Under the law, the Labor Department must respond to a FOIA request within 20 business days after receiving it. It must also inform the requester of its determination regarding the scope of the documents to be produced.
In the lawsuit, Underwood alleged that the Department of Labor failed to comply with the FOIA requirements, and thus violated the law.
In addition, Underwood argued that her office “has a legal right to the requested records,” but the Department of Labor is improperly withholding those records. Because of that, her office filed a lawsuit to “enforce its legal right under the FOIA.”
“As chief law enforcement officer of New York State, responsible for protecting the safety, welfare and labor rights of its residents, it is critical for the attorney general to understand the nature of the PAID program and its possible effect on the residents of New York and enforcement of the state’s labor laws,” the lawsuit states.
