A02103 Summary:

BILL NOA02103
 
SAME ASNo Same As
 
SPONSORDickens
 
COSPNSR
 
MLTSPNSR
 
Add §201-h, Lab L
 
Directs the commissioner of labor to establish the form and content for contracts for the employment of domestic workers; requires all contracts for such employment to comply with such form and content.
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A02103 Actions:

BILL NOA02103
 
01/22/2019referred to labor
01/08/2020referred to labor
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A02103 Committee Votes:

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A02103 Floor Votes:

There are no votes for this bill in this legislative session.
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A02103 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A2103
 
SPONSOR: Dickens
  TITLE OF BILL: An act to amend the labor law, in relation to establishing a contract for the employment of domestic workers   PURPOSE OR GENERAL IDEA OF BILL: The purpose of this bill is to establish the mandatory use of a standard employment contract for domestic workers.   SUMMARY OF SPECIFIC PROVISIONS: This bill would require the Commissioner of the New York State Depart- ment of Labor to establish a standard form of content of contracts for use in the employment of domestic workers. Such contracts shall include provisions for time off, required duties, expected weekly work hours, consent to overtime, relevant wage information, etc. This legislation would prohibit any person from employing a domestic worker without entering into such a contract as required by this section.   JUSTIFICATION: Today's paid household workers are largely immigrant women from the Caribbean, Philippines and Central America. This is particularly true of New York City, which has the largest population of immigrant domestic workers in America. While some of these women work under fair labor and employment condi- tions, most do not. Most domestic workers are laboring without health care, job security, paid sick days or holidays. Wages and working condi- tions for most domestic workers vary considerably, but labor law violations are endemic within our country. Accordingly, despite the heightened risk of exploitation, many domestic workers do not receive the full protection of state and federal laws because those laws explic- itly fail to provide for those serving in such a capacity. Those state and federal laws that do govern domestic employment are under-enforced or provide few effective remedies and consequences, therefore allowing exploitative practices to proliferate.   PRIOR LEGISLATIVE HISTORY: 2017-2018: A6846 2015-2016: A3956 2013-2014: A5239 2011 - A4845 2009 - A1384 2007 - A.785 2006 - A.9379 2005 - A.5153   FISCAL IMPLICATIONS: None.   EFFECTIVE DATE: This act shall take effect immediately, provided that subdivision 2 of section 201-f of the Labor Law, as added by section one of this act, shall take effect on the one hundred eightieth day after it shall have become a law.
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A02103 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          2103
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 22, 2019
                                       ___________
 
        Introduced  by M. of A. DICKENS -- read once and referred to the Commit-
          tee on Labor
 
        AN ACT to amend the labor law, in relation to  establishing  a  contract
          for the employment of domestic workers
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The labor law is amended by adding a new section  201-h  to
     2  read as follows:
     3    §  201-h.  Domestic worker contracts. 1. The commissioner shall estab-
     4  lish the form and content of contracts for the  employment  of  domestic
     5  workers. Every such contract shall include:
     6    a. a description of the employment and the duties that are expected to
     7  be performed in the course of such employment;
     8    b. the expected number of hours of work per week;
     9    c. provisions for vacation, holiday, personal and sick leave;
    10    d. the rate of wages paid for such employment; and
    11    e. consent to work overtime.
    12    2.  No  person shall employ any domestic worker unless such person has
    13  entered into a written contract, meeting the requirements of subdivision
    14  one of this section, with each domestic worker employed.
    15    § 2. This act shall take effect on the one hundred eightieth day after
    16  it shall have become a law.
 
 
 
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06492-01-9
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A02103 LFIN:

 NO LFIN
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A02103 Chamber Video/Transcript:

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