S T A T E   O F   N E W   Y O R K
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                                  5188

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 27, 2009
                               ___________

Introduced  by  Sen. SCHNEIDERMAN -- 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,  WORK

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11069-01-9

              

S. 5188                             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.