S T A T E O F N E W Y O R K
________________________________________________________________________
4434
2017-2018 Regular Sessions
I N A S S E M B L Y
February 2, 2017
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Introduced by M. of A. ORTIZ, JAFFEE -- Multi-Sponsored by -- M. of A.
HIKIND -- 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.
SUCH STATEMENT OF RIGHTS AND OBLIGATIONS SHALL BE PREPARED IN ENGLISH,
SPANISH, CREOLE AND ANY OTHER LANGUAGE DETERMINED BY THE COMMISSIONER TO
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08978-01-7
A. 4434 2
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.
§ 2. This act shall take effect on the ninetieth day after it shall
have become a law.