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:

  Section 1. Subdivision 1 of section 691 of the labor law, as added  by
chapter 721 of the laws of 2004, is amended to read as follows:
  1.  Every  licensed  employment  agency  under the jurisdiction of the
commissioner and engaged in the job placement  of  domestic  workers  or
household  employees shall provide to each applicant for employment as a
domestic worker or household employee and his or her prospective employ-
er, before job placement is arranged, a written statement indicating the
rights of such worker and employee and the obligations  of  his  or  her
employer  under  state  and  federal law. In the event any such licensed
employment agency maintains a website, the text of such  written  state-
ment  shall  also  be  provided  on the agency's website. The department
shall promulgate rules and regulations detailing what information should
be included in such written statement. Such rules and regulations  shall
require  that such statement of rights and obligations embody provisions
of state and federal laws that pertain to domestic workers or  household
employees,  both  in their capacity as workers and employees in New York
state and the United States and in their capacity specifically as domes-
tic workers or household employees in New  York  state  and  the  United
States.  Such statement of rights and obligations shall include, but not
be limited to, a general description of  employee  rights  and  employer
obligations  pursuant to laws regarding minimum wage, overtime and hours
of work, record keeping, social security payments,  unemployment  insur-
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

SUCH STATEMENT OF RIGHTS AND OBLIGATIONS SHALL BE PREPARED  IN  ENGLISH,
SPANISH, CREOLE AND ANY OTHER LANGUAGE DETERMINED BY THE COMMISSIONER TO
BE  SPOKEN  AS  A  PRIMARY  LANGUAGE BY A SUBSTANTIAL PERCENTAGE OF SUCH
WORKERS  OR  EMPLOYEES.  UPON  THE REQUEST OF THE EMPLOYMENT AGENCY, THE
COMMISSIONER SHALL PROVIDE TRANSLATION ASSISTANCE  TO  SUCH  AGENCY  AND
SHALL  MAKE  SAMPLES OF SUCH STATEMENT PREPARED IN THE REQUIRED LANGUAGE
AVAILABLE TO SUCH AGENCY. Every licensed  employment  agency  under  the
jurisdiction of the commissioner and to which this article applies shall
certify that the written statement required by this subdivision conforms
to  rules and regulations promulgated by the department and shall file a
copy of such written statement with the department.
  S 2. This act shall take effect on the ninetieth day  after  it  shall
have become a law.