§ 185-A — Domestic dayworkers who are transported to the place of employment

§ 185-a. Domestic dayworkers who are transported to the place of\nemployment. 1. Purposes. The lack of adequate local transportation in\ncertain suburban and urban communities of the state has caused\nemployment agencies to provide transportation to daily domestic workers,\nto and from their places of employment. This service rendered by the\nemployment agencies has resulted in assured and continued employment on\na regular basis for domestic workers who do not wish to sleep-in and for\ncontinuous and certain household employees for householders desiring day\ndomestic workers only. This section is enacted to provide adequate\ncompensation for such services, to encourage their continuation and to\nestablish adequate regulations.\n 2. Application. a. The provisions of this section, and the applicable\nprovisions of other sections of this article, shall apply to an\nemployment agency which makes placements of domestic workers in\nhouseholds where the domestic employee is supplied with at least one\nmeal, and where the agency transports the domestic worker to and from\nthe employment agency or a location selected by the employment agency by\na vehicle under the sole control and operation of the employment agency,\nall at no charge to the domestic employee.\n b. The term placement as used in this section means a single day's\nemployment pursuant to the employment agreement.\n 3. Responsibilities. a. Every employment agency making placements\npursuant to the provisions of this section shall transport employees to\nhouseholders in a vehicle under the sole control and operation of the\nemployment agency. Such vehicle shall be operated in compliance with\napplicable laws governing occupancy, insurance and safety.\n b. Such agency shall be responsible for the transportation of the\nemployee to the point of origination at the conclusion of the working\nday. If the point of origination shall be other than the office of the\nemployment agency or the home of the employee, notice thereof shall be\ngiven to the commissioner for his approval prior to its utilization.\n 4. Maximum fee. a. Notwithstanding any other provision of this\narticle, the maximum fee that may be charged by such agency for a\nplacement of this type of employment shall be charged to the employer\nonly, and shall not exceed an amount based on the daily wage paid to the\nemployee, the following:\n Where such daily wage is\nat least $11.00 but less than $12.00 ............................. $4.00\nat least $12.00 but less than $13.00 ............................. $4.25\nat least $13.00 but less than $14.00 ............................. $4.50\nat least $14.00 but less than $15.00 ............................. $4.75\nat least $15.00 but less than $16.00 ............................. $5.00\nFor each additional dollar of daily wage beginning at $16.00, an\nadditional fee of 25 cents may be charged; for each dollar of daily wage\nless than $11.00 the fee shall be reduced by 25 cents. The value of\nmeals shall not be included in determining the employee's wages.\n b. No charge shall be made to either employee or householder for any\ntransportation provided hereunder.\n c. Notwithstanding any other provision of this article a written\ncontract with either the domestic employee or employer shall not be\nrequired in order for the agency to charge or collect a fee.\n 5. Registers. Such agency shall enter in the same or separate\nregisters approved by the commissioner, the following information,\ninstead of the register entries prescribed in section one hundred\nseventy-nine of this article.\n (1) The name, address and date of first application for employment of\neach domestic worker, and the name and address of at least one of the\nformer employers or persons to whom such applicant is known;\n 2. The name and address of every employer from whom a fee is received\nor charged, the name of each domestic employee employed by the employer,\nthe date of employment, the fee charged or received from the employer\nand the rate of wages or salary agreed upon.\n 6. Statement of job conditions. Each agency shall give each employee\nand employer a statement of job conditions in a form approved by the\ncommissioner. The statement to the employee shall fully and accurately\ndescribe the nature and terms of employment, including wages, numbers of\nhours of work, responsibility of the agency for transportation, and the\nresponsibility of the employer for the payment of the fee and to provide\nthe employee with one meal. The statement to the employer shall include\nthe foregoing, and in addition the agency fee and the responsibility of\nthe employer to provide the employee with one meal. Such statement as\naforesaid shall be given prior to the first placement by the agency and\nneed not be repeated unless changed.\n