N.Y. Social Services Law § 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.