Section 20-770
* § 20-770 Application. The provisions of this subchapter shall apply
to all employment agencies, as defined in section 171 of article 11 of
the general business law, which arrange employment for domestic or
household employees.
* NB There are 2 § 20-770's
Section 20-771
* § 20-771 Statement of employee rights and employer obligations under
state and federal law. a. Every licensed employment agency under the
jurisdiction of the commissioner and engaged in the job placement of
domestic or household employees shall provide to each applicant for
employment as a domestic or household employee and his or her
prospective employer, before job placement is arranged, a written
statement indicating the rights of such employee and the obligations of
his or her employer under state and federal law. Such statement of
rights and obligations shall embody provisions of state and federal laws
that pertain to domestic or household employees, both in their capacity
as workers in New York state and the United States and in their capacity
specifically as domestic 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 insurance coverage, disability insurance coverage and
workers' compensation. Such statement of rights and obligations shall be
prepared and distributed by the commissioner to licensed employment
agencies over which the commissioner has jurisdiction.
b. Every employment agency engaged in the job placement of domestic or
household employees shall keep on file in its principal place of
business for a period of three (3) years a statement, signed by the
employer of a domestic or household employee whom the employment agency
has placed with such employer, indicating that the employer has read and
understands the statement of rights and obligations he or she received
pursuant to subdivision (a) of this section.
* NB There are 2 § 20-771's
Section 20-772
* § 20-772 Statement of job conditions; records. a. Every licensed
employment agency under the jurisdiction of the commissioner and engaged
in the job placement of domestic or household employees shall provide to
each applicant for employment as a domestic or household employee a
written statement, in a form approved by the commissioner, of the job
conditions of each potential employment position to which the agency
recommends that the applicant apply. Each such statement shall fully and
accurately describe the nature and terms of employment, including the
name and address of the person to whom the applicant is to apply for
such employment, the name and address of the person authorizing the
hiring for such position, wages, hours of work, the kind of services to
be performed and agency fee.
b. Every employment agency engaged in the job placement of domestic or
household employees shall keep on file in its principal place of
business for a period of three (3) years a duplicate copy of the written
statement of job conditions required by subdivision (a) of this section.
* NB There are 2 § 20-772's
Section 20-773
* § 20-773 Enforcement. In order to implement and carry out the
requirements of this subchapter, the commissioner or his or her duly
authorized agent or inspector shall have the same authority as set forth
in section 189 of article 11 of the general business law.
* NB There are 2 § 20-773's
Section 20-774
* § 20-774 Violations. Any person who violates, and the officers of a
corporation and stockholders holding ten percent or more of the stock of
a corporation which is not publicly traded, who knowingly permit the
corporation to violate, subdivisions (a) and (b) of sections 20-771 and
20- 20-772 of this subchapter shall be guilty of a misdemeanor and upon
conviction shall be subject to a fine not to exceed one thousand
dollars, or imprisonment for not more than one year, or both, by any
court of competent jurisdiction. Criminal proceedings based upon
violations of such subdivisions may be instituted by the commissioner
and/or any persons aggrieved by such violations.
* NB There are 2 § 20-774's