Bill Text: NY S08466 | 2017-2018 | 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 1-0)
Status: (Introduced - Dead) 2018-05-08 - REFERRED TO LABOR [S08466 Detail]
Download: New_York-2017-S08466-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 8466 IN SENATE May 8, 2018 ___________ Introduced by Sen. PERALTA -- read twice and ordered printed, and when printed to be committed 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. 24 Such statement of rights and obligations shall be prepared in English, 25 Spanish, Creole and any other language determined by the commissioner to 26 be spoken as a primary language by a substantial percentage of such 27 workers or employees. Upon the request of the employment agency, the 28 commissioner shall provide translation assistance to such agency and EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD08978-01-7S. 8466 2 1 shall make samples of such statement prepared in the required language 2 available to such agency. Every licensed employment agency under the 3 jurisdiction of the commissioner and to which this article applies shall 4 certify that the written statement required by this subdivision conforms 5 to rules and regulations promulgated by the department and shall file a 6 copy of such written statement with the department. 7 § 2. This act shall take effect on the ninetieth day after it shall 8 have become a law.
