Requires employment agencies in the city of New York to provide a brochure with and post a job seekers bill of rights.
TITLE OF BILL: 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
PURPOSE: Requires employment agencies in the city of New York to provide and post a job seekers bill of rights.
SUMMARY OF PROVISIONS: 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.
JUSTIFICATION: Employment agencies are thriving on the misfortune of their unemployed clients and their lack of knowledge. Unlicensed and unscrupulous employment agencies are betting that their clients are unaware of their rights and are targeting communities who are most vulnerable during these tough economic times, such as immigrants, non-English speaking communities and young adults who are going out into the work force for the first time.
LEGISLATIVE HISTORY: New Bill.
FISCAL IMPLICATIONS: To be determined.
EFFECTIVE DATE: This act shall take effect on the ninetieth day after it shall have become a law.
STATE OF NEW YORK ________________________________________________________________________ 504 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________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, WORKEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02221-01-3 S. 504 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.