Senate Bill S2312A

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2312
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 13, 2017
                                ___________
 
 Introduced by Sen. ALCANTARA -- 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:
   § 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.
                                                            LBD07010-01-7
              

 S. 2312                             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."
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law.