NY Soc Serv L § 336-C (2021)
2021 New York Laws SOS - Social Services Article 5 - Assistance and Care Title 9-B - Public Assistance Employment Programs 336-C - Work Experience.

§  336-c.  Work  experience.  1.  (a) Work experience programs meeting state and federal requirements may be  established  by  social  services districts.  (b) Work experience programs may include the performance of work for a federal office or agency, county, city, village or town or for the state or  in  the  operation  of  or  in  an activity of a nonprofit agency or institution, in accordance with the regulations of the department.   2. A recipient may be assigned to participate in such work  experience program only if:  (a)  appropriate  federal  and  state  standards of health, safety and other work conditions are maintained;  (b) The number of hours a participant in  work  experience  activities authorized  pursuant  to  this section shall be required to work in such assignment shall  not  exceed  a  number  which  equals  the  amount  of assistance  payable  with  respect  to such individual (inclusive of the value of food stamps received by such individual, if any) divided by the higher of (a) the federal minimum wage provided that such hours shall be limited as set forth  in  subdivision  four  of  section  three  hundred thirty-six of this title, or (b) the state minimum wage;  (c)  such recipients are provided appropriate workers' compensation or equivalent protection for on-the-job injuries and tort claims protection on the same basis, but not necessarily at the  same  benefit  level,  as they  are  provided  to  other persons in the same or similar positions, while participating in work experience activities under this section;  (d) the project to which the participant is assigned serves  a  useful public  purpose in fields such as health, social services, environmental protection, education, urban and rural  development  and  redevelopment, welfare,  recreation, operation of public facilities, public safety, and child day care;  (e) such assignment would not result in (i) the  displacement  of  any currently  employed  worker  or  loss  of  position  (including  partial displacement such as reduction in the hours of non-overtime work,  wages or  employment  benefits)  or  result  in  the  impairment  of  existing contracts for services or collective  bargaining  agreements;  (ii)  the employment  or  assignment of a participant or the filling of a position when any other person is on layoff  from  the  same  or  any  equivalent position  or  the  employer has terminated the employment of any regular employee or otherwise reduced its workforce with the effect  of  filling the  vacancy  so  created  with  a participant assigned pursuant to this section; (iii) any infringement of the promotional opportunities of  any current  employed  person; or (iv) the performance, by such participant, of a substantial portion of the work ordinarily and  actually  performed by regular employees; or (v) the loss of a bargaining unit position as a result  of work experience participants performing, in part or in whole, the work normally performed by the employee in such position;  (f) such assignment is not at any  work  site  at  which  the  regular employees  are  on  a  legal  strike  against  the employer or are being subjected to lock out by the employer.   3. The public employer shall publish  on  a  monthly  basis  a  report summarizing  the  employer's work experience program for the month. Such monthly  report  shall  include,  at  a  minimum,  summary   information regarding  the  agencies or departments where participants are assigned, work locations, job duties and  assignments,  hours  worked  and  period worked  and  shall  be  provided  to the certified collective bargaining representative and may  not  be  disclosed  to  any  other  party.  Such certified  collective  bargaining  representative  shall take reasonable steps to protect the confidentiality of such information and shall  take reasonable  steps  to  prevent  disclosure  of  same  to  non-authorized  persons. Every report provided pursuant to this section shall contain  a warning  against  re-disclosure and asserting the confidentiality of the information therein provided.   4.  In  assigning  a recipient who is a non-graduate student attending CUNY,  SUNY  or  other  approved  non-profit  education,   training   or vocational  rehabilitation  agency,  the  social services district must, after consultation with officials of  CUNY,  SUNY  or  other  non-profit education,  training  or  vocational  rehabilitation  agency, assign the student to a work site on campus, where the recipient is  enrolled,  and shall  not  unreasonably  assign the student to hours that conflict with the  student's  academic  schedule,  if  an  approved  work   experience assignment  is  available.  Where such work experience assignment is not available, the social services district shall, to the  extent  possible, assign  the  student  to  a work site within reasonable proximity to the campus where the recipient is enrolled and shall not unreasonably assign the student to hours that conflict with the student's academic schedule. Provided, however, in order to qualify for a work experience  assignment on-campus,  or  in  close  proximity  to  campus,  a student must have a cumulative C average, or its equivalent.  The  district  may  waive  the requirement  that  the  student  have  a  cumulative  C  average  or its equivalent for undue hardship based on: (i) the death of a  relative  of the  student;  (ii)  the  personal  injury or illness of the student; or (iii) other extenuating circumstances.