Bill Text: NY S05188 | 2009-2010 | General Assembly | Introduced

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Bill Title: Requires employment agencies in the city of New York to provide a brochure with and post a job seekers bill of rights.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-01-06 - REFERRED TO CONSUMER PROTECTION [S05188 Detail]

Download: New_York-2009-S05188-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5188
                              2009-2010 Regular Sessions
                                   I N  S E N A T E
                                    April 27, 2009
                                      ___________
       Introduced  by  Sen. SCHNEIDERMAN -- read twice and ordered printed, and
         when printed to be committed to the Committee on Consumer Protection
       AN ACT to amend the general  business  law,  in  relation  to  requiring
         employment  agencies in the city of New York to conspicuously post and
         provide a copy of a job seekers bill of rights
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The general business law is amended by adding a new section
    2  188-a to read as follows:
    3    S  188-A.  JOB  SEEKERS BILL OF RIGHTS. EVERY EMPLOYMENT AGENCY IN THE
    4  CITY OF NEW YORK SHALL POST IN A CONSPICUOUS PLACE IN THE MAIN  ROOM  OF
    5  SUCH  AGENCY  AND PROVIDE A BROCHURE WHICH INCLUDES THE JOB SEEKERS BILL
    6  OF RIGHTS ESTABLISHED BY THIS SECTION.  SUCH  CONSPICUOUS    NOTICE  AND
    7  BROCHURE  SHALL  BE PRINTED IN THE LANGUAGE WHICH PERSONS COMMONLY DOING
    8  BUSINESS WITH SUCH AGENCY CAN UNDERSTAND. THE FOLLOWING SHALL CONSTITUTE
    9  THE "JOB SEEKERS BILL OF RIGHTS".
   10                          "JOB SEEKERS BILL OF RIGHTS
   11    1. MAKE SURE YOU'RE VISITING A LEGITIMATE COMPANY. ONLY USE A LICENSED
   12  EMPLOYMENT AGENCY. TO CONFIRM PROPER LICENSING CALL 311  OR  GO  TO  NEW
   13  YORK CITY'S DEPARTMENT OF CONSUMER AFFAIRS' WEBSITE: NYC.GOV/CONSUMERS.
   14    2.  AVOID  EMPLOYMENT  AGENCIES THAT GUARANTEE JOBS. BY LAW EMPLOYMENT
   15  AGENCIES CANNOT GUARANTEE THEY WILL FIND YOU A JOB. IN ADDITION, EMPLOY-
   16  MENT AGENCIES CANNOT REFER YOU TO A JOB THAT PAYS LESS THAN MINIMUM WAGE
   17  OR DOES NOT PAY OVERTIME.
   18    3. MAKE SURE THE AGENCY IS APPROVED TO PROVIDE  TRAINING.  CHECK  WITH
   19  THE  NEW  YORK CITY DEPARTMENT OF CONSUMER AFFAIRS TO MAKE SURE THAT THE
   20  EMPLOYMENT AGENCY IS APPROVED TO PROVIDE ANY TYPE OF TRAINING.
   21    4. GET A JOB DESCRIPTION IN WRITING. EMPLOYMENT AGENCIES ARE  REQUIRED
   22  TO  DESCRIBE,  IN  WRITING,  ALL JOBS AVAILABLE FOR AGENCY REFERRAL. THE
   23  DESCRIPTION MUST INCLUDE THE EMPLOYER'S NAME, ADDRESS, WAGE  RATE,  WORK
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11069-01-9
       S. 5188                             2
    1  HOURS,  SERVICES  YOU ARE EXPECTED TO PERFORM AND THE AGENCY FEE. IF YOU
    2  ARE NOT PROVIDED THIS INFORMATION, CALL 311.
    3    5. KNOW YOUR WAGE RIGHTS. AGENCIES MAY REFER YOU ONLY TO JOBS THAT ARE
    4  CURRENT  AND  AVAILABLE  AND PAY AT LEAST THE MINIMUM WAGE AS SET BY NEW
    5  YORK STATE AND FEDERAL LAW.
    6    6. KNOW YOUR CONTRACT RIGHTS. EMPLOYMENT AGENCIES MUST  SHOW  YOU  THE
    7  ENTIRE  CONTRACT  BEFORE  YOU  SIGN  IT. YOU MUST BE GIVEN A COPY OF ANY
    8  CONTRACT YOU SIGN. READ THE CONTRACT CAREFULLY TO MAKE  SURE  THAT  WHAT
    9  YOU  ARE  AGREEING  TO  IN  WRITING IS THE SAME AS THE DEAL YOU ACCEPTED
   10  VERBALLY. BEFORE SIGNING THE CONTRACT, GET THE AGENCY TO ANSWER  ALL  OF
   11  YOUR QUESTIONS, IN WRITING. CONTRACTS NEGOTIATED IN SPANISH MUST ALSO BE
   12  WRITTEN IN SPANISH. FEES IN THE CONTRACT CANNOT EXCEED THE FEES THAT ARE
   13  LEGALLY PERMITTED. YOU MUST ALSO BE GIVEN A RECEIPT EACH TIME YOU MAKE A
   14  PAYMENT OR DEPOSIT. KEEP ALL COPIES IN A SAFE PLACE.
   15    7.  KNOW  YOUR  FEE  AND  REFUND  RIGHTS. EMPLOYMENT AGENCIES CAN ONLY
   16  CHARGE A FEE FOR PLACING A PERSON IN A JOB. THEY CANNOT CHARGE AN APPLI-
   17  CATION OR AN INTERVIEW FEE. ONLY JOB  APPLICANTS  SEEKING  A  JOB  AS  A
   18  DOMESTIC WORKER, HOUSEHOLD WORKER, AGRICULTURAL WORKER, INDUSTRIAL WORK-
   19  ER  OR  MECHANIC, MAY BE CHARGED ADVANCE FEES. IF YOU SUSPECT FRAUDULENT
   20  BEHAVIOR YOU COULD BE  ENTITLED  TO  A  REFUND.  CALL  311  TO  ISSUE  A
   21  COMPLAINT AND APPLY FOR RESTITUTION REGARDLESS OF IMMIGRATION STATUS."
   22    S  2.  This  act shall take effect on the ninetieth day after it shall
   23  have become a law.