N.Y. General Business Law 185-A – Domestic dayworkers who are transported to the place of employment
§ 185-a. Domestic dayworkers who are transported to the place of employment. 1. Purposes. The lack of adequate local transportation in certain suburban and urban communities of the state has caused employment agencies to provide transportation to daily domestic workers, to and from their places of employment. This service rendered by the employment agencies has resulted in assured and continued employment on a regular basis for domestic workers who do not wish to sleep-in and for continuous and certain household employees for householders desiring day domestic workers only. This section is enacted to provide adequate compensation for such services, to encourage their continuation and to establish adequate regulations.
Terms Used In N.Y. General Business Law 185-A
- Commissioner: means the industrial commissioner of the state of New York, except that in the application of this article to the city of New York the term "commissioner" means the commissioner of consumer affairs of such city. See N.Y. General Business Law 171
- Contract: A legal written agreement that becomes binding when signed.
- Employment agency: means any person (as hereinafter defined) who, for a fee, procures or attempts to procure:
(1) employment or engagements for persons seeking employment or engagements, or
(2) employees for employers seeking the services of employees. See N.Y. General Business Law 171 - Fee: means anything of value, including any money or other valuable consideration charged, collected, received, paid or promised for any service, or act rendered or to be rendered by an employment agency, including but not limited to money received by such agency or its emigrant agent which is more than the amount paid by it for transportation, transfer of baggage, or board and lodging on behalf of any applicant for employment. See N.Y. General Business Law 171
2. Application. a. The provisions of this section, and the applicable provisions of other sections of this article, shall apply to an employment agency which makes placements of domestic workers in households where the domestic employee is supplied with at least one meal, and where the agency transports the domestic worker to and from the employment agency or a location selected by the employment agency by a vehicle under the sole control and operation of the employment agency, all at no charge to the domestic employee.
b. The term placement as used in this section means a single day's employment pursuant to the employment agreement.
3. Responsibilities. a. Every employment agency making placements pursuant to the provisions of this section shall transport employees to householders in a vehicle under the sole control and operation of the employment agency. Such vehicle shall be operated in compliance with applicable laws governing occupancy, insurance and safety.
b. Such agency shall be responsible for the transportation of the employee to the point of origination at the conclusion of the working day. If the point of origination shall be other than the office of the employment agency or the home of the employee, notice thereof shall be given to the commissioner for his approval prior to its utilization.
4. Maximum fee. a. Notwithstanding any other provision of this article, the maximum fee that may be charged by such agency for a placement of this type of employment shall be charged to the employer only, and shall not exceed an amount based on the daily wage paid to the employee, the following:
Where such daily wage is at least $11.00 but less than $12.00 ……………………….. $4.00 at least $12.00 but less than $13.00 ……………………….. $4.25 at least $13.00 but less than $14.00 ……………………….. $4.50 at least $14.00 but less than $15.00 ……………………….. $4.75 at least $15.00 but less than $16.00 ……………………….. $5.00 For each additional dollar of daily wage beginning at $16.00, an additional fee of 25 cents may be charged; for each dollar of daily wage less than $11.00 the fee shall be reduced by 25 cents. The value of meals shall not be included in determining the employee's wages.
b. No charge shall be made to either employee or householder for any transportation provided hereunder.
c. Notwithstanding any other provision of this article a written contract with either the domestic employee or employer shall not be required in order for the agency to charge or collect a fee.
5. Registers. Such agency shall enter in the same or separate registers approved by the commissioner, the following information, instead of the register entries prescribed in section one hundred seventy-nine of this article.
(1) The name, address and date of first application for employment of each domestic worker, and the name and address of at least one of the former employers or persons to whom such applicant is known;
2. The name and address of every employer from whom a fee is received or charged, the name of each domestic employee employed by the employer, the date of employment, the fee charged or received from the employer and the rate of wages or salary agreed upon.
6. Statement of job conditions. Each agency shall give each employee and employer a statement of job conditions in a form approved by the commissioner. The statement to the employee shall fully and accurately describe the nature and terms of employment, including wages, numbers of hours of work, responsibility of the agency for transportation, and the responsibility of the employer for the payment of the fee and to provide the employee with one meal. The statement to the employer shall include the foregoing, and in addition the agency fee and the responsibility of the employer to provide the employee with one meal. Such statement as aforesaid shall be given prior to the first placement by the agency and need not be repeated unless changed.