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This entry was published on 2014-09-22
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SECTION 691
Statement of employee rights and employer obligations under state and federal law
Labor (LAB) CHAPTER 31, ARTICLE 19-B
§ 691. Statement of employee rights and employer obligations under
state and federal law. 1. Every licensed employment agency under the
jurisdiction of the commissioner and engaged in the job placement of
domestic workers or household employees shall provide to each applicant
for employment as a domestic worker or household employee and his or her
prospective employer, before job placement is arranged, a written
statement indicating the rights of such worker and employee and the
obligations of his or her employer under state and federal law. In the
event any such licensed employment agency maintains a website, the text
of such written statement shall also be provided on the agency's
website. The department shall promulgate rules and regulations detailing
what information should be included in such written statement. Such
rules and regulations shall require that such statement of rights and
obligations embody provisions of state and federal laws that pertain to
domestic workers or household employees, both in their capacity as
workers and employees in New York state and the United States and in
their capacity specifically as domestic workers 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. Every licensed employment agency
under the jurisdiction of the commissioner and to which this article
applies shall certify that the written statement required by this
subdivision conforms to rules and regulations promulgated by the
department and shall file a copy of such written statement with the
department.

2. Every employment agency engaged in the job placement of domestic
workers or household employees shall keep on file in its principal place
of business for a period of three years a statement, signed by the
employer of a domestic worker 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 one of this section.