2023 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.