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This entry was published on 2014-09-22
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SECTION 185-A
Domestic dayworkers who are transported to the place of employment
General Business (GBS) CHAPTER 20, ARTICLE 11
§ 185-a. Domestic dayworkers who are transported to the place of
employment. 1. Purposes. The lack of adequate local transportation in
certain suburban and urban communities of the state has caused
employment agencies to provide transportation to daily domestic workers,
to and from their places of employment. This service rendered by the
employment agencies has resulted in assured and continued employment on
a regular basis for domestic workers who do not wish to sleep-in and for
continuous and certain household employees for householders desiring day
domestic workers only. This section is enacted to provide adequate
compensation for such services, to encourage their continuation and to
establish adequate regulations.

2. Application. a. The provisions of this section, and the applicable
provisions of other sections of this article, shall apply to an
employment agency which makes placements of domestic workers in
households where the domestic employee is supplied with at least one
meal, and where the agency transports the domestic worker to and from
the employment agency or a location selected by the employment agency by
a vehicle under the sole control and operation of the employment agency,
all at no charge to the domestic employee.

b. The term placement as used in this section means a single day's
employment pursuant to the employment agreement.

3. Responsibilities. a. Every employment agency making placements
pursuant to the provisions of this section shall transport employees to
householders in a vehicle under the sole control and operation of the
employment agency. Such vehicle shall be operated in compliance with
applicable laws governing occupancy, insurance and safety.

b. Such agency shall be responsible for the transportation of the
employee to the point of origination at the conclusion of the working
day. If the point of origination shall be other than the office of the
employment agency or the home of the employee, notice thereof shall be
given to the commissioner for his approval prior to its utilization.

4. Maximum fee. a. Notwithstanding any other provision of this
article, the maximum fee that may be charged by such agency for a
placement of this type of employment shall be charged to the employer
only, and shall not exceed an amount based on the daily wage paid to the
employee, the following:

Where such daily wage is
at least $11.00 but less than $12.00 ............................. $4.00
at least $12.00 but less than $13.00 ............................. $4.25
at least $13.00 but less than $14.00 ............................. $4.50
at least $14.00 but less than $15.00 ............................. $4.75
at least $15.00 but less than $16.00 ............................. $5.00
For each additional dollar of daily wage beginning at $16.00, an
additional fee of 25 cents may be charged; for each dollar of daily wage
less than $11.00 the fee shall be reduced by 25 cents. The value of
meals shall not be included in determining the employee's wages.

b. No charge shall be made to either employee or householder for any
transportation provided hereunder.

c. Notwithstanding any other provision of this article a written
contract with either the domestic employee or employer shall not be
required in order for the agency to charge or collect a fee.

5. Registers. Such agency shall enter in the same or separate
registers approved by the commissioner, the following information,
instead of the register entries prescribed in section one hundred
seventy-nine of this article.

(1) The name, address and date of first application for employment of
each domestic worker, and the name and address of at least one of the
former employers or persons to whom such applicant is known;

2. The name and address of every employer from whom a fee is received
or charged, the name of each domestic employee employed by the employer,
the date of employment, the fee charged or received from the employer
and the rate of wages or salary agreed upon.

6. Statement of job conditions. Each agency shall give each employee
and employer a statement of job conditions in a form approved by the
commissioner. The statement to the employee shall fully and accurately
describe the nature and terms of employment, including wages, numbers of
hours of work, responsibility of the agency for transportation, and the
responsibility of the employer for the payment of the fee and to provide
the employee with one meal. The statement to the employer shall include
the foregoing, and in addition the agency fee and the responsibility of
the employer to provide the employee with one meal. Such statement as
aforesaid shall be given prior to the first placement by the agency and
need not be repeated unless changed.