Subchapter 14 - Domestic Workers and Household Employees

Section 20-770

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

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

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

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

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