NY Gen Bus L § 185-A (2021)
2021 New York Laws GBS - General Business Article 11 - Employment Agencies. 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.   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.