N.Y. Comp. Codes R. & Regs. tit. 9 § 5107.2

Current through Register Vol. 46, No. 45, November 2, 2024

Section 5107.2 - Jobs compendium submission

(a) The video lottery gaming agent shall prepare and maintain a jobs compendium consistent with the requirements of this section detailing job descriptions and lines of authority for all personnel engaged in the operation of the video lottery gaming facility. Unless otherwise directed by the commission, a jobs compendium shall be submitted for approval at least 60 days prior to the projected date of the commencement of video lottery gaming operations. Upon receipt, the commission shall review the jobs compendium and shall determine whether the job descriptions and tables of organization contained therein conform to the standards of this Part. If the commission finds insufficiencies, the commission shall, in writing, specify the same to the video lottery gaming agent, which shall make appropriate alterations. When the commission determines the submission to be adequate with respect to these standards, it shall notify the video lottery gaming agent of such in writing. The video lottery gaming agent shall not commence gaming operations unless and until the jobs compendium of such agent is approved in writing by the commission.

(b) Each jobs compendium submitted by a video lottery gaming agent shall include the following sections, in the order listed:

(1) an alphabetical table of contents, listing the position, title, job code and type of license (i.e., principal, key, etc.) for each job description included in paragraph (b)(3) of this section, and the page number on which the corresponding job description may be found;

(2) an organization chart for each department, including all positions regardless of whether the positions require an occupational license, and illustrating, by position title, direct and indirect lines of authority within the department. Each page of a table of organization shall specify the following:

(i) the date of its submission;

(ii) the date of the previously submitted table of organization that it supersedes if any; and

(iii) a unique title or other identifying designation for that table of organization;

(3) a description of each employee position that accurately corresponds to the position title as listed in the table of organization and in the alphabetical table of contents. Each position description shall be contained on a separate page, organized by departments, and shall include, at a minimum, the following:

(i) position title and corresponding department;

(ii) salary range;

(iii) job duties and responsibilities;

(iv) detailed descriptions of experience or educational requirements;

(v) projected number of employees in the position;

(vi) the date of submission of each employee position job description and the date of any prior job description it supersedes;

(vii) the date of submission and page number of each table of organization on which the employee position title is included; and

(viii) the type of license (i.e., principal, key, etc.).

(b) Except as otherwise provided in subdivision (d) of this section, any amendment to a previously submitted jobs compendium, including any amendment to a table of organization, may be implemented by the video lottery gaming agent without the prior approval of the commission, provided that:

(1) the amendment is immediately recorded in the jobs compendium maintained by the video lottery gaming agent on the premises of such agent; and

(2) the amendment is submitted to the commission by the end of the business day on the date of implementation, including at a minimum, the following:

(i) a detailed cover letter listing by department each position title to which modifications have been made, a brief summary of each change, instructions regarding any changes in page numbers and the date of implementation; and

(ii) the proposed changes to the information required by this subdivision, including the corresponding job descriptions and tables of organization, contained on pages that may be used to substitute for those sections of the jobs compendium previously in writing by the commission;

(3) the video lottery gaming agent shall not be required to file amendments to job descriptions for positions that do not require an employee license. Non-licensed positions subsequently determined or required to be licensed shall be treated as an amendment pursuant to subdivision (c) of this section;

(4) except as otherwise required by these regulations, the video lottery gaming agent shall submit a complete and up-to-date jobs compendium in accordance with subdivision (a) of this section to the commission 18 months after commencement of gaming and every two years thereafter, unless otherwise directed by the commission;

(5) the video lottery gaming agent (or applicant) shall maintain on the premises of such agent a complete, updated copy of the jobs compendium of such agent (or applicant), which shall be made available for review upon the request of the commission;

(6) whenever required by these regulations, the video lottery gaming agent shall file three copies of a jobs compendium and three copies of an amendment to a jobs compendium with the commission. Each copy shall be in a format prescribed in writing by the commission, including a cover indicating the date of the submission and the label "Jobs Compendium Submission" or "Jobs Compendium Amendment" as appropriate;

(7) the video lottery gaming agent shall submit to the commission a list of employees who have received annual compensation of $100,000 or more, including salary, bonuses, incentives, profit sharing or any other compensation as indicated on the employees' annual Internal Revenue Service Form W-2. Such list shall be submitted to the commission by March 31st for the preceding calendar year and shall include the following for each employee listed:

(i) the name of the employee;

(ii) the employee license number;

(iii) the position of the employee and the corresponding job code for such position;

(iv) the total amount of compensation received by the employee; and

(v) each form of compensation received, such as salary, bonuses, incentives or profit sharing, and the amount thereof;

(8) no provision of this section shall be construed so as to limit the video lottery gaming agent's discretion to utilize a particular job title for any position in such agent's jobs compendium.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 5107.2