senate Bill S1874

2011-2012 Legislative Session

Requires employment agencies in the city of New York to provide and post a job seekers bill of rights

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 13, 2012 committee discharged and committed to rules
notice of committee consideration - requested
Jan 04, 2012 referred to consumer protection
Jun 01, 2011 reported and committed to commerce, economic development and small business
Jan 13, 2011 referred to consumer protection

Votes

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Jun 1, 2011 - Consumer Protection committee Vote

S1874
5
3
committee
5
Aye
3
Nay
1
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show Consumer Protection committee vote details

Consumer Protection Committee Vote: Jun 1, 2011

aye wr (1)
excused (1)

Co-Sponsors

S1874 - Bill Details

See Assembly Version of this Bill:
A8056
Current Committee:
Law Section:
General Business Law
Laws Affected:
Add ยง188-a, Gen Bus L
Versions Introduced in 2009-2010 Legislative Session:
S5188, A10865, A7586

S1874 - Bill Texts

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

view sponsor memo
BILL NUMBER:S1874

TITLE OF BILL:
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

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

SUMMARY OF PROVISIONS:
Every employment agency in the city of New York
shall post in a conspicuous place in the main room of such agency and
provide a brochure which includes the job seekers bill of rights
established by this section. Such conspicuous notice and brochure
shall be printed in the language which persons commonly doing
business with such agency can understand.

JUSTIFICATION:
Employment agencies are thriving on the misfortune of
their unemployed clients and their lack of knowledge. Unlicensed and
unscrupulous employment agencies are betting that their clients are
unaware of their rights and are targeting communities who are most
vulnerable during these tough economic times, such as immigrants,
non-English speaking communities and young adults who are going out
into the work force for the first time.

LEGISLATIVE HISTORY:
New Bill.

FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
This act shall take effect on the ninetieth day after
it shall have become a law.

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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1874

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 13, 2011
                               ___________

Introduced by Sen. ESPAILLAT -- 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:

  Section 1. The general business law is amended by adding a new section
188-a to read as follows:
  S 188-A. JOB SEEKERS BILL OF RIGHTS. EVERY EMPLOYMENT  AGENCY  IN  THE
CITY  OF  NEW YORK SHALL POST IN A CONSPICUOUS PLACE IN THE MAIN ROOM OF
SUCH AGENCY AND PROVIDE A BROCHURE WHICH INCLUDES THE JOB  SEEKERS  BILL
OF  RIGHTS  ESTABLISHED  BY  THIS SECTION. SUCH CONSPICUOUS   NOTICE AND
BROCHURE SHALL BE PRINTED IN THE LANGUAGE WHICH PERSONS  COMMONLY  DOING
BUSINESS WITH SUCH AGENCY CAN UNDERSTAND. THE FOLLOWING SHALL CONSTITUTE
THE "JOB SEEKERS BILL OF RIGHTS".
                        "JOB SEEKERS BILL OF RIGHTS
  1. MAKE SURE YOU'RE VISITING A LEGITIMATE COMPANY. ONLY USE A LICENSED
EMPLOYMENT  AGENCY.  TO  CONFIRM  PROPER LICENSING CALL 311 OR GO TO NEW
YORK CITY'S DEPARTMENT OF CONSUMER AFFAIRS' WEBSITE: NYC.GOV/CONSUMERS.
  2. AVOID EMPLOYMENT AGENCIES THAT GUARANTEE JOBS.  BY  LAW  EMPLOYMENT
AGENCIES CANNOT GUARANTEE THEY WILL FIND YOU A JOB. IN ADDITION, EMPLOY-
MENT AGENCIES CANNOT REFER YOU TO A JOB THAT PAYS LESS THAN MINIMUM WAGE
OR DOES NOT PAY OVERTIME.
  3.  MAKE  SURE  THE AGENCY IS APPROVED TO PROVIDE TRAINING. CHECK WITH
THE NEW YORK CITY DEPARTMENT OF CONSUMER AFFAIRS TO MAKE SURE  THAT  THE
EMPLOYMENT AGENCY IS APPROVED TO PROVIDE ANY TYPE OF TRAINING.
  4.  GET A JOB DESCRIPTION IN WRITING. EMPLOYMENT AGENCIES ARE REQUIRED
TO DESCRIBE, IN WRITING, ALL JOBS AVAILABLE  FOR  AGENCY  REFERRAL.  THE
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.
                                                           LBD05819-01-1

S. 1874                             2

HOURS, SERVICES YOU ARE EXPECTED TO PERFORM AND THE AGENCY FEE.  IF  YOU
ARE NOT PROVIDED THIS INFORMATION, CALL 311.
  5. KNOW YOUR WAGE RIGHTS. AGENCIES MAY REFER YOU ONLY TO JOBS THAT ARE
CURRENT  AND  AVAILABLE  AND PAY AT LEAST THE MINIMUM WAGE AS SET BY NEW
YORK STATE AND FEDERAL LAW.
  6. KNOW YOUR CONTRACT RIGHTS. EMPLOYMENT AGENCIES MUST  SHOW  YOU  THE
ENTIRE  CONTRACT  BEFORE  YOU  SIGN  IT. YOU MUST BE GIVEN A COPY OF ANY
CONTRACT YOU SIGN. READ THE CONTRACT CAREFULLY TO MAKE  SURE  THAT  WHAT
YOU  ARE  AGREEING  TO  IN  WRITING IS THE SAME AS THE DEAL YOU ACCEPTED
VERBALLY. BEFORE SIGNING THE CONTRACT, GET THE AGENCY TO ANSWER  ALL  OF
YOUR QUESTIONS, IN WRITING. CONTRACTS NEGOTIATED IN SPANISH MUST ALSO BE
WRITTEN IN SPANISH. FEES IN THE CONTRACT CANNOT EXCEED THE FEES THAT ARE
LEGALLY PERMITTED. YOU MUST ALSO BE GIVEN A RECEIPT EACH TIME YOU MAKE A
PAYMENT OR DEPOSIT. KEEP ALL COPIES IN A SAFE PLACE.
  7.  KNOW  YOUR  FEE  AND  REFUND  RIGHTS. EMPLOYMENT AGENCIES CAN ONLY
CHARGE A FEE FOR PLACING A PERSON IN A JOB. THEY CANNOT CHARGE AN APPLI-
CATION OR AN INTERVIEW FEE. ONLY JOB  APPLICANTS  SEEKING  A  JOB  AS  A
DOMESTIC WORKER, HOUSEHOLD WORKER, AGRICULTURAL WORKER, INDUSTRIAL WORK-
ER  OR  MECHANIC, MAY BE CHARGED ADVANCE FEES. IF YOU SUSPECT FRAUDULENT
BEHAVIOR YOU COULD BE  ENTITLED  TO  A  REFUND.  CALL  311  TO  ISSUE  A
COMPLAINT AND APPLY FOR RESTITUTION REGARDLESS OF IMMIGRATION STATUS."
  S  2.  This  act shall take effect on the ninetieth day after it shall
have become a law.

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