NY State Senate Bill 2017-S8466

Senate Bill S8466

2017-2018 Legislative Session

Requires that statements of employee rights and employer obligations for domestic workers are prepared in English, Spanish, Creole and other necessary languages

download bill text pdf

Archive: Last Bill Status - In Senate Committee Labor Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 08, 2018	referred to labor

2017-S8466 (ACTIVE) - Details

See Assembly Version of this Bill:: A4434
Current Committee:: Senate Labor
Law Section:: Labor Law
Laws Affected:: Amd §691, Lab L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A6426
2011-2012: A1067
2013-2014: A4187
2015-2016: A8497
2019-2020: A3631

2017-S8466 (ACTIVE) - Summary

Requires that statements of employee rights and employer obligations for domestic workers are prepared in English, Spanish, Creole and other necessary languages.

2017-S8466 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8466

SPONSOR: PERALTA
 
TITLE OF BILL:  An act to amend the labor law, in relation to domestic
workers and household employees

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill requires that statements of employee rights and employer obli-
gations for domestic workers are prepared in English, Spanish, Creole
and other necessary languages.

 
SUMMARY OF SPECIFIC PROVISIONS:

Subdivision 1 of section 691 of the labor law is amended to require that
every licensed employment agency under the jurisdiction of the commis-
sioner 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 employer, 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. This statement of rights shall include but
not be limited to: a general description of employee rights and employer
obligations pursuant to the laws regarding minimum wage, overtime and
hours of work, record keeping, social security payments, unemployment
insurance coverage, disability insurance coverage and workers' compen-
sation.

 
JUSTIFICATION:

The "Domestic Workers Bill of Rights" is designed to improve and protect
the rights of domestic workers, especially immigrant women of color, who
are particularly vulnerable to unfair labor practices and frequently
subject to physical, mental and economic abuse. This law requires a
written statement of rights and a contract of agreed upon job conditions
to be furnished to each prospective employee in the appropriate language
by any licensed agency before the job placement is arranged.

 
PRIOR LEGISLATIVE HISTORY:

2005/06: A12099 Referred to Labor
2007/08: A5115 Referred to Labor
2009/10: A642 Held in Labor
2011/12: A1067 Referred to Labor
2013/14: A4187 Referred to Labor
2015/16: A8497 Referred to Labor

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None

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

2017-S8466 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8466
 
                             I N  S E N A T E
 
                                May 8, 2018
                                ___________
 
 Introduced  by  Sen. PERALTA -- read twice and ordered printed, and when
   printed to be committed 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
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD08978-01-7

 S. 8466                             2
 
 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.

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