something: After the book's publication, the Journal of Economic Literature published a thorough discussion of its take on prospect theory,  as well as an analysis of the four fundamental factors that it rests on.
The fifth part of the book describes recent evidence which introduces a distinction between two selves, the 'experiencing self' and 'remembering self'. Kahneman proposed an alternative measure that assessed pleasure or pain sampled from moment to moment, and then summed over time. Kahneman called this "experienced" well-being and attached it to a separate "self. He found that these two measures of happiness diverged. The author's significant discovery was that the remembering self does not care about the duration of a pleasant or unpleasant experience.
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