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.

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.