N.Y. Labor Law Section 33
Service of notice

1.

Notwithstanding any other law, rule, or regulation, whenever the commissioner or board or any person affected by the provisions of this chapter is required to give notice in writing to any person, such notice may be given by mailing it in a letter addressed to the last known place of business of such person, by delivering it to the person personally, or by electronic communication with the consent of the person in accordance with subdivision two of this section. Notice to a partnership may be given to any of the partners, notice to a corporation may be given to any officer or agent thereof, and notice to a limited liability company may be given to any member or agent thereof, upon whom a summons may be served as provided by the civil practice law and rules, or by electronic communication with the consent of the entity in accordance with subdivision two of this section. Consent for any entity may be provided by a partner, officer, agent, member, owner, or other similar individual. Whenever an order or demand of the department is required to be served it shall be served in the manner hereinbefore provided for the service of a notice, by delivering it to any person of suitable age and discretion in charge of the premises affected by such order or demand, or by electronic communication with the consent of the person in accordance with subdivision two of this section, or if no person is found in charge by affixing a copy thereof conspicuously upon the premises.

2.

For the purposes of this section, a person or entity shall be deemed to have consented to electronic communication if, having been advised conspicuously that enrollment or registration is voluntary and that they may continue to receive notices by mail or personal service as provided in this section, they instead affirmatively choose to receive notices by electronic communications only.

Source: Section 33 — Service of notice, https://www.­nysenate.­gov/legislation/laws/LAB/33 (updated Aug. 6, 2021; accessed Oct. 26, 2024).

10
Department of labor 10‑A
Domestic violence policy 10‑B
Domestic violence employee awareness and assistance 10‑C
Workforce guidance and information for women initiative 11
Deputy commissioner 12
Transmission of labor market information 12‑C
Passenger tramway advisory council 12‑D
Advisory council on farm labor safety 13
Oaths of office 14
Offices of the department 15
Seal 16
Vacancies and removals 17
Expenses 18
Officers and employees 18‑C
Sick leave for per diem employees 20
Divisions or bureaus 21
General powers and duties of commissioner 21‑A
The industrial commissioner is hereby authorized to enter into agreements with the appropriate agencies of the United States, whereby, in... 21‑B
Power of the industrial commissioner to make agreements for federal reimbursement to the state of certain expenses in connection with vet... 21‑C
Power of commissioner to enter into agreements relating to certain federal acts 21‑D
Power of commissioner to enter into agreement relating to information obtained by the state directory of new hires 21‑E
Powers of the commissioner to prepare and issue a notice to be posted at worksite 21‑F
Job transition plan for certain climate risk-related and energy transition projects 23
Administrative regulations 24
Delegation of powers by commissioner 25
Power to enter and inspect premises 25‑A
Power to administer the New York youth jobs program tax credit 25‑B
Power to administer the workers with disabilities tax credit program 25‑C
Power to administer the empire state apprenticeship tax credit program 26
Examination of books and papers 27
Safety and health standards 27‑A
Safety and health standards for public employees 27‑B
Duty of public employers to develop and implement programs to prevent workplace violence 27‑C
Preparation of public employers for state disaster emergencies involving public health 27‑D
Workplace safety committees 27‑E
Prevention of retail workplace violence 29
Procedure for issuing safety and health rules 30
Variations 31
Duty to furnish information and facilitate inspections 32
Interference with officer or employee of department prohibited 33
Service of notice 34
Department to keep record and publish bulletin of licenses 35
Maintenance of records 36
Destruction of old records 37
Department’s process to be in its name 38
Oaths and affidavits 39
Hearings and subpoenas 40
Proceedings before officers or employees 41
Rules governing hearings 42
Youth education, employment and training program 43
Transfer of funds to the unemployment insurance occupational training fund 44
Workplace fatality registry
Green check means up to date. Up to date

Accessed:
Oct. 26, 2024

Last modified:
Aug. 6, 2021

§ 33’s source at nysenate​.gov

Link Style