Bill Text: NY A01067 | 2011-2012 | General Assembly | Introduced
Bill Title: Requires that statements of employee rights and employer obligations for domestic workers are prepared in English, Spanish, Creole and other necessary languages.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced - Dead) 2012-01-04 - referred to labor [A01067 Detail]
Download: New_York-2011-A01067-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
1067
2011-2012 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 5, 2011
___________
Introduced by M. of A. ORTIZ, P. RIVERA -- Multi-Sponsored by -- M. of
A. GOTTFRIED, WEISENBERG -- read once and referred to the Committee on
Labor
AN ACT to amend the labor law, in relation to domestic workers and
household employees
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Subdivision 1 of section 691 of the labor law, as added by
2 chapter 721 of the laws of 2004, is amended to read as follows:
3 1. Every licensed employment agency under the jurisdiction of the
4 commissioner and engaged in the job placement of domestic workers or
5 household employees shall provide to each applicant for employment as a
6 domestic worker or household employee and his or her prospective employ-
7 er, before job placement is arranged, a written statement indicating the
8 rights of such worker and employee and the obligations of his or her
9 employer under state and federal law. In the event any such licensed
10 employment agency maintains a website, the text of such written state-
11 ment shall also be provided on the agency's website. The department
12 shall promulgate rules and regulations detailing what information should
13 be included in such written statement. Such rules and regulations shall
14 require that such statement of rights and obligations embody provisions
15 of state and federal laws that pertain to domestic workers or household
16 employees, both in their capacity as workers and employees in New York
17 state and the United States and in their capacity specifically as domes-
18 tic workers or household employees in New York state and the United
19 States. Such statement of rights and obligations shall include, but not
20 be limited to, a general description of employee rights and employer
21 obligations pursuant to laws regarding minimum wage, overtime and hours
22 of work, record keeping, social security payments, unemployment insur-
23 ance coverage, disability insurance coverage and workers' compensation.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03696-01-1
A. 1067 2
1 SUCH STATEMENT OF RIGHTS AND OBLIGATIONS SHALL BE PREPARED IN ENGLISH,
2 SPANISH, CREOLE AND ANY OTHER LANGUAGE DETERMINED BY THE COMMISSIONER TO
3 BE SPOKEN AS A PRIMARY LANGUAGE BY A SUBSTANTIAL PERCENTAGE OF SUCH
4 WORKERS OR EMPLOYEES. UPON THE REQUEST OF THE EMPLOYMENT AGENCY, THE
5 COMMISSIONER SHALL PROVIDE TRANSLATION ASSISTANCE TO SUCH AGENCY AND
6 SHALL MAKE SAMPLES OF SUCH STATEMENT PREPARED IN THE REQUIRED LANGUAGE
7 AVAILABLE TO SUCH AGENCY. Every licensed employment agency under the
8 jurisdiction of the commissioner and to which this article applies shall
9 certify that the written statement required by this subdivision conforms
10 to rules and regulations promulgated by the department and shall file a
11 copy of such written statement with the department.
12 S 2. This act shall take effect on the ninetieth day after it shall
13 have become a law.
