On-call scheduling inquiry
| Tracking # |
G000490-072423 |
| Submitted | July 21, 2023 |
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Communications
From: Peter Fugiel
To Whom It May Concern:
Pursuant to the New York Freedom of Information Law, I hereby request the following records:
All letters, emails, and documents related to Attorney General Eric Schneiderman's 2014 request for information regarding "on call shifts" at retailers such as Abercrombie & Fitch, Gap, Target, and TJX Companies.
This request is being made for non-commercial research purposes and the requested documents will be made available to the general public.
In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer that the request be filled electronically by e-mail attachment if possible.
Thank you for your assistance with this request. I look forward to receiving your response within 5 business days, as the statute requires.
Sincerely,
Peter Fugiel
Postdoctoral Research Fellow
Rutgers School of Management & Labor Relations
From: Office of the Attorney General - New York
Re: FOIL Request #G000490-072423
Dear Mr. Fugiel:
This is an automated reply to your above-referenced FOIL request. Please do not respond to this message.
Within five business days, you will receive a written acknowledgment of the receipt of your request with a statement of the approximate date when your request will be granted or denied.
New York State Office of the Attorney General
Please visit the NYS OAG FOIL
From: Office of the Attorney General - New York
July 31, 2023 RE: Freedom of Information Law (FOIL) Request Reference # G000490-072423 Dear Mr. Fugiel: Pursuant to Public Officers Law §89(3)(a), the Office of the Attorney General acknowledges receipt of the above-referenced FOIL request. We are performing a diligent search for the records you request. We will notify you of the status of your request on or before August 28, 2023. If we should locate any documents that respond to your request, and if we provide them in electronic format, we will notify you of any fee in advance. If we provide paper copies, we will also notify you of any fee in advance; for paper copies, the first five pages would be provided free of charge, and the cost for the remaining pages would be $.25 per page. Sincerely, Abisola Fatade Assistant Attorney General
From: Office of the Attorney General - New York
August 28, 2023
RE: Freedom of Information Law (FOIL) Request Reference # G000490-072423
Dear Mr. Fugiel:
Please be advised that we are diligently engaged in the process of completing our response to the above-referenced FOIL request. We estimate that, by September 11, 2023, we will be able to begin producing to you the records that respond to your request. This additional time is needed for the following reasons: • the age of the records that may respond to your request; • the volume of records that must be reviewed in order to respond to your request; and • the detailed nature of the review required to respond to your request. We will contact you on or before the date mentioned. Thank you for your cooperation in this matter. Sincerely, Abisola Fatade Assistant Attorney General
Please visit the NYS OAG FOIL Request Center to view frequently asked questions, monitor request progress, and submit future requests.
View this request in the My Request Center.
From: Peter Fugiel
Dear Assistant Attorney General Fatade,
Thank you for the update on the status of my request. I look forward to learning more by September 11, 2023.
Best regards,
Peter Fugiel
From: Muckrock Staff
To Whom It May Concern:
I'm following up on the following New York Freedom of Information Law request, copied below, and originally submitted on July 24, 2023. You had previously indicated that it would be completed on Sept. 11, 2023. I wanted to check on the status of my request, and to see if there was a new estimated completion date. You had assigned it reference number #G000490-072423.
Thanks for your help, and let me know if further clarification is needed.
From: Office of the Attorney General - New York
September 12, 2023 RE: Freedom of Information Law (FOIL) Request Reference # G000490-072423 Dear Mr. Fugiel: This email is in response to the above-referenced FOIL request. The Office of the Attorney General is conducting a diligent search for the records that you have requested. Please access this request in the NYS OAG FOIL Request Center to retrieve records that respond to your request. Please be advised that this is our initial response to the above-referenced request. We intend to continue producing records to you on a rolling basis until we have provided all additional, responsive, and non-exempt records and issued our final determination of your FOIL request. We estimate that, by December 11, 2023, we will be able to produce to you the next installment of responsive records. Sincerely, Abisola Fatade Assistant Attorney General
Please visit the NYS OAG FOIL Request Center to view frequently asked questions, monitor request progress, and submit future requests.
View this request in the My Request Center.
From: Peter Fugiel
Dear Assistant Attorney General Fatade,
Thank you for your initial response to my request. I am following up to see if you can provide another installment of responsive records this week as estimated. I am eager to continue my research on this matter.
Sincerely,
Peter Fugiel, PhD
From: Office of the Attorney General - New York
December 15, 2023 RE: Freedom of Information Law (FOIL) Request Reference # G000490-072423 Dear Mr. Fugiel: This email is in response to the above-referenced FOIL request. The Office of the Attorney General is conducting a diligent search for the records that you have requested. Please access this request in the NYS OAG FOIL Request Center to retrieve records that respond to your request. Please be advised that this is our second response to the above-referenced request. We intend to continue producing records to you on a rolling basis until we have provided all additional, responsive, and non-exempt records and issued our final determination of your FOIL request. We estimate that, by January 11, 2024, we will be able to produce to you the next installment of responsive records. Sincerely, Abisola Fatade Assistant Attorney General
Please visit the NYS OAG FOIL Request Center to view frequently asked questions, monitor request progress, and submit future requests.
View this request in the My Request Center.
From: Office of the Attorney General - New York
January 11, 2024 RE: Freedom of Information Law (FOIL) Request Reference # G000490-072423 Dear Mr. Fugiel: This email is in response to the above-referenced FOIL request. The Office of the Attorney General has conducted a diligent search for the records that you have requested and we have determined that all of the records that respond to your request have been provided to you. Please be advised that some of the records that respond to your request have been withheld in their entirety, or portions have been redacted and appear as blacked out in the documents produced to you. These records, or portions of records, are exempt from disclosure pursuant to: • Public Officers Law § 87(2)(a), which provides that records that are exempted from disclosure by state or federal statute are exempt from disclosure under FOIL. The records constitute attorney work product, which is exempt from disclosure under Civil Practice Law and Rules § 3101(c); and • Public Officers Law § 87(2)(b), because their disclosure would constitute an unwarranted invasion of personal privacy. You have a right to appeal the foregoing decision. If you elect to do so, you must appeal in writing, within 30 days, to Kathryn Sheingold, Records Appeals Officer. Your appeal can be sent by email to FOIL.Appeals@ag.ny.gov or by mail to State of New York, Office of the Attorney General, Division of Appeals and Opinions, The Capitol, Albany, New York 12224. You can reach the Records Appeals Officer by telephone at (518) 776-2009. This FOIL request is now closed. Sincerely, Abisola Fatade Assistant Attorney General
Please visit the NYS OAG FOIL Request Center to view frequently asked questions, monitor request progress, and submit future requests.
View this request in the My Request Center.
From:
Dear Ms. Sheingold,
Please find attached a letter appealing the withholding of records
responsive to a FOIL request (G000490-072423) recently closed by Assistant
Attorney General Abisola Fatade. I am seeking the release of all responsive
records or an itemized list of the reasons why certain records were
withheld. I have copied Ms. Fatade and the MuckRock.com webpage
<https://www.muckrock.com/foi/new-york-16/on-call-scheduling-inquiry-149713/>
on which I am compiling all correspondence and files related to this
request. Please let me know if you have any difficulty accessing these
files or require additional documentation.
Thank you,
*Peter Fugiel, PhD* | Postdoctoral Research Fellow
Department of Labor Studies and Employment Relations
Rutgers School of Management and Labor Relations
From: Office of the Attorney General - New York
---------- Forwarded message ---------
From: FOIL Administrative Appeals <FOIL.Appeals@ag.ny.gov>
Date: Fri, Jan 26, 2024 at 5:18 AM
Subject: RE: Appeal of FOIL Request (G000490-072423)
To: Peter Fugiel <peter.fugiel@rutgers.edu>
Good morning, Mr. Fugiel.
Thank you for providing the link to the records you already have. In
reviewing them, we noticed that the attached letters from Terri Gerstein to
retailers were not all included. I apologize for that oversight.
I am confident that the Labor Bureau has not just diligently but
exhaustively searched its files for responsive records, and I will include
a statement of the search in my final determination. But, because the
letters from Ms. Gerstein indicate that retailers’ responses may have been
emailed to her, and the Labor Bureau has not located responses from many
retailers, I have asked our IT department to search Ms. Gerstein’s archived
email directory to confirm that she did not receive responses that were not
saved to the network directory accessible to the Labor Bureau. I hope to
have the search results by Monday, January 29, which is the date by which
my determination is due, but I trust you will understand if my
determination is a few days late because of the search.
Sincerely,
*Kathryn Sheingold*
*FOIL Appeals Officer*
*She|Her|Hers*
New York State Office of the Attorney General
Bureau of Appeals & Opinions
The Capitol
Albany, NY 12224-0341
(518) 776-2049
*From:* Peter Fugiel <peter.fugiel@rutgers.edu>
*Sent:* Friday, January 12, 2024 3:26 PM
*To:* FOIL Administrative Appeals <FOIL.Appeals@ag.ny.gov>
*Cc:* requests@muckrock.com; Fatade, Abisola <
Abisola.Fatade@ag.ny.gov>
*Subject:* Appeal of FOIL Request (G000490-072423)
*[EXTERNAL]*
Dear Ms. Sheingold,
Please find attached a letter appealing the withholding of records
responsive to a FOIL request (G000490-072423) recently closed by Assistant
Attorney General Abisola Fatade. I am seeking the release of all responsive
records or an itemized list of the reasons why certain records were
withheld. I have copied Ms. Fatade and the MuckRock.com webpage
<https://urldefense.com/v3/__https:/www.muckrock.com/foi/new-york-16/on-call-scheduling-inquiry-149713/__;!!Ke5ujdWW74OM!9fFse0H_tN0P1cWP0CXNA36qpv7MgpN1adAgz_9L8K0vtWoSk33Mc3pGWJ7WlPM46fMNJNQNg0DmUNxOX0vIWpIu5psvRUs$>
on which I am compiling all correspondence and files related to this
request. Please let me know if you have any difficulty accessing these
files or require additional documentation.
Thank you,
*Peter Fugiel, PhD* | Postdoctoral Research Fellow
Department of Labor Studies and Employment Relations
Rutgers School of Management and Labor Relations
*IMPORTANT NOTICE: *This e-mail, including any attachments, may be
confidential, privileged or otherwise legally protected. It is intended
only for the addressee. If you received this e-mail in error or from
someone who was not authorized to send it to you, do not disseminate, copy
or otherwise use this e-mail or its attachments. Please notify the sender
immediately by reply e-mail and delete the e-mail from your system.
From: Office of the Attorney General - New York
Good afternoon Ms. Sheingold,
Thank you for confirming that the OAG has additional records responsive to
my request. I appreciate your assistance in searching the archived emails
from Ms. Gerstein's account as well as the network directory accessible to
the Labor Bureau. I would be happy to receive any retailer responses or
other records related to the 2015 inquiry into on-call shifts once this
further search and your review are completed. Thoroughness matters more to
me than speed.
Sincerely,
Peter Fugiel
From: Office of the Attorney General - New York
---------- Forwarded message ---------
From: FOIL Administrative Appeals <FOIL.Appeals@ag.ny.gov>
Date: Mon, Jan 29, 2024 at 4:00 PM
Subject: OAG FOIL determination (Fugiel G000490-072423)
To: Peter Fugiel <peter.fugiel@rutgers.edu>
Cc: coog@dos.ny.gov <coog@dos.ny.gov>
Dear Mr. Fugiel:
Please find my determination of your administrative appeal attached.
Sincerely,
*Kathryn Sheingold*
*FOIL Appeals Officer*
*She|Her|Hers*
New York State Office of the Attorney General
Bureau of Appeals & Opinions
The Capitol
Albany, NY 12224-0341
(518) 776-2049
*From:* Peter Fugiel <peter.fugiel@rutgers.edu>
*Sent:* Friday, January 12, 2024 3:26 PM
*To:* FOIL Administrative Appeals <FOIL.Appeals@ag.ny.gov>
*Cc:* requests@muckrock.com; Fatade, Abisola <
Abisola.Fatade@ag.ny.gov>
*Subject:* Appeal of FOIL Request (G000490-072423)
*[EXTERNAL]*
Dear Ms. Sheingold,
Please find attached a letter appealing the withholding of records
responsive to a FOIL request (G000490-072423) recently closed by Assistant
Attorney General Abisola Fatade. I am seeking the release of all responsive
records or an itemized list of the reasons why certain records were
withheld. I have copied Ms. Fatade and the MuckRock.com webpage
<https://urldefense.com/v3/__https:/www.muckrock.com/foi/new-york-16/on-call-scheduling-inquiry-149713/__;!!Ke5ujdWW74OM!9fFse0H_tN0P1cWP0CXNA36qpv7MgpN1adAgz_9L8K0vtWoSk33Mc3pGWJ7WlPM46fMNJNQNg0DmUNxOX0vIWpIu5psvRUs$>
on which I am compiling all correspondence and files related to this
request. Please let me know if you have any difficulty accessing these
files or require additional documentation.
Thank you,
*Peter Fugiel, PhD* | Postdoctoral Research Fellow
Department of Labor Studies and Employment Relations
Rutgers School of Management and Labor Relations
*IMPORTANT NOTICE: *This e-mail, including any attachments, may be
confidential, privileged or otherwise legally protected. It is intended
only for the addressee. If you received this e-mail in error or from
someone who was not authorized to send it to you, do not disseminate, copy
or otherwise use this e-mail or its attachments. Please notify the sender
immediately by reply e-mail and delete the e-mail from your system.
From: Office of the Attorney General - New York
Dear Ms. Scheingold,
Thank you for reviewing my request and providing this determination. I am
particularly grateful for the earlier disclosure of letters from Ms.
Gerstein that were inadvertently omitted from OAG's production. I wonder if
you might be able to clarify a couple points of confusion, based on your
understanding of the records retained and provided by OAG.
1. Were the earliest inquiry letters (dated April 10, 2014) actually
sent by Ms. Gerstein in 2015? This would help explain why all subsequent
correspondence and reporting on this matter dates from 2015 or later. Since
you are the one who provided me with these records, I hope it will not be
too much trouble for you to verify the date.
2. Is it possible that additional records responsive to my request
have not been retained by OAG? This would help explain why there is no
response whatsoever from Gap, Inc. in the records provided, despite public
statements by Eric Schniederman and company spokespeople announcing the end
of on-call scheduling (e.g.
https://web.archive.org/web/20150828020552/http://www.ag.ny.gov/press-release/ag-schneiderman-announces-end-call-scheduling-gap-inc-stores).
I find it hard to believe that such a coordinated announcement would occur
with no written communication between Gap and OAG.
I appreciate your continued attention to this matter and whatever light you
can shed on my remaining questions. If there are reference materials such
as the agency's records retention policy that might help answer these
questions, I would also welcome an electronic copy or web link to these
materials. Such information would be very helpful in making sense of the
gaps and inconsistencies in the records provided.
Sincerely,
Peter Fugiel
From: Office of the Attorney General - New York
---------- Forwarded message ---------
From: FOIL Administrative Appeals <FOIL.Appeals@ag.ny.gov>
Date: Tue, Jan 30, 2024 at 7:35 AM
Subject: RE: OAG FOIL determination (Fugiel G000490-072423)
To: Peter Fugiel <peter.fugiel@rutgers.edu>
Good morning, Mr. Fugiel.
I believe that you are correct, that the letters dated April 10, *2014*,
were misdated and were actually sent April 10, *2015*. That explanation is
most consistent with press reports of the OAG’s investigation and with the
time period for response included in the letters (one month versus 13
months).
I also think that some companies decided to stop the on call shift practice
without submitting a written response to Ms. Gerstein. Our record
retention policy wouldn’t distinguish between written responses to the same
inquiry from different companies. Perhaps the communication with Gap
occurred by phone. From the press release: “Today, *following discussions
with my office*, Gap, Inc. . . . “
Sincerely,
*Kathryn Sheingold*
*FOIL Appeals Officer*
*She|Her|Hers*
New York State Office of the Attorney General
Bureau of Appeals & Opinions
The Capitol
Albany, NY 12224-0341
(518) 776-2049
*From:* Peter Fugiel <peter.fugiel@rutgers.edu>
*Sent:* Monday, January 29, 2024 5:10 PM
*To:* FOIL Administrative Appeals <FOIL.Appeals@ag.ny.gov>
*Cc:* coog@dos.ny.gov; requests@muckrock.com
*Subject:* Re: OAG FOIL determination (Fugiel G000490-072423)
Dear Ms. Scheingold,
Thank you for reviewing my request and providing this determination. I am
particularly grateful for the earlier disclosure of letters from Ms.
Gerstein that were inadvertently omitted from OAG's production. I wonder if
you might be able to clarify a couple points of confusion, based on your
understanding of the records retained and provided by OAG.
1. Were the earliest inquiry letters (dated April 10, 2014) actually
sent by Ms. Gerstein in 2015? This would help explain why all subsequent
correspondence and reporting on this matter dates from 2015 or later. Since
you are the one who provided me with these records, I hope it will not be
too much trouble for you to verify the date.
2. Is it possible that additional records responsive to my request
have not been retained by OAG? This would help explain why there is no
response whatsoever from Gap, Inc. in the records provided, despite public
statements by Eric Schniederman and company spokespeople announcing the end
of on-call scheduling (e.g.
https://web.archive.org/web/20150828020552/http://www.ag.ny.gov/press-release/ag-schneiderman-announces-end-call-scheduling-gap-inc-stores
<https://urldefense.com/v3/__https:/web.archive.org/web/20150828020552/http:/*www.ag.ny.gov/press-release/ag-schneiderman-announces-end-call-scheduling-gap-inc-stores__;Lw!!Ke5ujdWW74OM!8gCGFUmfZkNT6GuMbefVv-SeToWbZQCpkroC6I8zXjeE_EPb1XIvq3bMVUm_QUIyjqC72u1UYuhXRSh_2-jGVvJoEZnu_qM$>).
I find it hard to believe that such a coordinated announcement would occur
with no written communication between Gap and OAG.
I appreciate your continued attention to this matter and whatever light you
can shed on my remaining questions. If there are reference materials such
as the agency's records retention policy that might help answer these
questions, I would also welcome an electronic copy or web link to these
materials. Such information would be very helpful in making sense of the
gaps and inconsistencies in the records provided.
Sincerely,
Peter Fugiel
On Mon, Jan 29, 2024 at 4:00 PM FOIL Administrative Appeals <
FOIL.Appeals@ag.ny.gov> wrote:
Dear Mr. Fugiel:
Please find my determination of your administrative appeal attached.
Sincerely,
*Kathryn Sheingold*
*FOIL Appeals Officer*
*She|Her|Hers*
New York State Office of the Attorney General
Bureau of Appeals & Opinions
The Capitol
Albany, NY 12224-0341
(518) 776-2049
*From:* Peter Fugiel <peter.fugiel@rutgers.edu>
*Sent:* Friday, January 12, 2024 3:26 PM
*To:* FOIL Administrative Appeals <FOIL.Appeals@ag.ny.gov>
*Cc:* requests@muckrock.com; Fatade, Abisola <
Abisola.Fatade@ag.ny.gov>
*Subject:* Appeal of FOIL Request (G000490-072423)
*[EXTERNAL]*
Dear Ms. Sheingold,
Please find attached a letter appealing the withholding of records
responsive to a FOIL request (G000490-072423) recently closed by Assistant
Attorney General Abisola Fatade. I am seeking the release of all responsive
records or an itemized list of the reasons why certain records were
withheld. I have copied Ms. Fatade and the MuckRock.com webpage
<https://urldefense.com/v3/__https:/www.muckrock.com/foi/new-york-16/on-call-scheduling-inquiry-149713/__;!!Ke5ujdWW74OM!9fFse0H_tN0P1cWP0CXNA36qpv7MgpN1adAgz_9L8K0vtWoSk33Mc3pGWJ7WlPM46fMNJNQNg0DmUNxOX0vIWpIu5psvRUs$>
on which I am compiling all correspondence and files related to this
request. Please let me know if you have any difficulty accessing these
files or require additional documentation.
Thank you,
*Peter Fugiel, PhD* | Postdoctoral Research Fellow
Department of Labor Studies and Employment Relations
Rutgers School of Management and Labor Relations
*IMPORTANT NOTICE: *This e-mail, including any attachments, may be
confidential, privileged or otherwise legally protected. It is intended
only for the addressee. If you received this e-mail in error or from
someone who was not authorized to send it to you, do not disseminate, copy
or otherwise use this e-mail or its attachments. Please notify the sender
immediately by reply e-mail and delete the e-mail from your system.
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