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